1 2025:HHC:20435 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA FAO No.678 of 2008 alongwith CMP No.13285 of 2025 Date of Decision: June 28, 2025 Sandeep Chadha ….Appellant. Versus Anita ..Respondent. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Appellant: Ms.Rinki Kashmiri, Advocate, vice Mr.Janesh Gupta, Advocate. Appellant-Sandeep Chadha, is present in person. For the Respondent: Mr.Sanjeev Kuthiala, Senior Advocate, with Ms.Amita Chandel, Advocate. Vivek Singh Thakur, J (Oral) Present appeal has been preferred by the appellant- husband under Section 28 of Hindu Marriage Act, 1955, against judgment and decree dated 30.10.2008 passed by District Judge, Kullu, H.P., in HMP No.13 of 2006, titled as Sandeep Chadha vs. Anita, whereby petition preferred by the appellant under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 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.G.D. Verma, Senior Advocate. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:20435 3. Before learned Mediator, matter has been amicably settled between the parties. As per settlement, parties have agreed to settle the dispute for `15,00,000/- payable to their son Shivansh Chadha as lump sum amount for his maintenance. Whereupon, respondent-Anita has agreed not to claim any maintenance allowance and alimony from the petitioner for herself. 4. Compromise arrived at between the parties has been reiterated in joint application CMP No.13285 of 2025 filed jointly by the parties under Order 23 Rule 3 read with Section 151 of CPC, relevant portion whereof reads as under:- “That during pendency of the appeal, the Hon’ble Court was pleased to refer the matter for the purpose of settlement before the Ld. Mediator and the parties entered into a settlement and want to compromise the matter, whereby the term of settlement are as under:- a) That both the parties agree that the allegations and counter-allegations made inter-se by them have been withdrawn and no allegations whatsoever would remain which have been alleged during the pendency of the case. b) That he appellant/applicant agrees that he would support and maintain his son namely Shivansh Chadha and a ump sum payment has agreed to pay for a sum of Rs. 15.00 lacs (Rupees Fifteen lacs) only which will be paid by way of fixed deposit made jointly in the name of Ms.Anita Chadha and Sh.Shivansh Chadha. The said fixed deposit will be made for a period of 5 years and handed over to the respondent/applicant who will ensure that the interest so derived from the fixed 3 2025:HHC:20435 deposit is used for the purpose of maintenance and study of Sh.Shivansh Chadha. c) That the said draft will be prepared by the appellant/applicant and handed over to the respondent/applicant on the next date which has given by the Ld.Mediator i.e. on or before 28.06.2025 and proof of such handing over of draft will be given to the counsel of the parties by the appellant/applicant, subsequent to which the compromise will take force. d) That the parties agree that except of amount of Rs. 15.00 lacs, no further claim will be made by either the respondent/applicant or Sh.Shivansh, which is the final amount for the past and future. e) That the parties to the lis agree that both of them are gainfully employed and as such the respondent/applicant agreed to forgo her claim for maintenance and would not make any claim on account of the fact that she is gainfully employed. f) That the parties further agree that Shivansh Chadha, son of the parties would have all rights of his father including his name except the self- earned property of the father and further that the appellant/applicant would also ensure his presence and fulfill all duties and obligations of a father towards his son Shivansh Chadha. g) That both the parties agree that no other case is pending before any court of Himachal Pradesh or elsewhere and that the present appeal be disposed of as compromised, whereby the respondent/applicant has agreed to give divorce to the appellant/applicant and as such the present appeal be allowed and the judgment of the Ld.District Judge, Kullu passed in HMP No.13/06 dated 30.10.2018 be modified and the petition preferred by the appellant/applicant be allowed and the decree of divorce be granted.” 4 2025:HHC:20435 5. Appellant and respondent are present in person. Appellant has produced copy of Term Deposit Pass Book, regarding deposit of `15,00,000/- in Post Office Bhuntar, District Kullu, H.P., with submissions that Nominee of Shivansh Chadha is his mother Anita Chadha (respondent herein). Though name of Anita has not been reflected in the Pass Book produced today, copy whereof has been placed on record by the parties, however, respondent-Anita has endorsed the submission of Sandeep Chadha that at the time of depositing the amount, both of them were present in the Post Office and in the said Term Deposit, she has been entered as Nominee of Shivansh Chadha. 6. Appellant-Sandeep Chadha, in his statement recorded in the Court, on oath, has stated as under:- “Matter has been amicably settled between us. I was married to respondent-Anita Chadha, but our relations could not remain cordial and harmonious and now we have agreed to dissolve our marriage with mutual consent as per terms and conditions. I have agreed to pay `15,00,000/- to our son Shivansh Chadha and the said amount stands deposited by me in the Post Office Bhuntar, District Kullu, H.P., in presence of respondent- Anita Chadha. Respondent-Anita Chadha has been entered as a Nominee of Shivansh Chadha in the said Term Deposit. Further that, Shivansh Chadha, our son, would have all rights, including using of my name, but without any right in my self-acquired property and I will also ensure my presence and fulfill all duties and obligations of a father wherever it is required/necessary as a father, including ritual ceremonies. 5 2025:HHC:20435 The terms and conditions have been reproduced in writing in paragraph 3 of CMP No.13285 of 2025. 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.” 7. Respondent-Anita, in her statement recorded in the Court, on oath, has stated as under:- “I have heard statement of petitioner- Sandeep Chadha. I endorse the same to be true and correct. 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.” 8. In aforesaid facts and circumstances, judgment and decree passed by the District Judge, Kullu, is set aside and marriage between the parties is dissolved with mutual consent. Statements, terms and conditions of compromise reproduced above shall form part of the decree. 9. Decree, in aforesaid terms, be prepared. 10. Appeal alongwith application CMP No.13285 of 2025 is disposed of in aforesaid terms. Pending application(s), if any, also stand disposed of. (Vivek Singh Thakur), Judge. June 28, 2025 (Purohit)