Pawan Kumar Vs Sanjogita Devi and another — Himachal Pradesh HC (2025) — LawSathi Research

Pawan Kumar Vs Sanjogita Devi and another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of in terms of the mediated compromise; orders of the courts below modified per the settlement terms with default clause; first demand draft of Rs. 5,00,000 handed over to the respondents in open Court; total settlement of Rs. 16,00,000 payable in three installments into the Registry (Rs. 10,00,000 to Sanjogita Devi, Rs. 6,00,000 to Sonali) in full and final settlement of alimony, maintenance and property claims; FAO No. 352/2018 to be decided in terms of compromise.

Issue for consideration

Whether the criminal revision against the order dated 26.03.2024 of the Principal Judge, Family Court, Kangra (maintenance claims of Sanjogita Devi and Sonali) can be disposed of in terms of the settlement arrived at between the parties before the learned Mediator.

Court's answer

In view of the compromise, the orders passed by the learned Courts below shall stand modified with the terms of the compromise as set out in the settlement, alongwith the default clause.

Ratio / Principle

The petition is disposed of in view of the settlement between the parties.

Key takeaways

Default clause: if any party resiles from the settlement, that party is liable to be prosecuted for contempt of the Court, and FAO No. 352/2018 and Cr. Revision (FC) No. 44/2024 shall automatically revive.ratio¶36

Detailed headnote1 paragraphs

Criminal Revision (FC) No. 44 of 2024, High Court of Himachal Pradesh (decision 13.05.2025), directed against the order dated 26.03.2024 of the Principal Judge, Family Court, Kangra at Dharamshala concerning maintenance claims of respondent wife Sanjogita Devi and daughter Sonali. With the assistance of mediator Shri Aman Sood, the parties settled all disputes: husband Pawan Kumar to pay Rs. 16,00,000 (recorded as "Rs. 16,000,00/-") by demand drafts into the Registry in three installments — Rs. 5,00,000 by 30.05.2025, Rs. 5,00,000 by 30.08.2025 and Rs. 6,00,000 by 30.12.2025 — of which Rs. 10,00,000 is payable to Sanjogita Devi and Rs. 6,00,000 to Sonali, in full and final settlement of permanent alimony, maintenance and all property claims, which stand extinguished and surrendered. Pawan Kumar to withdraw the allegations in the main Divorce Petition, and FAO No. 352/2018 to be decided/decreed by mutual consent in terms of the compromise. Default clause: a resiling party is liable to prosecution for contempt, and FAO No. 352/2018 and Cr. Revision (FC) No. 44/2024 automatically revive. The Court modified the orders of the courts below in terms of the compromise with the default clause; the first demand draft of Rs. 5,00,000 was handed over in open Court; the petition was disposed of accordingly. Not approved for reporting.

2025:HHC:13724

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr. Rev. (FC) No. 44 of 2024

Date of decision: 13.05.2025

Pawan Kumar …Petitioner

Versus

Sanjogita Devi & Anr. …Respondents

Co ram

The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge.

Whether approved for reporting? No.

For the petitioner: Mr. Pawan Kumar-petitioner with Mr. Jai Ram Sharma, Advocate,

For the Respondent: Smt. Sanjogita Devi and Ms. SonaliRespondents with Mr. Ram Lal Thakur, Advocate.

Tarlok Singh Chauhan, Judge (Oral)

The parties are present in person and have been duly identified by their respective counsels.

It is heartening to note that with the pro-active role played by the learned Mediator, Shri Aman Sood, learned Advocate, the parties have amicably settled their disputes in the following terms:-

(I) That both the parties have mutually agreed that all the litigation between the parties shall come to an end in respect of the maintenance and the separation by way of divorce. Since FAO No. 352/2018 titled Pawan Kumar vs.

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Sanjogita Devi is also pending before this Hon'ble Court, it has been decided by both the parties that Shri Pawan Kumar will withdraw the allegations made in the main Divorce Petition and Smt. Sanjogita Devi further undertakes that in view of the allegations having been withdrawn by Shri Pawan Kumar,now decree of divorce by mutual consent be passed in FAO No. 352/2018 aforementioned.

(ii) That present Criminal Revision 408 of 2024 pending against the order dated 26.03.2024 passed by learned Principal Judge Family Court, Kangra at Dharamshala, H.P., shall also stands settled in view of the compromise having been arrived today by the parties and all claims with respect to maintenance etc., of Smt. Sanjogita Devi and Kumari Sonali shall come to and end with this settlement.

(iii) That Smt. Sanjogita Devi and Kumari Sonali henceforth will not claim any right with respect to property, estate, assets etc., of Shri Pawan Kumar and all their rights with respect to the property of Shri Pawan Kumar stands extinguished and shall stands surrendered by Smt. Sanjogita Devi and Kumari Sonali and there shall be no claim whatsoever of any kind of Smt. Sanjogita Devi and Kumari Sonali in the property/assets of Shri Pawan Kumar.

(iv) That the above settlement has been arrived by Smt. Sanjogita Devi and Kumari Sonali in respect of their claims qua permanent alimony and maintenance etc., for a total sum of Rs. 16,000,00/- (Sixteen Lacs) payment whereof shall be made by Shri Pawan Kumar by way of deposit in this Hon'ble Court through demand drafts in the following manner:-

(a) The first installment of Rs. 5,00,000/- (Five Lacs) shall be deposited by Shri Pawan Kumar in the

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Registry of this Hon'ble Court by way of demand draft on or before 30.05.2025.

(b) The second installment of Rs. 5,00,000/- (Five Lacs) shall be deposited by Shri Pawan Kumar in the Registry of this Hon'ble Court by way of demand draft on or before 30.08.2025.

(c) The remaining installment of Rs. 6,00,000/- (Six Lacs) shall be deposited by Shri Pawan Kumar in the Registry of this Hon'ble Court by way of demand draft on or before 30.12.2025.

(d) That in case Shri Pawan Kumar deposits the entire sum of Rs. 16,00,000/- (Sixteen Lacs) before 30th December, 2025, even then the present settlement will be operative and good for all intends and purpose.

(e) That Smt. Sanjogita Devi and Kumari Sonali are free to withdraw the amount out of which a sum Rs. 10,00,000/- (Ten lacs) shall be payable to Smt. - Sanjogtia Devi and Rs. 6,00,000/- (Six lacs) shall be payable to Kumari Sonali.

(v) The parties reiterates again that there shall be no claim whatsoever of any kind with respect to any of the properties/assets, maintenance, alimony etc., and Rs. 16,000,00/- (Sixteen Lacs) is being paid in lieu thereof and this amount shall settle all the claims as well as pending litigation between the parties.

(vi). That since the parties have settled the entire litigation amongst themselves by virtue of present settlement, the FAO No. 352 of 2018 filed by Shri Pawan Kumar seeking divorce shall also stands decided in terms of compromise arrived at today between the parties.

(vii) In case any of the parties resile from the settlement arrived today then the party so resiling from the

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settlement shall be liable to be prosecuted under Contempt of this Court, besides the aforementioned fact that the FAO No. 352/2018 and Cr. Revision (FC) No. 44/2024 shall also get automatically revived.

In view of the aforesaid compromise, the order(s) passed by the learned Courts below shall stand modified with the terms of the compromise as set out here-in-above alongwith the default clause.

In furtherance to the compromise, the petitioner has handed over a demand draft of Rs. 5,00,000/- (Rupees Five Lacs) to the respondents in the open Court.

Learned counsel for the parties jointly state that they have no objection in case the petition is disposed of in view of the settlement arrived at between them before the learned Mediator, as quoted above.

In view of the above, the petition is disposed of accordingly.

(Tarlok Singh Chauhan) Judge

13^th May, 2025 (sanjeev)

(Sushil Kukreja) Judge