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2025 DAILYLAW 21198 (HP)

RAJEEV KUMAR v. SONIKA SHARMA

FAO(FC)/43/2024 · 2025-01-09

Rakesh Kainthla, Tarlok Singh Chauhan

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO (FC) No. 43 of 2024 Date of Decision : 09.01.2025 Rajeev Kumar …… Appellant. Versus Sonika Sharma ……Respondent Coram: The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge The Hon’ble Mr. Justice Rakesh Kainthla, Judge Whether approved for reporting?1 No For the Petitioner : Mr. Ashok K.Tyagi, Advocate. For the Respondents : Mr. Kunal Thakur, Advocate. Tarlok Singh Chauhan, Judge (oral) It is heartening to note that with the proactive role played by Shri Aman Sood, Advocate and a trained Mediator of this Court, the parties have been able to bring out a compromise between themselves, on the following terms and conditions, as set out in the compromise deed, which read as under: “It has been agreed that by making a lump sum payment of Rs.8,00,000/- (Eight Lacs), to Smt. Sonika Sharma, the parties will be separating their ways by way of decree of divorce. Shri Rajeev kumar-husband today has made a payment of Rs.1,00,000/- (One lac.) by way of online transfer and balance payment of Rs.7,00,000/- (Seven Lacs) is being made by way of account payee cheque Nos.148037 of Rs.3,50,000/- (Three lacs Fifty Thousand only) & 148038 of Rs.3,50,000/- (Three 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 lacs Fifty Thousand only) dated 08.01.2025 of State Bank of India, Branch at Sangrah, District Sirmour (H.P.). Shri Rajeev Kumar undertakes and states that the cheque are good for payment and are realizable. In case the cheque bounces for any reasons, Shri Rajeev Kumar shall be liable for Contempt of this Hon’ble Court. That with the payment of Rs.8,00,000/- (Eight Lacs) all claims of Smt. Sonika Sharma with respect to her alimony, maintenance etc., shall stands settled. It has also been agreed that in future Smt. Sonika Sharma (wife) shall not be claiming any right, title or interest vis-à-vis the properties of Shri Rajeev Kumar (husband). In the similar manner Shri Rajeev Kumar-husband shall also be not claiming any right, title or interest with respect of assets and properties of Smt. Sonika Sharma-wife. That both the parties have agreed to withdraw their respective cases filed by them against each other. Civil Suit No.326 of 2021 titled sonika Sharma vs. Rajeev Kumar pending before the Court of learned Senior Civil Judge at Nahan, presently fixed for 11th March, 2025 shall be withdrawn by Smt. Sonika Sharma and Shri Rajeev Kumar will be withdrawing Criminal Miscellaneous Application No. 706 of 2024 titled Rajeev kumar vs. Sonika Sharma pending before the Court of learned Additional District & bSessions Judge, Nahan presently fixed for 27.02.2025. That after withdrawal of above mentioned Civil and Criminal Miscellaneous Application all the litigation between the husband and wife aforementioned will come to an end and 3 none of the parties shall be instituting any proceedings in future. That the husband-Shri Rajeev Kumar withdraws all the allegations which have been raised in Divorce Petition bearing No.128-N/3 of 2020 against Smt. Sonika Sharma. Smt. Sonika Sharma withdraw all allegations made in Civil Suit No.326 of 2021 mentioned above.” 2. The parties are present in the Court today and have been duly identified, by their respective counsel. Since, the matter stands compromised between the parties, whereby the parties have decided to part ways, therefore, the judgment and decree in HMA Petition No. 128-N/3 of 2020 decided on 18.07.2024 passed by learned Additional Principal Judge, Family Court, Nahan, District Sirmaur, H.P. is modified by passing a decree of divorce on the terms and conditions settled in the compromise. 3. The Mediation Report dated 08.01.2025 shall form part of the decree. 4. The present appeal is disposed of in the aforesaid terms along with pending application, if any. ( Tarlok Singh Chauhan ) Judge ( Rakesh Kainthla) Judge 9th January, 2025. (ravinder/pathania)