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2024 DIGILAW 135 (HP)

Nisha Devi v. Sanjay Kumar

2024-02-28

SANDEEP SHARMA, VIVEK SINGH THAKUR

body2024
JUDGMENT : Vivek Singh Thakur, J. This appeal has been preferred by appellant/wife Nisha Devi against judgment dated 4th September, 2021 passed by the District Judge, Family Court, Mandi in case No. 157 of 2016 whereby marriage between the parties has been dissolved under Section 13 of Hindu Marriage Act, 1955. 2. During pendency of appeal, parties have arrived at consensus to dissolve the marriage on the basis of mutual consent by converting the petition, preferred by respondent-husband for dissolution of marriage under Section 13 of Hindu Marriage Act, as a petition under Section 13(B) of Hindu Marriage Act, 1955. 3. Admittedly, parties were married with each other in the year 2007 and couple was blessed with two children namely Vedika (daughter) and Shivansh (son). But due to difference of opinion, couple could not live together since 2011. They are living separately since last about 13 years. As expressed by the parties, we are also of considered opinion that relationship has become irretrievable and it is not possible for the parties to reconcile the differences and to continue the marriage between them. Therefore, it is a fit case where cooling period, provided under the Act, deserves to be waived off. 4. During the pendency of appeal, statements of parties were recorded on oath on 4th January, 2024. 5. In her statement, appellant Nisha Devi has stated as under:- “My marriage was solemnized with respondent-Sanjay Kumar in the year 2007 in Tehsil Sarkaghat, District Mandi, H.P., and after marriage we have been blessed with two children, i.e. one daughter namely Vedika and son namely Shivansh. Due to difference of opinion, we could not live together since 2011. I am working as TGT in Education Department, Himachal Pradesh, and presently posted at Parwanoo, District solan, H.P. Since 2011 we are living separately. Our children are residing with me. Respondent-Sanjay Kumar had filed a petition for Divorce before the Family Court, Mandi, which has been decided in favour of respondent-Sanjay Kumar. I have preferred appeal against the said decree for dissolution of marriage. During pendency of present appeal, we have arrived at an amicable settlement. According to settlement, respondent-Sanjay Kumar has agreed to pay a sum of Rs.10,00,000/- as permanent alimony, which shall be paid by him on or before 31.01.2024, by transmitting the same in my Bank Account. My Bank Account number is already available with respondent-Sanjay Kumar. During pendency of present appeal, we have arrived at an amicable settlement. According to settlement, respondent-Sanjay Kumar has agreed to pay a sum of Rs.10,00,000/- as permanent alimony, which shall be paid by him on or before 31.01.2024, by transmitting the same in my Bank Account. My Bank Account number is already available with respondent-Sanjay Kumar. In turn, I have given up my all claims with respect to future maintenance and right in the property of respondent-Sanjay Kumar. I have also agreed for dissolution of marriage with mutual consent under Section 13(B) of the Hindu Marriage Act, 1955, by converting the petition filed by respondent-Sanjay Kumar for dissolution of marriage as a petition for dissolution of marriage with mutual consent. I have also agreed to withdraw the case filed against respondent-Sanjay Kumar for grant of maintenance to me. I have entered into compromise and deposing in this Court, out of my free will, consent and without any external pressure, coercion or threat of any kind. 6. In his statement, respondent Sanjay Kumar has stated as under:- “I have heard statement of appellant-Nisha Devi. I endorse the same to be true and correct. I undertake to pay Rs.10,00,000/- to appellant-Nisha Devi on or before 31.01.2024 as agreed in the compromise. I have also agreed to convert the petition filed for dissolution of marriage as a petition for dissolution of marriage with mutual consent. I am deposing in this Court, out of my free will, consent and without any external pressure, coercion or threat of any kind.” 7. As per compromise, parties have agreed to dissolve the marriage on following terms and conditions:- (i) That the husband-Sanjay Kumar shall pay an amount of Rs.10 lacs as permanent alimony to the wife-Nisha Devi within one month from today. (ii) That after receiving the alimony amount of Rs.10 Lac from Sanjay, Nisha will not claim any future maintenance and she also will not have claim to the property right of Sanjay Kumar in any manner. (iii) That both the children (Vedika and Shivansh) shall remain in the custody of Nisha Devi till the age of majority where after they will be free to join the company of any of the parties. (iv) Nisha Devi has agreed to withdraw all cases, if any, pending between the parties before any Court of law including the case for enhancement of maintenance payable to her. (iv) Nisha Devi has agreed to withdraw all cases, if any, pending between the parties before any Court of law including the case for enhancement of maintenance payable to her. Sanjay Kumar will continue to pay the maintenance to children as ordered by Court and/or as otherwise agreed between the parties over and above the maintenance awarded by Court. 8. The respondent-husband Sanjay Kumar, on 19.01.2024, has already paid agreed amount of Rs.10 lacs towards the alimony and future maintenance or other claims of Nisha Devi and Nisha Devi has endorsed the same. 9. The parties have also filed joint application CMP No. 1714 of 2024 for dissolution of marriage with mutual consent in aforesaid terms by converting the petition filed by Sanjay into a petition under Section 13(B) of Hindu Marriage Act. 10. In view of above, impugned judgment dated 4.9.2021 passed by the District Judge, Family Court, Mandi HP in Case No.157 of 2016 titled Sanjay Kumar vs. Nisha Devi is set aside and petition preferred by respondent/husband is converted and considered as petition filed by parties jointly under Section 13(B) of Hindu Marriage Act for dissolution of marriage with mutual consent and after waiving off the cooling period, keeping in view the peculiar facts and circumstances and consensus arrived at between the parties, marriage between the parties is dissolved with mutual consent under Section 13(B) of Hindu Marriage Act in aforesaid terms. Statements of the parties shall form part of the decree. Decree for dissolution of marriage be prepared accordingly. Appeal stands disposed of accordingly including all pending miscellaneous application(s), if any.