1 RFA No. 131 of 2002 18.5.2010 Present: Mr.Bimal Gupta, Advocate, for the appellant. Mr. Sanjeev Kuthiala, Advocate, for the respondents. 1. Today the parties have placed on record an application under Order 23 Rule 3, Order 32 Rule 7(1) and Section 151 of the Code of Civil Procedure, 1908. The Registry is directed to register the same. The parties have also moved another application under Section 13-B of the Hindu Marriage Act, 1955. The Registry is also directed to register the same. 2. With the intervention of learned counsel for the parties as also Ms. Salochna Kaundal, Advocate, who was requested by this Court to assist the parties to arrive at a settlement, the parties have compromised the matter. The terms thereof stand incorporated in an application filed under Order 23 Rule 3, CPC. The parties jointly pray that their statements be recorded. 3. Statements of the appellant, respondent No.1 and father of the appellant have been recorded. Their undertakings have been accepted and taken on record. There is no legal impediment in the same. The same has been arrived at with the intervention of the learned counsel, Ms. Salochna Kaundal, Advocate, as also the elders of the families. I am satisfied that the compromise is not only in the interest of the appellant, respondent No.1 but also in the interest of minor respondent No.2. The parties have been explained and made to understand the consequences of breach of the undertaking given by them. The terms of the compromise have also been separately read over and explained by the learned counsel to their respective parties. They fully understand the same. The parties are bound by the same. 2 4. The parties agree that Ms. Salochna Kaundal, Advocate, be present at the time of handing over of Istri Dhan. She has also agreed for the same. Consequently, this Court has requested Ms. Salochna Kaundal, to be present in the house of appellant Gobind Ram in Village Takoli, District Mandi, H.P. on 23.5.2010, at 11 a.m. All the expenses of her visit shall be borne by the appellant. The appellant shall also pay a sum of Rs.11,000/- to her at the spot. The articles of Istri Dhan shall be handed over in her presence. She shall make an inventory of the same and file the same in this Court. In the event of any difficulty, it shall be open for her to take the help of the police. Station House Officer, Police Station, Aut, District Mandi, is directed to render all such assistance as may be required by Ms. Salochna Kaundal, Advocate. 5. As agreed by the parties, the amount deposited in this Court alongwith upto date interest accrued thereupon is directed to be released in favour of respondent No.1 by remitting the same in her saving bank account, the details of which are enclosed with the application filed under Order 23 Rule 3, C.P.C. 6. The impugned judgment and decree dated 5.4.2002 passed by District Judge, Kullu, H.P. in Civil Suit No.5/2000, is modified. The terms of the compromise arrived in Ext.C-1 shall form part of the decree. The application filed under Section 13-B of the Hindu Marriage Act, 1955 is directed to be transferred to the District Judge, Kullu, the place where the respondent No.1-wife has been residing. Photocopy of the same be retained in this file. The parties are directed to appear before the District Judge, Kullu, on 26.7.2010. 3 7. The parties are at liberty to approach the Court if any difficulty arises in implementation of the terms agreed upon. The appeal as well as cross-objections stand disposed of. 8. However, only for the purpose of recording part satisfaction of the terms of compromise, the matter is directed to be listed on 4.1.2011. 9. The Registry is directed to send a copy of this order to the District Judge, Kullu, alongwith the original application filed under Section 13-B of the Hindu Marriage Act. The Registry is also directed to supply a copy of this order to Ms. Salochna Kaundal and Mr. Ram Murti Bisht, Dy. Advocate General, who is present in the Court, for onward communication to the concerned S.H.O. 10. The efforts made by Ms. Salochna Kaundal, Advocate, are highly appreciated. 18th May, 2010 (Sanjay Karol ) (C) Judge. 4 Gobind Ram, aged 40 years, son of Shri Mehar Chand, resident of Village Takoli, Illaqa Balindi, Sub Tehsil Aut, District Mandi, H.P. On S.A. 18.5.2010 I and my wife Ritu Devi have filed an application under Order 23 Rule 3, Order 32 Rule 7 (1) read with Section 151, Code of Civil Procedure, 1908, which is exhibited as Ext.C-1. We have also filed another application under Section 13-B of the Hindu Marriage Act, 1955. My signatures are encircled at A-1 to A-4 on the said applications. With the intervention of the parties as also Ms. Salochna Kaundal, Advocate, who had been requested to assist in arriving at the compromise, I and my wife have mutually resolved our disputes amicably. My father Shri Mehar Chand as also my father-in-law Shri Gurdial Thakur, who are also present in the Court have also assisted us in this regard. We have agreed to have our marriage dissolved by way of mutual consent. We have also resolved the issues of alimony, maintenance, Istri Dhan and inheritance. The terms of compromise are incorporated in its entirety in our application Ext.C-1. I undertake to abide by the terms incorporated therein. The compromise, which is in the interest of the parties as also our minor child, has been entered into voluntarily and without any coercion, duress or force. We pray that a decree be passed in terms of the compromise. The terms of the compromise and the consequences of breach of the undertaking furnished by me have been fully explained to me by my counsel. I specifically understand the consequences of breach thereof. I undertake to pay a total sum of Rs.7.50 lacs to my wife and minor child Baby Shaurya, respondent No.2 herein, in terms of Ext.C-1. I also undertake to hand over the articles as per list at pages 14 and 15 of Ext.C-1, being the Istri Dhan of my wife. I have received the list of articles of Istri Dhan and 5 also signed the same. Our marriage was solemnized as per the Hindu Custom and rites on 23.10.1999 at Takoli (Mandi). We have been residing separately since the birth of respondent No.2 on 2.9.2000. We have been residing separately for more than 10 years. We have neither cohabited nor lived together since then. Our marriage has broken down and in spite of efforts made for reconciliation there is no possibility of our living together again as husband and wife. We pray that our application for divorce by mutual consent be sent to a Court of competent jurisdiction. However, the same shall be decided after I deposit the entire amount as agreed upon. We also request that Ms. Salochna Kaundal, shall remain present when the articles of Istri Dhan are returned. RO & AC 18th May, 2010 (Sanjay Karol) (C) Judge. 6 Smt. Ritu Devi, aged 33 years, daughter of Shri Gurdiyal Thakur, Resident of Bajaura, Kothi Khokhan, Tehsil and District Kullu, H.P. On S.A. 18.5.2010 I have heard the statement of my husband, which has also been explained to me in vernacular by my counsel. I accept the same. The terms of the compromise arrived in terms of Ext.C-1 and application under Section 13- B of the Hindu Marriage Act, bears my signatures, which are encircled as R-1 to R-4. With the intervention of the learned counsel for the parties as also Ms. Salochna Kaundal, Advocate, who had been requested to assist in arriving at the compromise, I and my husband have mutually resolved our disputes amicably. My father-in-law Shri Mehar Chand as also my father Shri Gurdial Thakur, who are also present in the Court have also assisted us in this regard. We have agreed to have our marriage dissolved by way of mutual consent. We have also resolved the issues of alimony, maintenance, Istri Dhan and inheritance. The terms of compromise are incorporated in its entirety in our application ext.C-1. I undertake to abide by the terms incorporated therein. The compromise, which is in the interest of the parties as also minor child on whose behalf I have also signed as her natural guardian. I have entered into this compromise voluntarily and without any coercion, duress or force. We pray that a decree be passed in terms of the compromise. I undertake to abide by the terms of the compromise. I also undertake to make a statement before the Court of competent jurisdiction at the relevant time for seeking divorce by way of mutual consent. Our marriage was solemnized as per the Hindu Custom and rites on 23.10.1999 at Takoli (Mandi). We have been residing separately since the birth of respondent No.2 on 2.9.2000. We have been residing separately for more than 10 years. We have neither cohabited nor 7 lived together since then. Our marriage has broken down and in spite of efforts made for reconciliation there is no possibility of our living together again as husband and wife. We pray that our application for divorce by mutual consent be sent to a Court of competent jurisdiction. However, final decree shall be passed only when the appellant satisfies the terms agreed upon in Ext.C-1. The terms of the compromise and the consequences of breach of the undertaking furnished by me explained to me by my counsel fully. I specifically understand the consequences of breach thereof. RO & AC 18th May, 2010 (Sanjay Karol) (C) Judge. 8 Statement of Shri Mehar Chand son of Shri Shiv Dyal Chand, Aged 70 years, resident of Takoli, Illaqua Balindi, Sub Tehsil Aut, District Mandi, H.P. On S.A. 18.5.2010 My affidavit accompanying Ext.C-1 bears my signatures at encircled B-1. Till the time the amount of Rs.7.50 lacs is deposited by my son Shri Gobind Ram in this Court, there shall be first charge on my immovable property. RO & AC 18th May, 2010 (Sanjay Karol) (C) Judge. 9 18.5.2010 Present: Mr.Karan Singh Kanwar, Advocate, for the appellant. Mr. Sanjeev Kuthiala, Advocate, for the respondent. At the request of Mr. Karan Singh Kanwar, list the appeal in the monthly list of August, 2010. 18th May, 2010 (Sanjay Karol) (C) Judge.