1 ( 2026:HHC:6430 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO (FC) No. 71 of 2025 Date of decision: 09.03.2026 Anil Sharma ...Appellant. Versus Seema Devi Nirmal & Anr. …Respondents. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the petitioner : M/s. Desh Raj Thakur & Bharat Bhushan, Advocates. For the respondents : Mr. Sumit Sood, Advocate, for respondent No.1. Respondent No.2 proceeded ex parte vide order dated 25.11.2025. Vivek Singh Thakur, Judge (Oral) This appeal has been preferred by the husband– appellant, Anil Sharma, against the dismissal of his petition by the Additional Principal Judge, Family Court, Paonta Sahib, District Sirmour, bearing Regd. No. 212/2018, titled ‘Anil Sharma vs. Seema Devi Nirmal & Anr.’, filed for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (in short, ‘the Act’) by way of a decree of divorce. 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 ( 2026:HHC:6430 ) 2. During the pendency of the present appeal, the matter was referred for mediation to Mr. Rajesh Kumar, leanred Mediator to explore the possibility of an amicable settlement between the parties. During the mediation proceedings, both parties agreed to dissolve their marriage by mutual consent as provided under Section 13B of the Act. The report of learned Mediator in this regard has been received stating therein that dispute has been amicably resolved between the parties. 3. Learned counsel for the parties have also endorsed the amicable settlement as instructed by their respective clients. Separate statements of learned counsel have already been recorded, which read as under: “Statement of Desh Raj Thakur, Advocate, for the appellant – Anil Sharma. Without oath 09.03.2026 Stated that I am representing the appellant - Anil Sharma —in the present matter. Apart from filing the Power of Attorney, I have also been instructed orally to depose and compromise the matter on behalf of the appellant— Anil Sharma and also to endorse the compromise of the settlement arrived at between the parties before the learned Mediator, with a request to the Court to pass an appropriate decree for dissolution of marriage in terms of the settlement arrived at between the parties. My aforesaid deposition is in consonance with the instructions imparted to me by the appellant—Anil Sharma. & 3 ( 2026:HHC:6430 ) Statement of Sumit Sood, Advocate, for respodent No.1 – Seema Devi Nirmal. Without oath 09.03.2026 Stated that I am representing resopondent No.1— Seema Devi Nirmal in the present matter. Apart from filing the Power of Attorney, I have also been instructed orally to depose and compromise the matter on behalf of respondent No.1 – Seema Devi Nirmal and also to endorse the compromise of the settlement arrived at between the parties before the learned Mediator, with a request to the Court to pass an appropriate decree for dissolution of marriage in terms of the settlement arrived at between the parties. My aforesaid deposition is in consonance with the instructions imparted to me by respondent No.1 – Seema Devi Nirmal.” 4. The terms and conditions of the settlement arrived at between the parties were reduced into writing before the learned Mediator, signed by Anil Sharma and Seema Devi Nirmal and also by their respective counsel, which read as under: “That the present case i.e. FAO (FC) No. 71 of 2025 titled Anil Sharma Vs. Seems Devi Nirmal & Anr, is referred for mediation by the Hon’ble Court vide order dated 17.12.2025 and both the parties are present today before undersigned-mediator and arrived in settlement as below:- (i) That the first party has withdrawing all the alligations made in the Dirvorce Petition against the second party. (ii) That the only son Mr. Vinit Gaur, aged 19 years will reside with the first party who will continue to help him to 4 ( 2026:HHC:6430 ) complete the degree of Btech. Computer Science and also in payment of the education loan taken for the purpose of completing the degree. (iii) That the first party will not stop Mr. Vinit Gaur to visit the house of second party at any time in future. (iv) That the first party will deposit a sum of Rs.50,000/- (Fifty Thousand Only) in FDR in favour of his son Mr. Vinit Gaur and Mr. Vinit Gaur will not withdraw the above amount till he is not completed the degree or neither the first party will use that amount or withdraw that amount for any purpose. (v) That the pending alimony/rent awarded by learned Trial Court is paid by the first party to the scond party today through Google Pay i.e. Rs.12,000/- (Twelve Thousand Only) and second party will not claim any alimony/rent in future. (vi) That the second party will withdraw the cases, if any, pending before any other Court(s). (vii) That the second party has no objection, if the petition mentioned above, i.e., FAO (FC) No.71 of 2025, titled Anil Sharma Vs. Seema Devi Nirmal & Anr, will be decided by the Hon’ble Court in view of the above settlement and she will not claim any maintenance alimony in future. (viii) That both the party will not file any future litigation in future again each other’s. (ix) That both the parties have muttuall agreed to institute joint petition for mutual divorce in the Court of Competent Jurisdiction within 10 days. (x) That after getting the decree of mutual divorce before the learned trial Court the first party will withdraw the present petition. The contents of settlment deed have been read over and explained by their learned counsels to the parties which they have understood and after admitting the same to be 5 ( 2026:HHC:6430 ) correct have appended their signatures today on 28.02.2026, in the Main Mediation Centre High Court of H.P., in the presence of their learned counsels and undersigned-mediator.” 5. The crux of the settlement arrived at between the parties is that the appellant - Anil Sharma has withdrawn all allegations levelled against respondent No.1 - Seema Devi Nirmal in the divorce petition preferred by him before the Family Court, Paonta Sahib, District Sirmour, H.P. and the parties have agreed for dissolution of their marriage by mutual consent without levelling any allegations against each other, as provided under Section 13B of the Act. 6. As prayed for by learned counsel on behalf of the parties, present appeal is decided in terms of the aforesaid settlements with a direction to the parties to abide by the terms and conditions, including the conditions with respect to the upbringing, maintenance and staying of son of the couple, namely, Vinit Gaur. 7. Accordingly, the present appeal is disposed of in terms of the settlement arrived at between the parties and the petition preferred by them before the Family Court, Paonta Sahib, District Sirmour, H.P. is treated to have been filed as a petition under Section 13B of the Act for dissolution of marriage by mutual consent and the marriage between Anil Sharma and Seema Devi Nirmal is ordered to 6 ( 2026:HHC:6430 ) be dissolved by way of a decree of dissolution of marriage by mutual consent with immediate effect. 8. Terms and Conditions of the settlement recorded before learned Mediator, reproduced hereinabove, shall form part of the decree. 9. Before parting, we would like to record words of appreciation for learned Mediator Mr. Rajesh Kumar, Advocate/Mediator for his earnest efforts for materializing settlement and also for learned counsel and parties whose active cooperation has resulted into happy ending of litigation. 10. The appeal is disposed of in the aforesaid terms. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge. 09th March, 2026 (Shamsh Tabrez)