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2025 DIGILAW 272 (HP)

Usha Devi v. Vijay Kumar

2025-03-04

VIVEK SINGH THAKUR

body2025
JUDGMENT : Vivek Singh Thakur, J. This appeal has been preferred against the judgment dated17.3.2020 passed in HMA Petition No. 9/3 of 2018 by learned District Judge, Bilaspur, H.P., whereby petition, preferred by the appellant/petitioner under Section 13(a) (i-a)(i-b) of the Hindu Marriage Act, 1955 for dissolution of marriage between the parties by decree of divorce, has been dismissed. 2. Appellant/petitioner and respondent are wife and husband since solemnization of their marriage on 13.11.2009 according to Hindu rites and rituals. 3. Apart from the present litigation, a petition preferred by appellant Usha Devi under Section 125 Cr.P.C. bearing Petition No. 44 of 2020 was allowed by the Family Court, Mandi vide order dated 4.8.2023. The said order was assailed by the respondent by filing Criminal Revision No. 513 of 2023 in this High Court. 4. During pendency of Revision Petition, parties have entered into compromise, which has been reproduced in the final order dated 15.5.2024 passed in Criminal Revision No. 513 of 2023 and vide order dated 23 rd May, 2024 Criminal Revision No. 513 of 2023 has been disposed of in terms of compromise. 5. In order dated 15.5.2024 passed in Cr. Revision No. 513 of 2023 compromise has been re-produced as under:- “After having deliberation between the parties for more than two hours, both the parties have amicably settled all the disputes pending between them as per their statements recorded vide Annexures P-1 and P-2, in presence of their respective counsels. The statements of the petitioner Sh. Vijay Kumar and respondent Smt. Usha Devi will remain as a part and parcel of the mediation proceedings. 2. Petitioner has stated that he was married to Smt. Usha Devi on 13.11.2009 at Jukhala (Bilaspur) as per Hundu rituals. Further, stated that they are living separately from the year 2018 to till date. Also stated that for the last seven years, there is no matrimonial relationship with each other. It is also stated by both the parties that all the pending litigations have come to an end today inter-se between the parties, as they have amicably settled the same. It is also agreed by both the parties that petitioner Shri Vijay Kumar will pay a total sum of Rs.5,00,000/- (Five Lacs) as a permanent alimony being a full and final settlement for dissolution of marriage. It is also agreed by both the parties that petitioner Shri Vijay Kumar will pay a total sum of Rs.5,00,000/- (Five Lacs) as a permanent alimony being a full and final settlement for dissolution of marriage. The said amount will be paid by the petitioner Shri Vijay Kumar to the respondent Smt. Usha Devi through cheque of State Bank of India, on the next date of hearing, when the matter is listed before the Hon'ble Court. 3. Petitioner has further stated that the respondent Smt. Usha Devi has filed an appeal ie. FAO(HMA) No. 183 of 2020 titled Usha Devi vs. Vijay Kumar before the Hon'ble High Court of H.P., against the order of learned District Judge, Bilaspur, H.P., passed in HMA Petition No. 9/3 of 2018 titled Usha Devi vs. Vijay Kumar decided on 17.03.2020, under Section 13(1) (i-a)(i-b) of Hindu Marriage Act, 1955 for the dissolution of marriage between the parties by a decree of divorce and he has no objection, if, the decree of divorce is allowed by the Hon'ble High Court. 4. Petitioner has also stated that, now there is no more dispute is pending related to their marriage in future. He has also stated that he has filed a case regarding defamation before the court of learned Civil Judge Senior Division, Bilaspur District Bilaspur, H.P., and now he want to withdraw the same, as he does not want to pursue the same against the respondent. 5 Petitioner has further stated that he has filed Revision Petition No. 513 of 2023 titled Vijay Kumar vs. Usha Devi before the Hon'ble Court of H.P. against the order of learned Principal Judge, Family Court Mandi, District Mandi, H.P., passed in Petition No. 44 of 2020 (Registration No. 81 of 2020) titled Usha Devi Vs. Vijay Kumar decided on 04.08 2023 and now he prays that the Revision Petition No 513 of 2023 may kindly be allowed by way of setting aside the order of learned Principal Judge. Family Court Mandi, District Mandi, H.P. The respondent is also having no objection for setting aside the same and allowing the Revision Petition filed by the petitioner 6 Petitioner has also stated that he has already deposited an amount of Rs. 92,500/- (Ninety Two Thousand Five Hundred) in the Registry of Hon'ble High Court and he has no objection, in case the respondent withdraw the same from the Hon'ble Court. 92,500/- (Ninety Two Thousand Five Hundred) in the Registry of Hon'ble High Court and he has no objection, in case the respondent withdraw the same from the Hon'ble Court. Now, in future, there will be no marital dispute of any kind left between them and they will be free in the future to live their lives as they wish. 7. In view of the above, the efforts of the parties and their counsels are highly appreciated. The act and conduct of the petitioner Shri Vijay Kumar and respondent Smt. Usha Devi is highly appreciated. Both the parties have requested that this matter alongwith the mediation report may kindly be listed before the Hon'ble Court during the course of next week. The mediation at present is successful. The Registry of Hon'ble High Court is requested to place the said case alongwith mediation report before the Hon'ble Court for passing appropriate orders.” 6. Usha Devi-appellant present today has also deposed in the Court as under:- “My marriage was solemnized with respondent Vijay Kumar on 13.11.2009. Thereafter marriage was not cohabited between us. Resultantly, I filed petition bearing No. HMA Petition No. 9/3 of 2018 under Section 13(1) (i-a)(i-b) of the Hindu Marriage Act for dissolution of marriage before District Judge Bilaspur. The same was dismissed on 17.3.2020. The said dismissal has been assailed by me in present appeal. Apart from the aforesaid litigation, I had also filed an application under Section 125 of Cr.P.C. bearing Petition No. 44 of 2020, titled Usha Devi Vs. Vijay Kumar before Family Court, Mandi for maintenance and grant of maintenance was assailed by respondent Vijay Kumar by filing Revision Petition No. 513 of 2023 before this High Court. During pendency of Revision Petition No. 513 of 2023, matter was referred to mediation, wherein compromise has been arrived at between us and in terms of compromise I have received ?5,00,000/- as permanent alimony alongwith ?92,500/- with up to date interest which was deposited by respondent Vijay Kumar in the Registry of this Court. We have also agreed to dissolve the marriage and as such respondent Vijay Kumar has communicated no objection for allowing the present appeal for dissolution of marriage in terms of the said compromise. We have also agreed to dissolve the marriage and as such respondent Vijay Kumar has communicated no objection for allowing the present appeal for dissolution of marriage in terms of the said compromise. My aforesaid deposition is true and correct in terms of compromise arrived at between us and I have entered into compromise and deposing in this Court today out of my free will, consent and also without any external pressure, coercion or threat of any kind.” 7. Statement made by Usha Devi appellant has been endorsed by respondent through counsel appearing for him, which reads as under:- “I have been instructed by Mr.Gurdev Singh Thakur, Advocate to endorse the compromise arrived at between the parties. Mr.Gurdev Singh Thakur, Advocate has been instructed by respondent Vijay Kumar to endorse the compromise for dissolution of marriage. Under instructions imparted to me, I endorse the statement made by the appellant Usha Devi today in the Court.” 8. In view of above and in terms of compromise arrived at between the parties, appeal is allowed and marriage between the parties is dissolved, as prayed by appellant/petitioner. 9. Compromise entered between the parties referred supra and statements of parties recorded today shall form part of decree. 9. A decree of divorce for dissolution of marriage be prepared accordingly. Appeal is allowed and disposed of in aforesaid terms alongwith pending application(s), if any.