Extracted from the PDF above. The PDF is authoritative.
2026:HHC:14706
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
FAO (FC) No.05 of 2025 Decided on: 05.05.2026. ________________________________________________________
Mast Ram
...Appellant Versus
Suman
...Respondent Coram
Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge
1Whether approved for reporting?.
For the appellant:
Ms. Madhurika Sekhon,
Advocate.
For the respondent: Mr. Vinod Chauhan,
Advocate.
Vivek Singh Thakur, Judge [Oral]
This appeal has been preferred by the husband–appellant, Mast Ram, against the dismissal of his petition by the Principal Judge, Family Court, Sirmaur, District at Nahan, in H.M. Petition No.222- HMA/3 of 2022, titled ‘Mast Ram v. Suman’, 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, vide
judgment dated
09.12.2024.
2.
During the pendency of the present appeal, the matter was referred to mediation; however, no
1 Whether reporters of Local Papers may be allowed to see the judgment?
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- 2 - amicable settlement could be arrived at between the parties and matter was again taken up for
consideration on merits. Thereafter, parties again entered into dialogue with each other and arrived at an amicable settlement, which was reduced into writing on 10.03.2026 in presence of witnesses as well as learned counsel representing the parties, and was duly notarized by a Notary at the Himachal Pradesh High Court, Shimla on the same day. 3. The aforesaid compromise was placed on record and statement of appellant was recorded on oath on 16.03.2026, which reads as under:-
“Statement of Shri Mast Ram [Appellant] aged about 32 years, S/o Shri Singa Ram, R/o Village Ajroli, P.O. Koti Bounch, Tehsil Shillai, District Sirmour, H.P. presently residing at Flat No.481, ECO City-I, New Chandigarh and working at PGIMER, Chandigarh. On Oath
16.03.2026. My marriage with the respondent [Suman] was solemnized on 02.11.2017 according to Hindu rites and rituals. After the marriage, we could not maintain cordial relations and have been living separately for a long time. I had filed a petition for dissolution of marriage before the learned Principal Judge, Family Court, Sirmour, District at Nahan, which was dismissed on 09.12.2024. Thereafter, I filed present appeal. During the pendency of the appeal,
2026:HHC:14706
- 3 - the matter was referred to mediation; however, no amicable settlement could be arrived at between us. Thereafter, we again made efforts to resolve the dispute and the matter has now been amicably settled in terms of a compromise reduced into writing on 10.03.2026, which has been placed on record in original. The original compromise is Exhibit C/I. I have gone through the terms contained in the compromise deed and confirm the same to be true and correct. In terms of the compromise, we have agreed for dissolution of marriage with an amicable settlement. I have undertaken to pay a sum of Rs.20,00,000/- [Rupees Twenty Lakh] to the respondent as permanent alimony and also to transfer a piece of land measuring 150-40 square meters about (three and a half Biswa) situated at Up-Mohal Taruwala, Patwar Circule Taruwala, Teshil Paonta Sahib, District Sirmour, H.P. comprised in Khewat Khatauni No.412/890, Khasra No.1238/6, which presently is in the name of my real uncle Shri Sukh Ram S/o Mohi Ram. I shall arrange the transfer of the said land, either by way of sale deed/gift deed or any other appropriate mode, free from all encumbrances. I will try to comply with terms before 16.04.2026.
The respondent has agreed to dissolution of marriage on the aforesaid terms. The compromise deed has been signed by me [Mast Ram] as well as respondent [Suman] in the presence of witnesses. The above statement is made by me out of my free will and consent, without any coercion or
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- 4 - undue pressure from any quarter.”
4. On 16.03.2026, respondent-Suman was not present. She appeared before this Court on 16.04.2026, and on that day, her statement was also recorded on oath, which reads as under:-
“Statement of Ms. Suman [Respondent] aged about 32 years, W/o Shri Mast Ram, R/o Village Jasvi, P.O. Koti Bounch, Tehsil Shillai, District Sirmour, H.P.
On Oath
16.04.2026. My marriage with the appellant [Mast Ram] was solemnized on 02.11.2017 according to Hindu rites and rituals. After the marriage, we could not maintain cordial relations and have been living separately for a long time. Appellant had filed a petition for dissolution of marriage before the learned Principal Judge, Family Court, Sirmour, District at Nahan, which was dismissed on
09.12.2024. Thereafter, present appeal has been preferred. During the pendency of the appeal, the matter was referred to mediation; however, no amicable settlement could be arrived at between us. Thereafter, we again made efforts to resolve the dispute and the matter has now been amicably settled in terms of a compromise reduced into writing on 10.03.2026, which has been placed on record in original. The original compromise is Exhibit C/I. I have gone through the terms contained in the compromise deed Exhibit C/I and confirm the same to be true and correct. In terms of the compromise, we have agreed for dissolution of
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- 5 - marriage with an amicable settlement. Appellant Mast Ram as undertaken by him, has paid a sum of Rs.20,00,000/- [Rupees Twenty Lakh] to me as permanent alimony and has also managed to transfer a plot through Gift Deed as agreed, however, mutation in this regard is yet to be attested. Therefore, matter be adjourned thereafter to wait for attestation of mutation and thereafter marriage between us be dissolved in terms of compromise. I have agreed to dissolution of marriage on the aforesaid terms.
The compromise deed has been signed by appellant [Mast Ram] as well as me [Suman] in the presence of witnesses. The above statement is made by me out of my free will and consent, without any coercion or undue pressure from any quarter.”
5. Appellant and respondent in their respective statements have endorsed the compromise, which has been exhibited as Ext.C/I, arrived at between them along with terms and conditions contained therein. 6. In terms of compromise, appellant had agreed to pay Rs.20,00,000/- [Rupees Twenty Lakh] and respondent had agreed to receive the said amount. The appellant had also undertaken to transfer a piece of land in favour of the respondent. Now
learned counsel for the parties, under
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- 6 - instructions, have informed that terms and conditions of the contract stand complied with and the amount of Rs.20,00,000/- [Rupees Twenty Lakh] has been paid by the appellant and received by the respondent; and land comprised in Khasra No.1238/6, measuring 150-40 sq. mtrs., has been gifted by Sukh Ram S/o Mohi Ram in favour of respondent-Suman and mutation in this regard has also been attested vide Mutation No.2774, dated 23.04.2026, by the Tehsildar Paonta Sahib, District Sirmour, H.P.
7.
In view of the aforesaid statements and in terms of compromise, 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, Sirmaur, District at Nahan, H.P. is treated to have been filed as a petition under Section 13-B of the Act for dissolution of marriage by mutual consent and the marriage between Mast Ram and Suman, is ordered to be dissolved by way of a decree of dissolution of marriage by mutual consent with immediate effect.
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- 7 -
8.
The impugned judgment and decree are set-aside and decree of dissolution of marriage is granted in aforesaid terms.
9.
The compromise deed Ext.C/I and statements of the parties shall form part of the decree.
10. Pending miscellaneous application(s), if any, also stands disposed of.
(Vivek Singh Thakur)
Judge
(Ranjan Sharma)
Judge May 05, 2026
[Shivender]