Deepak Gupta vs Shivani Gupta

Dev Darshan Sud, J.—This petition, which arises out ofproceedings in HMA Petition No.10-S/3 of 2010, pendingbefore the Court of learned District Judge, Shimla, hasbeen instituted by the petitioner Shri Deepak Guuptabefore the learned trial Court against Ms.Shivani Guptaunder Sections 13(1)(i)(a), 13(1)(i)(b) and 13(1)(iii) of the Hindu Marriage Act praying for a decree ofdissolution of Marriage on the allegations made in the petition.

These proceedings have been instituted challenging the order passed by the learned Court below on 7th June, 2011 allowing the application instituted by Shivani Gupta, respondent herein, u/s 24 of the Hindu Marriage Act granting her maintenance pendente lite at the rate of Rs.5, 000/- per month from the date of institution of the petition i.e. 25.6.2010and litigation expenses also quantified at Rs.5000/-.

When Cr.W.P. No.20 of 2011, titled: Shivani Gupta vs. State was taken up by us, wherein she had sought the custody of her child, we had called for the entire record of all the litigations pending between the parties in order to make an attempt for settling all differences between them amicably. Pursuant to our order passed, the parties have now arrived at compromise and CMP No.1346 of 2011 placing on record Annexure A-1 containing the terms of the compromise has-been filed on the record of this case. Statements of both the parties have also been recorded. We may at this stage, also consider CMP No.1347 of 2011 which has-been filed by both the parties jointly herein praying that the divorce petition, as noticed by us hereinbefore, be allowed to be amended and the proceedings have to be converted into divorce proceedings u/s 13(B) of the Hindu Marriage Act and a decree for divorce be granted in terms thereof. The allegations and counter allegations made by the parties have been withdrawn. That application has been allowed by us on 31.10.2011. CMP No.1346 of2011 was also allowed by us when the compromise deed Annexure A-1, as filed with that application, was taken on the record of the case.

After recording the statements of both the parties to this petition and putting the conditions of the compromise Annexure A-1 to them, which they have undertaken to accept unequivocally without reservation of any kind and to bound by all the conditions, we find that it is a fit case in which the marriage between the parties could be dissolved in terms of Section 13(B) of the Hindu Marriage Act. We find from the record as also from the statements made by parties that it is not possible for them to resolve their differences and they cannot live together. It is in these circumstances, they be proceeded to consider the prayer jointly made for dissolution of the marriage by a decree for divorce by mutual consent. A decree for divorce dissolving the marriage between the parties by mutual consent therefore is passed. The terms and conditions, as contained in the compromise deed, shall form a part of these proceedings and shall also be placed on the record of the trial Court in case No.10-S/3 of 2010.The parties agree and undertake that there is no other or further dispute pending between them. All cases, as mentioned in paragraph-4 of the compromise deed, shall stand withdrawn by each one against one another and shall be treated as such. Henceforth, there shall be no litigation interse between the parties in terms of what has been described in paragraph-4 of the compromise deed.

Parties also agree and undertake that no other claim interse between them now survives. Bank draft bearing No.943246 dated 31.10.2011 in the sum ofRs.10 lacs, drawn in State Bank of Patiala, Shimla has-been paid to the respondent herein Smt.Shivani Gupta infull and final settlement of all her claims relating or arising of their matrimonial disputes. All the terms and conditions as contained in Annexure A-1 shall formpart of the decree and all cases mentioned inparagraph-4 therein and miscellaneous proceedings arising directly or indirectly there from shall be treated as withdrawn and closed.