A contested divorce appeal may be disposed of by treating the original petition as one for mutual consent if the parties reach a voluntary, notarized settlement and comply with the agreed terms of alimony and property transfer.

[Oral]

Vivek Singh Thakur, Judge

1. This appeal has been preferred by the husband–appellant, Mast Ram, against the dismissal of his petition by the Principal Judge, Family Court, Sirmaur, District at Nahan, in H.M. Petition No.222-HMA/3 of 2022, titled ‘Mast Ram v. Suman’, filed for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (in short, ‘the Act’) by way of a decree of divorce, vide judgment dated 09.12.2024.

2. During the pendency of the present appeal, the matter was referred to mediation; however, no amicable settlement could be arrived at between the parties and matter was again taken up for consideration on merits. Thereafter, parties again entered into dialogue with each other and arrived at an amicable settlement, which was reduced into writing on 10.03.2026 in presence of witnesses as well as learned counsel representing the parties, and was duly notarized by a Notary at the Himachal Pradesh High Court, Shimla on the same day.

3. The aforesaid compromise was placed on record and statement of appellant was recorded on oath on 16.03.2026, which reads as under:-

“Statement of Shri Mast Ram [Appellant] aged about 32 years, S/o Shri Singa Ram, R/o Village Ajroli, P.O. Koti Bounch, Tehsil Shillai, District Sirmour, H.P. presently residing at Flat No.481, ECO City-I, New Chandigarh and working at PGIMER, Chandigarh.

On Oath 16.03.2026.

My marriage with the respondent [Suman] was solemnized on 02.11.2017 according to Hindu rites and rituals. After the marriage, we could not maintain cordial relations and have been living separately for a long time. I had filed a petition for dissolution of marriage before the learned Principal Judge, Family Court, Sirmour, District at Nahan, which was dismissed on 09.12.2024. Thereafter, I filed present appeal.

During the pendency of the appeal, the matter was referred to mediation; however, no amicable settlement could be arrived at between us. Thereafter, we again made efforts to resolve the dispute and the matter has now been amPicably settled in terms of a compromise reduced into writing on 10.03.2026, which has been placed on record in original. The original compromise is Exhibit C/I.

I have gone throfugh the terms contained in the compromise deedo and confirm the same to be true and correct. In terms of the compromise, we have agreed for dissolution of marriage with an amicable settlement.

I have undertaken to pay a sum of Rs.20,00,000/- [Rupees Twenty Lakh] to the reospondent as permanent alimony and also to transfer a piece of land measuring 150-40 square meters about (three and a half Biswa) situated at Up-Mohal Taruwala, Patwar Circule Taruwala, Teshil Paonta Sahib, District Sirmour, H.P. comprised in Khewat Khatauni No.412/890, Khasra No.1238/6, which presently is in the name of my real uncle Shri Sukh Ram S/o Mohi Ram. I shall arrange the transfer of the said land, either by way of sale deed/gift deed or any other appropriate mode, free from all encumbrances. I will try to comply with terms before 16.04.2026.

The respondent has agreed to dissolution of marriage on the aforesaid terms. The compromise deed has been signed by me [Mast Ram] as well as respondent [Suman] in the presence of witnesses.

The above statement is made by me out of my free will and consent, without any coercion or undue pressure from any quarter.”

4. On 16.03.2026, respondent-Suman was not present. She appeared before this Court on 16.04.2026, and on that day, her statement was also recorded on oath, which reads as under:-

“Statement of Ms. Suman [Re