IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. : 399 of 2018 Decided on : 07.05.2025 Smt. Shipra Saklani Mishra .…Appellant. Versus Sh. Arun Mishra ..…Respondent. Coram The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the appellant : Mr. S.C Sharma, Sr. Advocate, with Mr. Ravi Patiyal, Advocate. For the respondent : Mr. Ajay Kumar, Sr. Advocate, with Mr. Rohit,Advocate, for the respondent. Satyen Vaidya, Judge The instant appeal has been preferred against judgment and decree dated 20.06.2018, passed by learned District Judge Kangra at Dharamshala in HMA Petition No. 89-K/III-2013. 2. The appeal was listed on 06.05.2025, on which date the following order was passed:- 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Neutral Citation No. ( 2025:HHC:12996 ) “Both the parties are present in person in compliance to previous order passed by this Court. The parties are willing to bring an end to their dispute. They are ready to peacefully part-way, provided a decree of dissolution of marriage is passed by this Court on the basis of mutual consent of the parties. In lieu of such settlement, the respondent has offered to pay a sum of Rs.30.00 lacs to the appellant as permanent alimony, which has been accepted by the appellant. The respondent seeks some time to get prepared the demand draft in the sum of Rs.30.00 lacs favouring the appellant. List on 7th May, 2025. The parties shall remain present before the Court.” 3. Today again, both the parties are present in person alongwith their respective counsel. Respondent Mr. Arun Mishra has made a statement on oath that he is ready and willing to give up all his rights as have arisen from judgment and decree impugned in the instant appeal, if the appellant Ms. Shipra Saklani agrees for passing of a decree of dissolution of marriage between them by mutual consent by conversion of these proceedings into one under Section 13-B of the Hindu Marriage Act (for short “Act”). He has also brought a 3 Neutral Citation No. ( 2025:HHC:12996 ) demand draft No. 171240020 in the sum of Rs. 30,00,000/- favouring Ms. Shipra Saklani drawn on HDFC Bank for being handed over to her in lieu of his commitment. 4. The statement of appellant Ms. Shipra Saklani has also been recorded. She has concurred with the statement made by Mr. Arun Mishra and has shown her readiness and willingness for dissolution of her marriage with Mr. Arun Mishra by way of mutual consent under Section 13-B of the Act, on receipt of a sum of Rs. 30,00,000/- from Mr. Arun Mishra towards the amount of permanent alimony as also all her past, present and future claims against him. 5. Record reveals that the parties are living separately since 2013, though their matrimonial discord had started immediately after solmization of marriage i.e. in the years 2004-2005. Parties have voluntarily come forward for a decree of divorce on the basis of their mutual consent under Section 13-B of the Hindu Marriage Act. Obviously, they have not been able to reconcile for 4 Neutral Citation No. ( 2025:HHC:12996 ) considerable long period and that is why now have agreed for parting ways in a peaceful manner. 6. I am satisfied that the proposal of the parties to have a decree of divorce with mutual consent is bonafide and has been made with a purpose to live their respective lives peacefully. 7. Since, the parties are already litigating for more than twelve years, no fruitful purpose will be served by withholding the passing of decree any further on the basis of mutual consent rendered by the parties. 8. Accordingly, the instant proceedings is converted into one under Section 13-B of the Hindu Marriage Act. The marriage between the appellant Shipra Saklani and respondent Mr. Arun Mishra solemnized on 21.10.2004, is ordered to be dissolved by a decree of divorce by mutual consent. Respondent Mr. Arun Mishra has paid today a sum of Rs. 30,00,000/- to appellant Ms. Shipra Saklani by way of demand draft No. 171240020 on account of permanent alimony as also all her past, present and future claims against him. The amount has been accepted by Ms. Shipra Saklani and she has 5 Neutral Citation No. ( 2025:HHC:12996 ) undertaken not to claim any other amount in future from the respondent Mr. Arun Mishra on any count whatsoever. 9. In view of decree of divorce passed by this Court under Section 13-B of the Hindu Marriage Act, the judgment and decree dated 20.06.2018, passed by learned District Judge Kangra at Dharamshala in HMA Petition No. 89-K/III-2013, has been rendered infructuous. 10. The appeal, is accordingly, disposed of, so also the pending miscellaneous application(s), if any. 11. Decree sheet be prepared accordingly. (Satyen Vaidya) 7th May, 2025. Judge (sushma)