2025:HHC:33182 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. FAO (FC) No. 60 of 2025 Date of decision: 22.09.2025 Lata Kumari …Appellant Versus Niroj Kumar …Respondent Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? For the Appellant: Mr. Hemant Thakur, Advocate vice Mr. Mukesh Sharma, Advocate. For the Respondent: Ms. Rajni Gandhi, Advocate. Vivek Singh Thakur , Judge (Oral) This appeal has been preferred against judgment dated 19.3.2025, passed in HMA Petition No. 110-3 of 2018 by Additional Principal Judge, Family Court, Ghumarwin, whereby decree of dissolution of marriage was passed by dissolving the marriage between the parties., 2. During the pendency of present appeal, matter was referred for mediation, and after report of learned Mediator on 3.9.2025, following order was passed: “ As per report of the learned Mediator, matter has been resolved amicably through mediation and parties have agreed to dissolve the marriage by way of decree, subject to following conditions:- 2 2025:HHC:33182 i) That the parties shall jointly file a petition under Section 13-B of the Hindu Marriage Act, 1955, before the competent court for dissolution of their marriage by mutual consent. ii) That the First Party (Husband) shall pay a total sum of 27,00,000/- (Rupees Seven Lakhs only) as full and final settlement towards permanent alimony. maintenance (past, present, and future), and any other claims whatsoever to the second party. iii) That the First party has no objection to the release of Rs 4,00,000/- (Rs Four Lakh only) that is already deposited before the Ld Principal Judge Family Court Ghumarwin, Bilaspur (H.P) in favour of second party iv) That the first party handing over a cheque bearing No 132696 of UCO Bank branch at Bilaspur amounting to Rs 3,00,000/- (Three Lakh only) as the remaining permanent alimony amount. v) That the first party is handing over the following articles that were gifted to the first party at the time of their marriage  two silver rings  one silver chain  one golden ring  one watch and  one pair of silver payal  vi) That the Second Party (Wife) undertakes not to claim any further amount from the First Party towards alimony, maintenance (monthly, recurring, or lump sum), past or future, or any other claim of any nature whatsoever. vii) That the Second Party (Wife) who had left her stridhan while leaving the matrimonial home is lying as such in the matrimonial home and the First Party (Husband) shall have no objection if the Second Party 3 2025:HHC:33182 (Wife) intend to take the possession of the same on or before the passing of the decree of divorce. Following are the article of stridhan:  Double bed along with mattress, quilt, bed sheet  Godrej Almira  LCD TV  Sofa set along with table  Small trunk  Dinner set  Sewing machine  Celling fan viii) That the parties have agreed and undertaken not to interfere in each other's lives in future and shall lead their lives separately without interference, harassment, or disturbance from either side. ix) That both parties declare that they have settled all movable and immovable assets and liabilities mutually and nothing remains due towards each other. X) That both parties have executed this compromise deed out of their own free will, consent, and without any force, coercion, or undue influence. xi) That this compromise deed shall form part of and be annexed to the petition for mutual divorce and shall be binding upon both the parties. It has been submitted that out of Rs.7 Lakh, appellant Lata Kumari has received Rs. 3 Lakh and remaining Rs.4 Lakh, deposited by respondent-husband before the Family Court, Ghumarwin, District Bilaspur, H.P., has to be released in favour of wife Lata Kumari, for which no objection has been communicated by the respondent-husband. Certain articles, as detailed in the aforesaid terms lying in the house of the husband- respondent are yet to be taken to the house of wife- 4 2025:HHC:33182 appellant, which, according to parties, could not be transported due to bad weather, shall be shifted during next 15 days. In view of the aforesaid facts and submissions Family Court, Ghumarwin, District Bilaspur, H.P. is directed to release the amount deposited by the husband-respondent in case HMA No.73 of 2018, decided on 19.03.2025, titled as Niroj Kumar vs. Lata Kumari to Lata Kumari by remitting the same in her saving bank account alongwith up-to-date interest, if any accrued thereon after deposit, immediately on production of copy of this order alongwith details of the saving account of Lata Kumari. In view of the above, the matter is adjourned to enable the parties to report complete transaction regarding the release of amount as well as transportation of goods and articles, as agreed between them by next date. Parties need not to remain present on the next date of hearing. They may communicate the completion of transaction through their advocates. List on 22.09.2025 for passing appropriate orders” 3. It has been submitted by learned counsel for the appellant that remaining amount of Rs. 4,00,000/- has been released in favour of Lata Kumari and she has also received articles as well as goods from the respondent and, therefore, parties have complied with all the terms and conditions of the compromise referred supra. 5 2025:HHC:33182 4. In view of above, marriage between the parties is dissolved by way decree of dissolution of marriage on the basis of mutual consent in terms of aforesaid compromise. The impugned judgment and decree is modified to that extent. 5. Before parting, we would like to record words of appreciation for learned Mediator Ms. Anjali Soni Verma, Advocate/Mediator for her earnest efforts for materializing settlement and also for learned counsel and parties whose active cooperation has resulted into happy ending of litigation. 6. Terms and condition of compromise shall form part of decree. The appeal is disposed of in the aforesaid terms. (Vivek Singh Thakur) Judge (Sushil Kukreja) 22nd September, 2025 Judge (ms/sanjeev)