O R D E R

By way of instant petition filed under Article 227 of the Constitution of India, challenge has been laid to order dated 3.9.2021, passed by the learned Additional Principal Judge (I), Family Court, Una, District Una, H.P. in HMA No. 155 of 2018, titled Diksha Sharma v. Gaurav Sharma, whereby court below while considering the prayer made by the petitioner Ms. Diksha Sharma under Section 24 of the Hindu Marriage Act (in short the “Act”) for grant of maintenance pendente lite, directed the respondent to pay the maintenance of Rs. 5,000/- per month, to the petitioner.

2. Precisely, the facts of the case as emerge from the record are that marriage inter-se petitioner and respondent was solemnized on 22.4.2015 as per Hindu rites and customs at Una, Himachal Pradesh, but unfortunately, they were able to live together for three months only and thereafter, they started living separately on account of certain differences. Petitioner herein apart from instituting criminal case under Section 498-A of the IPC also filed petition under Section 125 of the Cr.PC and Section 12 of the Domestic Violence Act, for grant of maintenance which are still pending adjudication. Besides above, petitioner also filed divorce petition, wherein court below granted maintenance to the tune of Rs.5000/- under Section 24 of the Act. Being aggrieved and dissatisfied with maintenance awarded by the court below, petitioner has approached this court in the instant proceedings, praying therein for enhancement of maintenance awarded by the court below.

3. Having regard to the nature of the dispute inter-se parties, this Court at the first instance, deemed it necessary to cause presence of the parties so that possibility of amicable settlement inter-se them could be explored.

4. Pursuant to order dated 12.9.2022, parties have come present. Having interacted with the parties, there appears to be no possibility of rapprochement, because both the parties are not ready to live together, rather petitioner herself has already filed petition seeking divorce from the respondent. Today, during proceedings of the case, both the parties resolved to settle their dispute amicably, whereby they have decided to file petition under Section 13 B of the Act, seeking dissolution of marriage by way of mutual consent. As per compromise, respondent, who happens to be husband of the petitioner has agreed to pay sum of Rs. 8.0 lac as permanent alimony to the petitioner, whereafter both the parties shall have no claim of any kind against each other and they would also withdraw all the cases filed by them against each other.

5. Both the petitioner and respondent, who are present in the Court state on oath that they of their own volition and without there being external pressure have entered into compromise, whereby they have resolved to get their marriage dissolved by way of mutual consent by filing petition under Section 13 (B) of the Hindu Marriage Act. Respondent Gaurav Sharma, states that he shall pay sum of Rs. 8.00 lac as permanent alimony to the petitioner within one month from today and thereafter, petitioner shall have no claim of any kind against him. Petitioner Diksha Sharma, also states that the moment, sum of Rs. 8.00 lac as agreed to be paid by the respondent, is paid to her, she shall withdraw all the cases registered against the respondent. Aforesaid statements of the parties made on oath are taken on record.

6. Having taken note of the aforesaid amicable settlement inter-se parties, whereby they have resolved to settle their dispute amicably, nothing remains to be adjudicated in the instant proceedings.

7. Consequently, in view of the above, order dated 3.9.2021, granting maintenance to the petitioner is quashed and set-aside and parties are directed to remain present before the court below on 1.11.2022, enabling it to convert the petition filed under Section 13 of the Hindu Marriage Act by the petitioner for divorce to Section 13-B of the Act for divorce by way of mutual