Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 22650 (HP)

BHUPINDER SINGH S/o Sh. Jaram Singh v. MINAKSHI BHARDWAJ W/o Sh. Bhupinder Singh

FAO(FC)/1/2025 · 2025-09-11

Sushil Kukreja, Vivek Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:HHC:31353 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. FAO (FC) No. 1 of 2025 Decided on: 11th September, 2025 Bhupinder Singh .......Appellant versus Minakshi Bhardwaj ...Respondent Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 For the appellant: Appellant in person with Mr.Nitin Rishi and Mr. Khem Raj, Advocates. For the respondent: Respondent in person with Mr.Surender K. Sharma, Advocate. Vivek Singh Thakur, Judge (Oral) The present appeal has been preferred against order dated 06.07.2024 passed by the Principal Judge, Family Court, Chamba in an application preferred by the respondent under Section 24 of the Hindu Marriage Act, 1955, in proceedings preferred by the husband Bhupinder Singh under Section 13 of Hindu Marriage Act for dissolution of marriage, pending adjudication before the Family Court, Chamba. 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. ( 2025:HHC:31353 ) 2 2. During pendency of the present appeal, parties had agreed for exploring the possibility of dispute through mediation and accordingly the matter was referred for mediation. 3. As per report of the Mediator as also submitted by learned counsel for the parties as well as parties, who are present in the Court, the matter between the parties has been settled amicably, in terms of compromise deed reduced into writing and signed by the parties in presence of witnesses which has also been signed by learned counsel representing the parties. The terms and conditions of the same read as under:- 1. That both parties have mutually agreed for the decree the divorce to be granted in their favour by the competent Court of Jurisdiction and further agreed to live separately and will not interfere in each other’s lives in future. 2. That in accordance the mediation proceedings the second party has agreed to withdraw all the proceedings arising out of matrimonial disputes in different Courts of competent jurisdiction details of which are given as follows in the tabular forms: Sr. No Name of the Court Type of Proceedings Case No 1 District and Session Judge Chamba, District Chamba, H.P. Section 125Cr.P.C and Interim maintenance Application 53/2023 Cr.MA No492/2023 2 Chief Judicial Magistrate Chamba District Chamba H.P Domestic Violence Act 30/2023 ( 2025:HHC:31353 ) 3 3. That pursuant to successful mediation proceedings the first part has agreed to pay a sum of Rs. 11,00,000/- (Eleven Lakhs) to second party towards full and final settlement of all her claims including past, present and future maintenance, along with permanent alimony, istridhan, dowry articles or any other demand. Further, the First party undertakes that the agreed amount to the tune of rupees Eleven Lakhs has been deposited with the Registry of Hon’ble High Court by way of Demand Draft No. 171211003 prepared on dated 11.09.2025 and first party shall not have any objection if the said amount be released in favour of second party. 4. That the second party undertakes that she shall withdraw all the proceedings arising out of matrimonial disputes in different Courts of competent jurisdiction as referred in the tabular form in para No. 2 of the terms and conditions of this compromise deed any other proceedings arising out of matrimonial dispute and she will get the agreed amount released in her favour from the registry of this Hon’ble High Court. 5. That the first party agree with the second party that the custody of the minor child Aayansh Thakur shall remain with the second party as mutually agreed by them before the mediator. Further, the Second party undertakes that she will allow the First Party to have to allow visitation to the Second Party keeping in view the convenience of the minor child. Further second party undertakes that she will not object in case the first party wants the child to accompanying him for any visit, vacation or any other purpose and for the above mentioned reason second party will allow the custody of the child to the first party for the stipulated time period. 6. That the both the parties agrees that welfare of the child will remain Paramount to both the parties and keeping in view the future perspective of the child with respect to studies and for any other welfare purpose of the child both the parties undertakes to the above conditions. ( 2025:HHC:31353 ) 4 7. That the First Party as accordance to the mediation proceedings undertakes to pay a monthly maintenance to the tune of Rs 2000/-per month towards the minor child till he attain the age of majority further both the parties undertakes that the other expenses such as medical, Educational, any other expenses of the child shall be borne by both the parties in proportion to their respective incomes. 8. That the Second Party undertakes that apart from the above settlement and child maintenance, she shall not raise any further claim against the Second Party or his family members in respect of maintenance, alimony, istridhan or any other demand, before any Court or authority. 9. That this compromise is entered into voluntarily, without any pressure, coercion or undue influence, and both parties are satisfied with the terms of settlement.” 4. The compromise is taken on record as Ext.C-1. 5. The statement of the parties recorded, on oath, reads as under:- “We have resolved the dispute in mediation proceedings, the terms of compromise reduced into writing as well as our this statement being recorded in the Court. We endorse the same to be true and correct and also endorse our signatures thereon. So far as the monthly maintenance to the minor child is concerned, that will be subject to alteration/modification as per the requirements, according to the needs of the child and the capability and capacity of both the parties, with mutual consent/understanding and in case of any difference, the issue will be resolved by approaching the competent Court. As per compromise, the proceedings preferred by us against each other shall be disposed of in aforesaid terms including the petition filed for dissolution of marriage. The remaining proceedings/cases shall stand closed, in terms of ( 2025:HHC:31353 ) 5 the compromise on production of a copy of order by us or either of us before the concerned Court. We have entered into compromise out of our free will, consent and without any threat, coercion or pressure of any kind.” 6. In their joint statement recorded on oath, the parties have endorsed the terms and conditions of the compromise with further submission that monthly maintenance payable @Rs.2,000/- per month apart from the medical and educational expenses, which shall be borne by both the parties in proportion to their respective income, towards the minor child, which shall be subject to alteration/modification either with mutual consent of the parties or by the order passed by the competent Court as and when it would be required to be altered or modified. 7. In terms of the compromise, Rs.11,00,000/- (Rupees eleven lac) stands deposited in the Registry of this Court, which shall be released in favour of the respondent, by remitting the same to her bank Account No.20210101358, IFSC Code HPSC0000202 H.P. State Co-operative Bank, Sundla, District Chamba, H.P. 8. In terms of the compromise, the Presiding Judge, Family Court shall pass appropriate decree for dissolution of divorce with mutual consent of the parties in the proceedings ( 2025:HHC:31353 ) 6 pending before him for adjudication on production of a copy of this order. It is made clear that before passing such decree, no further adjudication would be necessary as the parties have mutually agreed to dissolve the marriage. 9. The remaining proceedings/cases shall stand closed, in terms of the compromise on production of a copy of order by us or either of us before the concerned Court. 10. In view of above, the present appeal is disposed of in terms of the aforesaid compromise placed on record as Ext.C-1 as well as in terms of the statements of the parties recorded on oath. 11. Before parting, we would like to record words of appreciation for learned Mediator Mr. G.D. Verma, Senior Advocate for his earnest efforts for materializing settlement and also for learned counsel and parties whose active cooperation has resulted into happy ending of litigation. 12. Pending applications, if any, also stand disposed of. ( Vivek Singh Thakur ) Judge September 11, 2025 ( Sushil Kukreja ) (naveen) Judge