Chandan Bhola vs Priyanka

Tarlok Singh Chauhan, J

It is heartening to note that the parties have settled the disputes amicably and are ready to give divorce on mutual consent as per the terms and conditions entered vide compromise dated 17.9.2020.

Marriage between the parties was solemnized on 19.4.2015 according to the Hindu rites and out of the wedlock one male child; namely, Ekkaksh was born on 19.1.2016 and is presently in the custody of the wife/respondent. Due to matrimonial discord, it was not possible for the parties to live together peacefully and amicably, and therefore, they are residing separately for the last more than four years.

However, as observed above, the parties have now resolved all the disputes vide compromise deed dated 17.9.2020 on the following terms and conditions:

"That the parties have also sorted out all their differences about dowry articles etc. as per mutual understanding. That the parties to this petition have settled all accounts. The first party-husband has agreed to pay a sum of seven lakh to the second party wife and her minor child as life time maintenance (past and future) and out of which Rs. Three lakhs shall be paid on the date of first hearing of the application and remaining amount of Rs. Four lakhs shall be paid by the husband/first party to the wife/second party at the time of second hearing; the parties have agreed not to claim any maintenance against each other in future. The child shall remain in the custody of the wife/second party and the husband/first parties have right to meet/visit the child and the wife second party shall not object the same. That the consent of either of the parties has not been obtained by force, fraud and undue influence.

And whereas that the second party respondent has filed a complaint under domestic Violence Act vide complaint No. 27/2017 titled as Priyanka vs Chandan Bhola against the first party which is pending adjudication in the Court of Ld. JMIC-IV Shimla (H.P.), which will be withdrawn by the respondent and the second party shall take appropriate steps in accordance with law for withdrawing the above said complaint."

In view of the compromise arrived at between the parties; the petition and the application are allowed. The decree of divorce is passed in terms of the compromise deed Annexure A-1 dated 17.9.2020, which shall form part and parcel of the decree of divorce.

Since the parties have compromised the matter, therefore, the complaint No.27/2017, titled as Priyanka vs Bhola pending in the Court of Judicial Magistrate 1st Class, Court No.4, Shimla is quashed and set aside and necessary orders in this regard shall be passed by the concerned Court on presentation of the copy of this judgment. Pending application(s), if any, also stand disposed of.