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2025 DAILYLAW 31335 (HP)

SHIVANI v. ANUBHAV RANA

Cr.Rev.(FC)/8/2024 · 2025-05-07

Romesh Verma, Vivek Singh Thakur

body2025

Judgment text

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Shivani vs. Anubhav Rana alongwith connected matter Cr. R. (FC) No. 8 of 2024 alongwith Cr. R. (FC) No. 9 of 2024 Cr. R. (FC) No. 8 of 2024 01.01.2026 Present:Ms. Heena Chauhan, Advocate, for the petitioner. Mr. Ramakant Sharma, Advocate, for the respondent. Cr. Revision No. 09 of 2024 Mr. Ramakant Sharma, Advocate, for the petitioner. Ms. Heena Chauhan, Advocate, for the respondent. Cr.MP No. 1944 of 2025 in Cr. Revision No. 09 of 2024 Main petition was decided on 07.05.2025, as parties had agreed to a one-time settlement for the payment of Rs.8,00,000/- payable by the husband to the wife. Learned counsel for the husband-Anubhav Rana has submitted that entire amount of Rs. 8,00,000/- has been paid by the husband to the wife and in view of the settlement in the present petition, all cases, including the petition filed for dissolution of marriage by the wife, the Execution Petition filed for maintenance under Section 125 of the Cr.P.C, and petition/complaint under the Protection of Women from Domestic Violence Act, 2005 (D.V.Act) are to be closed in terms of compromise. Learned counsel for the wife submits that a one- time settlement of the maintenance amount means that parties have agreed on the quantum of permanent alimony and such alimony, is determined at the time of dissolution of marriage. Therefore, the husband-Anubhav Rana, should come forward before the Family Court to give his consent for dissolution of marriage in the petition filed for divorce by the wife, Shivani. She further submits that in case husband-Anubhav Rana communicates his consent for dissolution of marriage, then the wife-Shivani, shall withdraw the Execution Petition as well as the complaint filed under the D.V.Act, 2005. Learned counsel for husband-Anubhav Rana, under instructions, acceded to the submission made by learned counsel for Shivani-wife. It has been said that next date in Family Court in Divorce Petition has been fixed in March, 2026. For request made by learned counsel for the parties, the date is directed to be preponed for 15.01.2026. In view of the above, the parties are directed to remain present before the concerned Family Court on 15.01.2026 in the petition filed by wife for dissolution of marriage. In view of the compromise arrived between the parties, aforesaid petition filed by the wife shall be treated as a petition filed by both the parties for dissolution of marriage by mutual consent under Section 13(B) of Hindu Marriage Act, 2025 and an appropriate decree for dissolution of marriage shall be passed by the Family Court. On failure in appearing by husband before Family Court, the Family Court shall proceed further to decide the petition for dissolution of marriage in aforesaid terms. Thereafter, both or either party shall produce downloaded copy of this order as well as decree of dissolution of marriage in the Execution Proceedings/ proceedings related to Section 125 Cr.P.C. as well as D.V.Act, and on production of such copy, those proceedings shall also be closed. No further order is required to be passed in this petition, and petition is closed accordingly. For presence of the parties before the concerned Family Court, no fresh notices shall be issued, and failure on the part of the either party to appear shall be followed by adverse order. (Vivek Singh Thakur) Judge (Romesh Verma) Judge January 1, 2026 (Nisha)