Anjana Vs Ashwani Kumar

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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FAO (FC) No.59 of 2025 Date of decision: 01.06.2026

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Anjana. ...Appellant.

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Versus

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Ashwani Kumar & Anr. …Respondents. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?¹

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For the appellant	: Mr. Sumit Sharma, Advocate.
	: Appellant-Anjana present in person.
For the respondents	: Mr. Nitin Soni, Advocate, for respondent No.1.
	: Respondent No.1-Ashwani Kumar present in person.
	: Respondent No.2 is_ex parte_.

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Vivek Singh Thakur, Judge

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Appellant-wife has preferred present appeal assailing judgment and decree dated 23.06.2025 passed by Additional Principal Judge (Family Court), Hamirpur, in Petition CIS No. 296 of 2021, titled Ashwani Kumar vs. Anjana & Anr. , whereby the petition filed by respondent No.1-Ashwani Kumar, under Section 13 of the Hindu Marriage Act, 1955, was allowed and marriage between the parties was dissolved by decree of divorce on the ground of cruelty.

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1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes

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During pendency of the appeal, matter was referred for

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mediation and during mediation, parties have amicably settled the dispute with mutual consent, subject to payment of permanent alimony and other claims, including maintenance, amounting to Rs.20,00,000/-

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by respondent No.1-Ashwani Kumar (husband) to the appellantAnjana.

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On 17.06.2026, compromise was duly reduced into writing

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by way of statements of parties on oath.

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4. Statement of appellant-Anjana reads as under:-

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“Statement of Anjana, daughter of Shri Bimal Kumar, aged 37 years, Occupation: Private Teacher, R/o House of Shri Bimal Kumar, son of Shri Birbal Ram, Village Kot, Post Office Mehal, Tehsil Bhoranj, District Hamipur, Himachal Pradesh.

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On Oath Dated: 17.03.2026

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Stated that my marriage with respondent-Ashwani Kumar was solemnized on 13.05.2011. From marriage, we have blessed with one son. However, due to differences, we could not keep our relations cordial, whereupon, respondent-Ashwani Kumar filed a petition under Section 13 of Hindu Marriage Act for dissolution of marriage by a decree of divorce, on the ground of cruelty and desertion. Petition was allowed on the ground of cruelty by Additional Principal Judge, Family Court, Hamirpur, vide judgment and decree dated 23.06.2025. I have assailed this decree in present appeal.

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2. During pendency of appeal, matter was referred for mediation, where, we have amicably settled the dispute and have agreed to dissolve the marriage with mutual consent, subject to payment of permanent alimony of Rs.20,00,000/- [Rupees Twenty Lakh] by respondent-Ashwani Kumar to me in two instalments, i.e. 1^st instalment of Rs.10,00,000/- [Rupees Ten Lakh] shall be paid on or before 30^th March, 2026 of which Multi-City Cheque bearing No.877474, dated 17.03.2026 payable at par at all Branches of SBI has been brought today in the Court by respondent-Ashwani Kumar and the aforesaid cheque has been handed over to me by respondent-Ashwani Kumar and 2^nd instalment of Rs.10,00,000/[Rupees Ten Lakh] shall be paid on or before 30^th May, 2026 and it will include all claims, i.e. arrears, maintenance etc. awarded in my favour by the Courts at any point of time, if any, on behalf of me against respondent-Ashwani Kumar. After payment of aforesaid

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permanent alimony, it would have no monetary claims against respondent-Ashwani Kumar.

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3. Our son, namely, Aarush, is residing with me. The Court has awarded monthly maintenance at the rate of Rs.3,000/[Rupees Three Thousand], payable by respondent-Ashwani Kumar, who has undertaken to continue to pay maintenance to the son as payable from time to time in accordance with law.

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4. As per compromise arrived at between us, I have also agreed to withdraw all cases filed by me or on my behalf against respondent-Ashwani Kumar.

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5. In view of above compromise arrived at between us, decree for dissolution of marriage passed on the basis of cruelty, be modified and marriage between us be dissolved by a decree of divorce with mutual consent by treating the petition preferred by respondent–Ashwani Kumar under Section 13 (B) of Hindu Marriage Act.

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

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5. Statement of respondent No.1-Ashwani Kumar reads as

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under:-

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“Statement of Ashwani Kumar, son of Shri Kanhaiya Lal, aged 42 years, R/o Village Palhi, Post Office Bharari, Tehsil Bhoranj, District Hamirpur, Himachal Pradesh-177024, presently serving as Havaldar, No.4005604F, 4, Dogra Company-B, C/o 56, A.P.O.

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On Oath Dated: 17.03.2026

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Stated that my marriage along with appellant-Anjana was solemnized on 13.05.2011. From marriage, we have blessed with one son. However, due to differences, we could not keep our relations cordial, whereupon, I had filed a petition under Section 13 of Hindu Marriage Act for dissolution of marriage by a decree of divorce, on the ground of cruelty and desertion. Petition has been allowed on the ground of cruelty by Additional Principal Judge, Family Court, Hamirpur, vide judgment and decree dated 23.06.2025. Appellant-Anjana has assailed this decree in present appeal.

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2. I have heard the statement made by appellant-Anjana and endorse the same to be true and correct. I have undertaken to pay maintenance to my son as payable to him in accordance with law from time to time and also to pay permanent alimony of Rs.20,00,000/- [Rupees Twenty Lakh] in two instalments to appellant-Anjana, i.e. 1st instalment of Rs.10,00,000/- [Rupees Ten Lakh] shall be paid on or before 30th March, 2026 of which Multi-City Cheque bearing No.877474, dated 17.03.2026 payable at par at all Branches of SBI has been brought by me today in the Court and the

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same has been handed over by me to appellant-Anjana and 2nd instalment of Rs.10,00,000/- [Rupees Ten Lakh] shall be paid on or before 30th May, 2026. I shall abide by all the terms and conditions as would be imposed by this Hon’ble Court.

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

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Today, it has been jointly submitted that Rs.20,00,000/-

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has been paid by respondent No.1-Ashwani Kumar, to the appellantAnjana and the said amount has been received by the appellant, who has duly acknowledged and endorsed its receipt.

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In view of above, all civil and criminal proceedings between the parties, including proceedings under Domestic Violence Act (including Case Reg. No.17 of 2022), Code of Criminal Procedure, 1973, Bharatiya Nagarik Suraksha Sanhita, 2023, and any other Act, initiated by either party, including the claim of the appellant for maintenance, shall stand withdrawn upon production of copy of this judgment and decree by both or either of the parties before the concerned Court/Forum.

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Couple has been blessed with one son, namely Aarush and a joint petition under Section 125 Cr.P.C., bearing Petition No. 78 of 2021, has been preferred by the appellant along with Aarush (son), for awarding maintenance to both of them. The said petition qua the claim of maintenance to appellant-Anjana (wife), shall stand closed. However, with respect to claim of son-Aarush, the said petition shall continue. Respondent No.1-Ashwani Kumar, has undertaken to pay

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maintenance to Aarush as payable from time to time in accordance with law, including the interim maintenance, which at present is Rs.3,000/per month. Therefore, the proceedings initiated for maintenance on behalf of the son shall continue, and appellant-Anjana (mother of son) with whom son is residing, shall have the right, on behalf of son, to take all necessary legal recourse for continuation of petition, for recovery, enhancement, or any other relief, as admissible under law.

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Needless to say, respondent No.1-Ashwani Kumar (husband), shall have visitation rights to meet his son, as permissible under law with the mutual consent of the parties. In the event of any dispute in this regard, the parties shall be at liberty to avail such remedies as may be available and permissible under law.

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In view of the above compromise, the petition preferred by respondent No.1-Ashwani Kumar, is treated as petition for dissolution of marriage by decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.

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In terms of compromise, deposed in statements of the parties, the marriage between appellant and respondent No.1 is ordered to be dissolved by decree of divorce with mutual consent under Section 13B of the Hindu Marriage Act, 1955.

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Accordingly, the impugned judgment and decree dissolving the marriage between the parties on the ground of cruelty is set aside, and a fresh modified decree of divorce by mutual consent

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under Section 13B of the Hindu Marriage Act, 1955, is passed in the aforesaid terms.

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Statements/compromise of the parties shall form part of

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the decree.

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This judgment and decree shall not have any impact on

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any legal right of the son of the couple.

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Before parting, we would like to record words of appreciation for learned Mediator, Mr. Ram Lal, Advocate/Mediator for his earnest efforts for materializing settlement and also for learned counsel and parties whose active cooperation has resulted into happy ending of litigation.

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Appeal as well as petition are disposed of in aforesaid terms along with pending applications, if any.

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(Vivek Singh Thakur) Judge

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(Ranjan Sharma) Judge

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1^st June, 2026 (Pardeep)

Anjana v. Ashwani Kumar

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Anjana v. Ashwani Kumar

Case brief

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