IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO( FC) No. 41 of 2025 Date of Decision: 05.12.2025 __________________________________________________ Dinesh Kumar ...Appellant… Versus Urmila Devi …..Respondent... Coram Hon'ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the appellant: Mr. Prantap Sharma, Advocate. For the respondent: Mr. Piyush Dhanotia, Advocate. _________________________________________________________ Vivek Singh Thakur , Judge (oral) This appeal has been filed by the appellant- Dinesh Kumar against the judgment and decree dated 29.03.2025, passed by learned Additional Principal Judge-II, Family Court, Una, District Una, in Case Registration No. 136 of 2019, titled Dinesh Kumar vs. Urmila Devi, whereby his petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955, for dissolution of marriage by a decree of divorce, has been dismissed. 2. During pendency of the appeal, at the request of learned counsel for the parties, the matter was referred for mediation to learned Mediator Mr. Sanjeev Kuthiala, Senior Advocate. 3. In mediation proceedings, parties have resolved the dispute and have agreed to dissolve the marriage with mutual consent subject to payment of permanent alimony and 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 maintenance amounting to Rs. 12,50,000/- and return of Ishtridhan and articles belonging to the wife by the appellant/husband to respondent/wife Urmila Devi, and respondent/wife has agreed to withdraw the cases preferred by her against the appellant/husband including proceedings under Protection of Women from Domestic Violence Act and Execution Petition. 4. Appellant/husband has deposited Rs. 12,50,000/- in the Registry of this Court. The articles belonging to the respondent/wife have been returned by the appellant/husband and have been received by Urmila Devi respondent herein. Now the proceedings pending before learned Courts below are to be closed after passing a decree of dissolution of marriage with consent. 5. The statements of the learned counsel for the parties, on the basis of instructions imparted to them by their respective clients, have also been recorded in this regard, which read as under:- “Statement of Mr. Prantap Sharma, Advocate, for the appellant. Without Oath 05.12.2025 I am representing the appellant Mr. Dinesh Kumar in present matter and I have been duly authorized to depose on behalf of the appellant. I have been instructed to communicate that during mediation, parties have agreed for dissolution of marriage with consent and for that purpose the some terms and conditions have to be performed by the parties, which have been performed and for remaining parties have agreed to act upon in such terms. Therefore, a decree for dissolution of marriage with mutual consent be passed in the present matter. 3 My aforesaid statement is in consonance with instructions imparted to me by the appellant.” “Statement of Mr. Piyush Dhanotia, Advocate, for the respondent. Without Oath 05.12.2025 I am representing the respondent-Smt. Urmila Devi in present matter and I have been duly authorized to depose on behalf of the respondent. I have been instructed to communicate that during mediation, parties have agreed for dissolution of marriage with consent and for that purpose the some terms and conditions have to be performed by the parties, which have been performed and for remaining parties have agreed to act upon in such terms. Therefore, a decree for dissolution of marriage with mutual consent be passed in the present matter. My aforesaid statement is in consonance with instructions imparted to me by the respondent.” 6. In view of the above, marriage between the parties is dissolved by way of decree of dissolution of marriage with mutual consent by treating the petition preferred by the appellant/ husband a petition filed under Section 13 B of Hindu Marriage Act. 1955 and the statements made by the learned counsel for the parties, on behalf of respective parties, shall form part of the decree. Accordingly, cases filed by the parties against each other shall also stand closed on production of copy of this judgment by either or both the parties before concerned Court. 7. The amount of alimony maintenance, deposited by the petitioner is directed to be released in favour of the respondent 4 Urmila Devi by remitting the same in her Bank account, on furnishing details thereof by her or through her counsel. 8. Decree of dissolution of marriage be prepared accordingly. 9. Before parting, we would like to record words of appreciation for learned Mediator Mr. Sanjeev Kuthiala, 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. Appeal along with pending application(s) stands disposed of on the aforesaid terms. (Vivek Singh Thakur) Judge (Romesh Verma) Judge December 05, 2025 (Nisha)