JUDGMENT : Ranjan Sharma, J. Appellant-Rajinder Garg has filed the instant appeal under Section 28 of the Hindu Marriage Act, 1955 assailing the judgment passed by Learned Additional District Judge-II, Solan, in HMA No.9FTC/ 3 of 2010/11 [Registration No.502/2013], dated 17.12.2016, titled as Rajinder Garg versus Anu Garg, wherein the petition filed under Section 13 of the Hindu Marriage Act for dissolution of marriage by decree of divorce was dismissed. 2. During the pendency of the instant appeal [FAO No.117 of 2017], learned counsels appearing for the appellant as well as respondent jointly represented that the matter can be resolved by way of amicable resolution. Accordingly, with the consent of learned counsels for the parties, matter was referred to Mr. G.D. Verma, Learned Senior Counsel with request to act as a Mediator in terms of the order dated 11.11.2014 which reads as under :- “Learned counsel appearing for the parties, on instructions, represent that there are chances of amicable resolution. With the consent of the parties, this Court appoints Mr. G.D. Verma, Learned Senior Counsel, to act as a Mediator. The parties are directed to appear before the Learned Mediator in the High Court Main Mediation Centre, on the date to be fixed by him. Registry is directed to make available all the records before the learned Mediator.” 3. Pursuant to the orders passed by this Court on 11.11.2024, Mr. G.D. Verma, Learned Mediator, initiated the mediation proceedings on 18.11.2024, then on 9.12.2024 and final mediation proceedings ended in amicable resolution on 27.12.2024. The outcome of the mediation proceedings, undertaken by Learned Mediator is reproduced hereinbelow:- “FAO No.117 of 207 Rajinder Garg vs. Anu Garg 27.12.2024 Present: Mr. Virbahadur Verma, Advocate for the appellant alongwith Shri Rajinder Garg appellant is present in person. Shri Rajinder Garg is also accompanied by his uncle Shri Madan Gupta. Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate for the respondent alongwith Smt. Anu Garg- respondent is present in person alongwith Mr. Sayam Garg (son). Also her brothers S/Shri Satish Mital and Shri Mukesh Mital are present in person. “In continuation of the mediation proceedings which took place on 09.12.2024, today further mediation proceedings have been carried out with the assistance of learned counsel for the parties who both quite cooperative in the mediation proceedings. Sayam Garg (son). Also her brothers S/Shri Satish Mital and Shri Mukesh Mital are present in person. “In continuation of the mediation proceedings which took place on 09.12.2024, today further mediation proceedings have been carried out with the assistance of learned counsel for the parties who both quite cooperative in the mediation proceedings. On the last date of hearing Shri Rajinder Garg has stated that he is ready and willing to pay a sum of Rs. 55 lacs to his son Mr. Sayam Garg, so that he may be able to maintain himself and also get higher education of his choice. There is no dispute between the parties on this score. On the last date of hearing during mediation proceedings keeping in view the claim of wife Smt. Anu Garg, it was being negotiated in full and final settlement of her claim of past and future and for bringing an end of entire dispute, she should be paid a sum of Rs. 55 lacs. However, time was given to the parties to ponder over the matter. Today. Smt. Anu Garg, has ready and willing to bring entire litigation to an end on payment of Rs. 55 lacs. However, the appellant-Shri Rajinder Garg is not willing to pay a sum of Rs. 55 lacs. He says that he is ready and willing to pay her only a sum of Rs. 35 lacs. Shri Rajinder Garg has stated that wife was having FDRs of Rs. 15 lacs in her name and this amount has to be adjusted, because this amount was paid by him. However, he has not been able to give any proof of this FDRs of Rs. 15 lacs. Smt. Anu Garg has stated that there is no such FDRs of Rs. 15 lacs with her and that such claim was not disclosed by the husband on the last date of hearing. Smt. Anu Garg is not willing to settle the dispute on payment of Rs. 35 lacs. At this stage Shri Rajinder Garg has agreed that he is agreeable to pay a sum of Rs. 45 lacs to Smt. Anu Garg and thus, he will pay in all a sum of Rs. 55 lacs to his son Mr. Sayam Garg and Rs. 45 lacs to his wife Smt. Anu Garg. 35 lacs. At this stage Shri Rajinder Garg has agreed that he is agreeable to pay a sum of Rs. 45 lacs to Smt. Anu Garg and thus, he will pay in all a sum of Rs. 55 lacs to his son Mr. Sayam Garg and Rs. 45 lacs to his wife Smt. Anu Garg. However, he has stated that this amount shall be paid by him on or before 31.03.2026, positively and for this purpose he will give written undertaking to the Hon'ble Court. The mode of payment of aforesaid amount would be 50% amount will be paid by him 25 posihkely before 30.06.2025 positively and the remaining 50% amount will be paid on or before 31.03.2026. At this stage, the learned counsel for the parties have stated that they will prepare Written Compromise in consultation with each other and the same will be filed before the Hon'ble Court on 8th January, 2025 on which date, the parties shall remain present. At this stage, Shri Rajinder Garg has issued a cheque bearing No. 130433 dated 27.12.2024 in the sum of Rs. 20 lacs in the name of Mr. Sayam Garg his son and the same has been received by Mr. Sayam Garg in the presence of all the parties. In view of this compromise, now, Smt. Anu Garg has agreed that appeal filed by Shri Rajinder Garg may be allowed by way of compromise and decree of divorce may be granted in favour of Shri Rajinder Garg. Hence, the mediation proceedings are successful. Let the matter be placed before the Hon'ble Court on 08.01.2025 for further appropriate orders.” -sd- (G.D. Verma) Senior Advocate 27th December, 2024 Mediator 4. Pursuant to the outcome of the mediation proceedings dated 27.12.2024, appellant as well as respondent, have entered into a Compromise dated 8.1.2025, in order to give effect to the outcome of mediation proceedings. The compromise deed dated 8.1.2025 reads as under: COMPROMISE “This compromise is arrived at Shimla on 08th day of January, 2025 in between Sh. Rajinder Garg Son of Sh.Ram Bilas, Garg, Resident of New Congress Nhawan, P.O. Saproon, Tehsil & District Solan, H.P. (hereinafter referred as first party) AND Smt. Anu Garg W/o Sh. Rajinder Garg, Resident of House No. 28-A, Village Mohali, Near Khalsa Public School, Phase I Mohali, Punjab. Rajinder Garg Son of Sh.Ram Bilas, Garg, Resident of New Congress Nhawan, P.O. Saproon, Tehsil & District Solan, H.P. (hereinafter referred as first party) AND Smt. Anu Garg W/o Sh. Rajinder Garg, Resident of House No. 28-A, Village Mohali, Near Khalsa Public School, Phase I Mohali, Punjab. 160055 (hereinafter referred as second party) Whereas the party of the first part had filed one petition under section 13 of Hindu Marriage Act for dissolution of marriage by decree of divorce before the Ld. District Judge Solan H.P. registered vide H?? ??. 9FTC/3 of 2010/11 titled as Rajinder Garg versus Anu Garg the same has been decided by Ld. Additional District Judge -II Solan H.P. vide judgment dated 17.12.2016 and the same petition was dismissed. The Judgment dated 17.12.2016 has been assailed by the party of the first part before the Hon'ble High Court of H.P. in FAO No. 117 of 2017. Whereas the marriage between the parties had solemnized on 02.10.2003 at Solan and out of the said wedlock one boy namely Sh. Sanyam was born on 05.09.2005. The son of the parties is living with the party of the second part at the parental house of the party of the second part and the party of the second part has broug up the son Sh. Sanyam. After leaving matrimonial house. Whereas the parties to the present compromise after thoughtful consideration with the intervention of relatives and friends have entered into compromise on the following terms and conditions: 1. That the party of the second part shall have no objection in case the appeal filed by the party of the first part before the Hon'ble High Court of H.P. registered vide FAO No. 117/2017 is allowed in terms of present compromise and marriage between the parties is dissolved by way of decree of Divorce by way of the compromise between the parties. 2. That the party of the first part shall pay an amount of Rs. 45,00,000/- (Rupees forty five lacs only) to the party of the second part as lump sum maintenance pendent lite and the party of the second part shall not claim any kind of maintenance or any right over the property of the party of the first part in future. 3. That party of the first part has further agreed to pay a sum of Rs. 55,00,000/- (Rupees Fifty Five Lacs only) to his son namely Sh. 3. That party of the first part has further agreed to pay a sum of Rs. 55,00,000/- (Rupees Fifty Five Lacs only) to his son namely Sh. Sanyam as maintenance amount for his future expenses as such, the party of the second part and her son Sh. Sanyam shall not claim any kind of party of the s brought use compensation or any right in the property of the party of first part. As such, the party of the first part shall pay an amount of Rs. 1,00,00,000/- (Rupees One Crore only) to the party of the second part and her son Sanyam as referred above. 4. That the party of the first part shall make payment to the tune of Rs. 50,00,000/- on or before 30.06.2025 out of which Rs. 20,00,000/- has already been paid to the son Sanyam through Cheque No. 130433 dated 27.12.2024 Drwan on IDBI Bank Kapoor Complex, The Mall Solan, H.P. and remaining Rs. 30,00,000/-shall be paid on or before 30.06.2025 and the remaining amount of Rs 50,00,000/- shall be paid by the party of the first part to the party of the second part and her son on or before 31.03.2026. The party of the first part shall issue post dated cheques in favour of the party of the second part and her son which shall be payable on or before 30.06.2025 and 31.03.2026 as agreed above. The same post dated cheques issued by the party of the 1st part are bearing Cheque No. 130434 Dated 30.06.2025 Amounting to Rs. 30,00,000/- Drawn on IDBI Bank Kapoor Complex in favour of Sh. Sanyam and Cheque No. 130435 Dated 30.03.2026 amounting to Rs. 5,00,000/- Drawn on IDBI Bank Kapoor Complex in favour of Sh. Sanyam and Cheque No. 130436 Dated 30.06.2026 Amounting to Rs. 25,00,000/- Drawn on IDBI Bank Kapoor Complex favour of Smt. Anu Garg and another Cheque No. 130437 Dated 30.06.2025 Amounting to Rs. 20,00,000/- Drawn on IDBI Bank Kapoor Complex in favour of Smt. Anu Garg. Sh. Sanyam son of the parties to the compromise is also consenting for the same compromise and to acknowledge the same compromise he has put his signature on the same compromise with a view to endorse the same compromise as a legal and valid. That party of the first part shall make payment as agreed between the parties as per the agreed terms and conditions referred above. That party of the first part shall make payment as agreed between the parties as per the agreed terms and conditions referred above. In case of default in making payment by the party of 1st part as referred above or dishonour of Cheques referred above, the party of 2nd part shall have right to recall the decree of divorce granted by the Hon'ble Court and the same compromise which is made basis for granting of compromise decree shall become redundant and the Judgment and Decree of Divorce so granted would come to an end. 6. That the parties to the compromise have agreed to withdraw all the cases pending against each other, if any, and agrees not to file any complaint, case, claim of any kind against each other in future. 7. That after the entering into the present compromise the party of the second part shall not claim any right in the house, property or business of the party of the first part in any manner. 8. That the parties to the compromise have entered into the present compromise between them out of their own free sweet will and volition and looking into the actual facts and circumstances existing between the parties. 9. That parties to the compromise undertakes not to claim anything with respect to the present dispute in future either by themselves or through their legal heirs, attorneys, representatives, partners, assigns, agents etc. and the dispute between the parties to the compromise has come to an end by way of present compromise. 10. That the present compromise shall be binding upon both the parties as the same has been arrived at between the parties with their mutual consent and there is no coercion, undue influence, pressure or threat of any kind on any party to the compromise. 11. That the parties to the compromise undertakes not to back out from the present compromise in any manner whatsoever. In witness whereof both the parties to this compromise have put their hands in presence of witnesses on day, month and year first above written in token of acceptance and correctness of its contents. Witness Party of first part Madan Lal Garg, sonof Sh. Karta Ram, Resident of Laxmi Tower, Ward No.1, Saproon, Solan, Tehsil and DistrictSolan, H.P. -sd- Rajinder Garg Mukesh Kumar son of Sh. Om Prakash Mittal, R/O 28A, Village Mohali, P.O. Phase-I Mohali, District Mohali, Punjab. Witness Party of first part Madan Lal Garg, sonof Sh. Karta Ram, Resident of Laxmi Tower, Ward No.1, Saproon, Solan, Tehsil and DistrictSolan, H.P. -sd- Rajinder Garg Mukesh Kumar son of Sh. Om Prakash Mittal, R/O 28A, Village Mohali, P.O. Phase-I Mohali, District Mohali, Punjab. Party of Second Part -sd- Anu Garg Sanyam son of Smt. Anu Garg and Rajinder Garg. 5. In order to test the veracity of Compromise Deed, dated 8.1.2025 (supra), the appellant as well as respondent, who are present before this Court, have affirmed, the Compromise Deed and undertaken to abide by the same in future. Statements recorded separately in the Court, shall form part of the case records and shall be treated to be undertaking(s) furnished to this Court, for all intents and purposes. 6. In above background, Learned Counsel for appellant, on Instructions of the appellant, who is present in Court, states that he shall remit a Post Dated Cheques, as mentioned in Para 4 of the Compromise Deed dated 8.1.2025 within the period mentioned in the Compromise Deed. 7. Mr. Virbahadur Verma, Learned Counsel for appellant, on Instructions of the appellant, who is present in person states that the appellant shall remit the Post Dated Cheques to Mr. Sudhir Thakur, Learned Senior Advocate for respondent by tomorrow, i.e. 9.1.2025. [Statement Taken on record]. 8. In view of the efforts made by Learned Mediator, which has fructified in Compromise Deed dated 8.1.2025, the instant appeal is closed, with consent of parties but by mandating the parties herein, to abide by the terms of mediation and Compromise Deed dated 8.1.2025 and the undertaking(s). Statements made before this Court today. 9. Before parting, it is clarified that consequent upon, the discharge of entire liability, by the appellant, the decree for dissolution of marriage by divorce shall accrue inter se the parties herein. In aforesaid terms, the instant appeal stands disposed of as compromised, alongwith all pending application(s), if any.