Bhushan Sharma v. Richa Rani

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 1) FAO-M-100-2018 Date of decision: 28.08.2023 Bhushan Sharma ....Appellant

Versus

Richa Rani

...Respondent

2) FAO-417-2020(O&M) Richa Rani ....Appellant

Versus

Bhushan Sharma

...Respondent

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. A.K. Garg, Advocate for the appellant (in FAO-M-100-2018) for the respondent (in FAO-417-2020).

Mr. Ramesh Chand Sharma, Advocate for the respondent (in FAO-M-100-2018) for the appellant (in FAO-417-2020).

RAJ MOHAN SINGH, J. (ORAL) Vide this common order, FAO-M-100-2018 and FAO-417-2020 are being decided.

FAO-M-100-2018 has arisen from a judgment and decree dated 16.02.2018 passed by the Additional District Judge, Roopnagar vide which petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by way of decree of divorce was allowed at the instance of respondent-Richa Rani.

FAO-M-100-2018 & FAO-417-2020 -2FAO-417-2020 has arisen from a judgment and decree passed by the Civil Judge (Senior Division), Roopnagar, whereby, petition under Section 25 of the Guardians and Wards Act, for the custody of minor children, namely, Gia and Keshav, was dismissed by the Civil Judge (Senior Division), Roopnagar, exercising the power of District Judge under the Guardians and Wards Act. Today both the parties are present in person along with their counsel.

Learned counsel for Bhushan Sharma submits that the respondent/wife is willing to forego her right to claim custody of minor children and is willing to withdraw FAO-417-2020 without insisting upon arrears of maintenance as awarded by this Court in CMM No.4805 of 2018 on 28.03.2019. Respondent-Richa Rani who is present in Court submits that she will feel contended with a decree of divorce as granted in her favour by the Additional District Judge, Roopnagar on 16.02.2018. She does not wish to have custody of minor children and arrears of maintenance if any, pending as on date. She wishes to withdraw her appeal i.e. FAO417-2020 unconditionally provided the appellant/husband also withdraws his appeal i.e. FAO-M-100-2018.

Learned counsel for the appellant on instructions from Bhushan Sharma also submits that the appellant is also willing to

FAO-M-100-2018 & FAO-417-2020 -3withdraw his appeal i.e. FAO-M-100-2018 unconditionally. Learned counsel for the respondent on instructions from Richa Rani submits that the respondent shall withdraw any other case, if any pending before the trial Court/Revisional Court forthwith.

In view of the statement made by the parties who have been duly identified by their counsels, FAO-M-100-2018 and FAO-417-2020 are ordered to be dismissed as withdrawn. (RAJ MOHAN SINGH) JUDGE (HARPREET SINGH BRAR) JUDGE 28.08.2023 Neha Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No