DEEPAK GUPTA Vs. SHIVANI GUPTA

JUDGEMENT

(1.) 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.

(2.) 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, under Section 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/ -.

(3.) 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 All cases, as mentioned in paragraph -4 of the compromise deed, shall stand withdrawn by each one against one another and shall be treated as such.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.