JUDGMENT Vivek Singh Thakur, J. (Oral) - Marriage between petitioner Surjeet Singh and respondent Babita Devi was solemnized on 30.11.2008 in Village Gouta, P.O. Ukhali, Tehsil and District Hamirpur, Himachal Pradesh as per Hindu rites and customs. But thereafter, due to difference of opinion, their relations were not cordial, which led to filing of a petition for divorce by petitioner Surjeet Singh under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), on certain grounds, which are not relevant to be discussed in this judgment, as now parties have agreed for dissolution of their marriage on the basis of mutual consent arrived at between them during mediation, on account of impressive persuasion of learned Mediator Mr.S.C. Sharma, Senior Advocate, with active and positive attitude of learned counsel representing the parties. 2. The settlement as reported by learned Mediator is as under:- "After having deliberation between the parties for a considerable period, it is revealed that parties have been residing separately for the last so many years and the matrimonial ties of the parties have virtually come to an end. Today both the parties have agreed voluntarily without any undue influence to dissolve their marriage under Section 13 of the Hindu Marriage Act, 1955. The respondent Smt. Babita Devi is having no objection, in case the appeal filed by the appellant is allowed. The appellant has undertaken to pay a sum of Rs. 9,50,000/- (Nine Lac Fifty Thousand Only) permanent alimony being as full and final settlement for dissolution of the marriage. He has further undertaken to pay a sum of Rs.6 lac to the respondent on or before 9 th of August, 2019 through demand draft. He has further undertaken to pay the balance amount in the sum of Rs. 3,50,000/- on or before 10 th of July, 2020. The statements made by the appellant as well as the respondent will remain as a part and parcel of the mediation proceedings vide annexure - CI. The statements have also been signed by the learned Advocates of the respective parties alongwith their fathers. All the litigation pending inter-se between the parties have come to an end. The respondent will not be having any right in what so ever manner for any claim arising out of this marriage in future. The statements have also been signed by the learned Advocates of the respective parties alongwith their fathers. All the litigation pending inter-se between the parties have come to an end. The respondent will not be having any right in what so ever manner for any claim arising out of this marriage in future. The act and conduct of both the learned Advocates are highly appreciated and the conduct of the parties is also highly appreciated. The mediation is successful. Let, the case be placed before Hon'ble Court for passing an appropriate order." 3. After mediation proceedings, case was listed in Court on 27.08.2019, on which date petitioner Surjeet Singh as well as respondent Babita Devi were present, who were duly identified by their respective learned counsel and in consonance with settlement arrived at between them before learned Mediator, they had also deposed on oath in the Court. 4. In his statement petitioner Surjeet Singh has stated that respondent Babita Devi was married to him on 30.11.2008 as per Hindu rites and customs, however because of differences arisen between them, on account of which they are residing separately since 28.03.2011. He has further stated that he had filed petition for divorce, which was not accepted by learned District Judge and the judgment passed by learned District Judge has been assailed by him in the present matter and during pendency of the same, matter was referred for mediation, where they have arrived at a mutual agreement to dissolve their marriage subject to payment of Rs. 9,50,000/- by him to respondent Babita Devi in lieu of permanent alimony and all other claims accruing in favour of respondent Babita Devi on account of solemnization of marriage with her and after payment of said amount she will have no claim of any kind in lieu of maintenance or any other right accruing on the basis of marriage. He has further stated that an amount of Rs. 6,00,000/- out of Rs. 9,50,000/- was to be paid on or before 09.08.2019 through Demand Draft, but he had made the payment of the same through his father by handing over a cheque, issued by his father, amounting to Rs. 6,00,000/- bearing No.537067 of State Bank of India, Bilaspur on last date of hearing i.e. 19.08.2019. 6,00,000/- out of Rs. 9,50,000/- was to be paid on or before 09.08.2019 through Demand Draft, but he had made the payment of the same through his father by handing over a cheque, issued by his father, amounting to Rs. 6,00,000/- bearing No.537067 of State Bank of India, Bilaspur on last date of hearing i.e. 19.08.2019. He has further stated that he and his father have ensured the sufficiency of funds in the account against which the said cheque has been issued, so as to avoid dishonouring of the same and for remaining amount of Rs. 3,50,000/- to be paid on or before 10.07.2020, he will be issuing the post-dated cheque dated 01.07.2020 in favour of respondent Babita Devi and in case he would be able to manage sufficient funds for payment of the remaining amount earlier to that, he shall make payment of the said amount at any date before 10.07.2020, on receiving back the cheque dated 01.07.2020 issued by him for payment of the same and in such eventuality, respondent Babita Devi would not be entitled to present the cheque dated 01.07.2020 for encashment. He has further stated that as per compromise, all pending Court cases between them shall be closed as compromised and in future neither he nor respondent Babita Devi shall be entitled to raise any dispute arising out of their marriage and in failure to make payment of entire amount of permanent alimony, besides other legal consequences, he shall also be liable for punishment for contempt of Court and that marriage between him and respondent Babita Devi shall be dissolved immediately after payment of entire amount of permanent alimony i.e. total permanent alimony amounting to Rs. 9,50,000/-. He has further stated that he would manage handing over of the post dated cheque to respondent Babita Devi of the remaining amount through his learned counsel on 29.08.2019 as on the said date he had not brought the cheque book. He has further stated that they have also agreed for passing of the divorce decree on or before 10.07.2020 when payment and receipt of entire alimony amounting to Rs. 9,50,000/- shall be complete and in case the payment is made earlier to 10.07.2020, they will be entitled for divorce decree for dissolution of their marriage on such date when the payment of complete permanent alimony amounting to Rs. 9,50,000/- shall be complete and in case the payment is made earlier to 10.07.2020, they will be entitled for divorce decree for dissolution of their marriage on such date when the payment of complete permanent alimony amounting to Rs. 9,50,000/- will be over and they will be entitled to remarry only thereafter. He has further stated that he has entered into the compromise before the learned Mediator and has deposed in this Court out of his free will, consent and without any external pressure, coercion or threat of any kind. 5. In her statement, respondent Babita Devi, endorsing the statement of Surjeet Singh, has further stated that she has presented the cheque bearing No.537067 issued to her for part payment against permanent alimony worth Rs. 6,00,000/-, however payment has not been remitted to her account till date and she has agreed for accepting balance payment of permanent alimony as proposed through post dated cheque of 01.07.2020 issued by her husband Surjeet Singh and for dissolution of marriage after encashment thereof. She has further stated that in case petitioner Surjeet Singh is able to make payment of remaining outstanding permanent alimony before 10.07.2020 by any other mode, she would return the cheque dated 01.07.2020 after receiving the said amount and in case she fails to return the said cheque after receiving balance amount of Rs. 3,50,000/- through any other mode, she would be disentitled to present the said cheque in any bank for encashment and in case payment is made earlier to 10.07.2020, their marriage shall be dissolved on the said date after receipt of balance amount of Rs. 3,50,000/- in addition to the payment of Rs. 6,00,000/- already offered to her by the petitioner through cheque, presented by her in the bank. She has further stated that as per compromise, all pending Court cases shall be closed as compromised and in future neither she nor petitioner Surjeet Singh shall be entitled to raise any dispute arising out of their marriage. She has further stated that they have also agreed for passing of the divorce decree on or before 10.07.2020 when payment and receipt of entire alimony amounting to Rs. 9,50,000/- shall be complete and in case the payment is made earlier to 10.07.2020, they will be entitled for divorce decree for dissolution of their marriage on such date when the payment of complete permanent alimony amounting to Rs. 9,50,000/- shall be complete and in case the payment is made earlier to 10.07.2020, they will be entitled for divorce decree for dissolution of their marriage on such date when the payment of complete permanent alimony amounting to Rs. 9,50,000/- will be over and they will be entitled to remarry only thereafter. She has further stated that she has entered into the compromise before the learned Mediator and has deposed in this Court out of her free will, consent and without any external pressure, coercion or threat of any kind. 6. Out of total amount of Rs. 9,50,000/- a sum of Rs. 6,00,000/- has been paid by petitioner Surjeet Singh to respondent Babita Devi and now on 30.12.2019 balance amount Rs. 3,50,000/- stands transferred by petitioner in bank account of respondent through RTGS and such fact has been verified by learned counsel for the respondent, under instructions received by him from respondent Babita Devi. 7. On 29.08.2019, petitioner had handed over a cheque bearing No.585122 dated 30.06.2020 of Axis Bank Ltd., Baddi, H.P., against A/c No.918010052579517 to learned counsel for respondent Babita Devi and today on receiving the payment of Rs. 3,50,000/- in her account, the said cheque has been returned by learned counsel for the respondent by handing over the same to learned counsel for petitioner Surjeet Singh. 8. In aforesaid facts and circumstances, a decree for dissolution of marriage, on the basis of mutual consent, between petitioner Surjeet Singh and respondent Babita Devi, is passed and their marriage is dissolved. Registry to prepare decree accordingly. Appeal stands disposed of in aforesaid terms, so also pending application(s), if any.