1 2025:HHC:37868 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMP(M) No. 1140 of 2025 a/w FAO (FC) No.85 of 2025 Date of decision: 10.11.2025. ________________________________________________________ Badal Jamnan …..Appellant Versus Neha Thakur …Respondent ________________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 ________________________________________________________ For the Appellant: Mr. Shivalik Bhaik, Proxy Counsel. For the Respondent: Respondent in person with Mr. Tarun Brakta, Proxy Counel. G.S. Sandhawalia , Chief Justice (Oral) The Respondent is present in person, however, the learned Counsel for the parties are abstaining from putting appearance before the Court, on account of unfortunate death of Mr. Ankush Walia, Advocate. 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 2. Keeping in view the earlier order dated 08.10.2025, the Mediator-Mr. Dilip Sharma, learned Senior Advocate, has given his report dated 31.10.2025, whereby compromise, has been arrived at between the parties, keeping in view the fact that there is a child born out of the marriage. 3. Perusal of the Compromise would go on to show that the parties have resolved that the present appellant would withdraw the present appeal which has been filed challenging the order dated 29.03.2025, passed by the Family Count in HMA Reg. No. 316 of 2021, granting divorce in favour of the respondent. 4. Relevant terms of the Compromise, read as under:- “TERMS OF COMPROMISE 1. CUSTODY AND VISITATION RIGHTS OF THE MINOR CHILD a. The primary physical custody of the minor son,Vansham Jamnan, shall remain with the Second Party (Wife). b. The Parties shall have Joint Legal Custody, meaning both parents shall consult and mutually agree upon all major decisions 3 concerning the child's education, health, and welfare. It is agreed between the parties that both will have equal financial contribution for this. c. Visitation/Access (Husband): The First Party (Husband) shall have physical access to the minor child on the following schedule: 1. The Husband shall be entitled to take the child from the wife/second party with him on every Saturday after school hours and he will return back the child on next day i.e. Sunday till 5 p.m. But during the period of examination of the child, the child shall remain at Mother's house for his studies. II. The husband shall take the child with him at the time of family functions. III. That the Husband will be entitled to talk with the Child over Phone as and when required, and the second party/ wife will not object/restrain for this. IV. The Husband shall be responsible for the pick-up and drop-off of the child for the purpose of visitation. V. That in case the wife/second party will change her address or shift to some other place or changes her mobile number, in such eventuality she will properly intimate to the First Party/Husband. 4 2. WITHDRAWAL OF COMPLAINTS/CASES (WIFE'S UNDERTAKING) a. The Second Party (Wife) hereby agrees and undertakes to unconditionally withdraw and/or render assistance to the First Party in quashing ALL other cases, complaints, and legal proceedings filed by her against the First Party (Husband) or his family members which is Domestic Violence case titled Neha Thakur versus Badal Jamna Pending before Ld. CJM vide case No. DV Act. 42/2021, DIVORCE AND WITHDRAWAL OF APPEAL (HUSBAND'S UNDERTAKING) a. The First Party (Husband) hereby agrees and undertakes to withdraw the High Court Appeal bearing FAO. F.F. ST No. 27426/2025. unconditionally. b. Second case tiled Badal Jamnan versus Neha Thakur Vide case No. 21/2022 pending Before Ld. Family Court Shimla. b. The First Party shall make a statement before the Ld. Mediator Hon'ble High Court confirming that he has accepted the Judgment and Decree dated HMA No 316/2021 passed by the Trial Court, and shall allow the Decree of Divorce to operate, thereby dissolving the marriage between the Parties. INTERDEPENDENCE OF TERMS The obligations and undertakings of both Parties under this Compromise Deed are mutual and interdependent. Breach of any term by one Party shall entitle the other Party 5 to seek all legal remedies available under law, including revival of the withdrawn proceedings. FINANCIALS AND DECLARATION The parties declare that there are no pending claims for permanent alimony or maintenance against each other, and all claims are foreclosed by this Deed. The Parties declare that they have entered into this Compromise Deed voluntarily, without any coercion, undue influence, or fraud, and have received independent legal advice.” 5 Resultantly, the present appeal has been refendered infructuous and is disposed of accordingly, binding the parties to the terms of the Compromise. All pending application(s), if any, including the application for condonation of delay, also stands disposed of. (G.S. Sandhawalia) Chief Justice. November 10, 2025 (Jiya Lal Bhardwaj) (hemlata) Judge.