Extracted from the PDF above. The PDF is authoritative.
1 2025:HHC:34442 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO (FC) No. 22 of 2024 Date of decision: 08.10.2025 ________________________________________________________ Pawan Vijay
…..Appellant Versus Saina Devi & another …Respondents ________________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 ________________________________________________________ For the Petitioner: Petitioner in person with Mr. Sumit Sharma, Advocate. For the Respondents: Respondent No. 1 in person with Mr. Aditya Kaushal, Legal Aid Counsel. G.S. Sandhawalia
, Chief Justice
(Oral) The present appeal has been filed by the husband against the judgment dated 09.08.2023, passed by the Principal Judge, Family Court, Kinnaur at 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 Rampur Bushahr, in CIS CNR No. HPK101000474-2015, titled Pawan Vijay Vs. Saina Devi, whereby the petition under Section 13-A(1)(ia) of the Hindu Marriage Act, 1955, was dismissed. 2. The parties were married in December, 2001 as per the local custom and Hindu rites and out of this wedlock, two children were born who are stated to have attained majority and living with their father. Thereafter, the petition came to be filed on account of the fact that the wife was living separately since 2009, as allegations were levelled by both parties on each other, which we do not want to record here since the parties have resolved the dispute when the matter was referred for mediation on 07.04.2025. 3. The report as such of the Mediator dated 28.05.2025 would go on to show that the wife is to be paid a sum of Rs. 2,70,000/- as full and final settlement on account of maintenance/alimony by the husband. The aforesaid amount in installments is stated to have
3 been paid to the respondent-wife by the petitioner- husband, as per the statement of the learned Counsel for the respondent. 4. As per the terms of the compromise drawn up as such, the wife will not have any right over the movable or immovable property of the husband and she will withdraw all pending cases filed by her against the husband before any Court. Further, the parties have agreed upon that they have no objection in case their marriage is dissolved. 5. The appellant-husband and respondent No. 1-wife are also present in person, who are duly identified by their Counsel. 6.
The statements of appellant-husband and respondent No. 1-wife, having already been recorded by the mediator, therefore, we do not wish to record their statements afresh. Accordingly, we convert this petition into a petition under Section 13-B of the Hindu
4 Marriage Act and allow the same since the parties have decided to dissolve their marriage by mutual consent. 7. Accordingly, the petition is disposed of alongwith all pending application(s), if any. (G.S. Sandhawalia)
Chief Justice. October 08, 2025
(Jiya Lal Bhardwaj) (hemlata)
Judge.