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2025 DAILYLAW 31360 (HP)

Kanwar Pranav Singh v. Dr. Shalmali

FAO(FC)/20/2025 · 2025-07-21

Sushil Kukreja, Vivek Singh Thakur

body2025

Judgment text

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1 2025:HHC:23624 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA FAO (FC) No.20 of 2025 Date of Decision: July 21, 2025 Kanwar Pranav Singh ….Appellant. Versus Dr.Shalmali ..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: Mr.Tek Chand Sharma, Advocate. Appellant-Kanwar Pranav Singh, is present in person. For the Respondent: Mr.Jai Ram Sharma, Advocate. Respondent-Dr.Shalmali, is present in person. Vivek Singh Thakur, J (Oral) Present appeal has been preferred by the appellant- husband under Section 19(1) of Family Courts Act, 1984, against judgment and decree dated 05.10.2024 passed by Principal Judge, Family Court, Mandi, District Mandi, H.P., in HMA Reg.No.04 of 2019, titled as Kanwar Pranav Singh vs. Dr.Shalmali, whereby petition preferred by the appellant under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce, has been dismissed. 2. During pendency of appeal, parties intended to resolve the dispute amicably and, therefore, matter was referred for mediation to Mr.Naresh K. Sood, Senior Advocate. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:23624 3. Learned Mediator has submitted his report alongwith record of mediation proceedings. Before learned Mediator, matter has been amicably settled between the parties and terms of the same have been reduced into writing. Record of mediation, including ‘Terms of Settlement’ and ‘Report of learned Mediator’ is also made part of present appeal. As per terms of the compromise appellant has deposited `17,00,000/- in favour of his daughter in Post Office, Palampur, District Kangra, H.P., and has also paid `8,00,000/- to the respondent. 4. Appellant and respondent are present in person. 5. Appellant-Kanwar Pranav Singh, in his statement recorded in the Court, on oath, has stated as under:- “My marriage was solemnized with respondent on 29.06.2012 according to Hindu rites and rituals. Out of the said wedlock we have one daughter namely Shreepriya, who is 11 years old. We could not maintain our relations cordial and, resultantly I had filed a petition for dissolution of marriage, which was dismissed by the Family Court and same has been assailed by me by filing present appeal. During pendency of present appeal, matter has been amicably settled between us before learned Mediator. Terms of the settlement have been reduced into writing before learned Mediator which are Ex.C-1. Compromise has been signed by me, respondent and our Advocates. I endorse my signatures thereon to be true and correct. I have gone through the same, which is true and correct. I have complied with terms of the compromise by depositing `17,00,000/- in favour of my daughter in Post Office, Palampur, District Kangra, H.P., and by paying `8,00,000/- to the respondent. As per mutual agreement, we have agreed to dissolve the marriage and, therefore, present appeal be decided in terms of compromise. I am deposing in this Court, out of my free will, consent and without any external pressure, coercion or threat of any kind and pray that our marriage be dissolved with mutual consent.” 3 2025:HHC:23624 6. Respondent-Dr.Shalmali, in her statement recorded in the Court, on oath, has stated as under:- “I have heard statement of appellant-Kanwar Pranav Singh. I endorse the same to be true and correct. I also endorse my signatures on Compromise. I pray for dissolution of marriage with consent. I am deposing in this Court, out of my free will, consent and without any external pressure, coercion or threat of any kind.” 7. In aforesaid facts and circumstances, judgment and decree passed by the Principal Judge, Family Court, Mandi, is set aside and marriage between the parties is dissolved with mutual consent. Statements, terms and conditions of compromise Ex.C-1 shall form part of the decree. 8. Before parting, we would like to record words of appreciation for learned Mediator Mr. Naresh K. Sood, 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. 9. Decree, in aforesaid terms, be prepared. 10. Appeal is disposed of in aforesaid terms, so also pending application(s), if any. (Vivek Singh Thakur), Judge. (Sushil Kukreja) Judge. July 21, 2025 (Purohit)