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( 2025:HHC:23895 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
FAO (FC) No. 45 of 2024 Decided on: 22.07.2025 ______________________________________________________________ Tripta Devi
....Appellant Versus
Ashwani Kumar
…Respondent _ Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 For the appellant : Mr. Digvijay Singh, Advocate. Appellant Tripta Devi present in person. For the respondent : Mr. Rakesh Chaudhary and Mr. Panku Chaudhary, Advocates. Respondent Ashwani Kumar present in person. Vivek Singh Thakur, Judge
(oral) Parties in lis are husband and wife. 2. WifeTripta Devi has assailed judgment and decree dated 16.09.2024 passed by Principal Judge, Family Court, Kangra at Dharamshala in case No. 420/2020, titled Ashwani Kumar Vs. Tripta Devi, whereby, petition for dissolution of marriage by a decree of divorce filed by husband has been allowed by the Family Court. 1 Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:23895 )
3. During pendency of present appeal, keeping in view the nature of relation and dispute between the parties, as prayed by them, matter was referred for mediation to Mr. G.D. Verma, Senior Advocate. 4. In mediation, matter has been amicably settled between the parties, as reported by learned Mediator by submitting his report. 5. Today, parties are present in person and their separate statements, on oath, have been recorded. 6. Sh. Ashwani Kumar has deposed as under:
“My marriage with appellant Tripta Devi was solemnized on 22.02.2008, however, date of marriage in the impugned judgment has been mentioned wrongly as 22.08.2008. Out of this wedlock, we have been blessed with two children namely Aditya and Kritika. Our family is residing in six rooms house. Two rooms are in occupation and possession of Tripta Devi and four rooms are in occupation and possession of my parents. I am also staying with my parents. However, children are residing with us i.e. with me as well as Tripta Devi and they roam freely in all the six rooms. We are having separate two washrooms (toilets and bathrooms) and two kitchens. One set is for the use of Tripta Devi and another set for use of my parents. Children are using any of the washrooms independently as per their wish. I have filed petition for dissolution of marriage, which has been allowed by the Family Court.
During pendency of the present appeal, the matter has been amicably settled. I and my family have agreed to allow Tripta Devi to continue to stay in two rooms and to have occupation and possession of separate kitchen and washroom (toilet and bathroom). I have also agreed to allow her to use electricity connection and water connection of our family without paying any 2
( 2025:HHC:23895 ) charges. I am also agree to enhance the maintenance amount of Rs. 2600/ @ 10% after every three years and in case there is any serious disease or problem faced by Tripta Devi in future, then, as per my capability and capacity, I will try my best to help her. The aforesaid arrangement shall continue during lifetime of Tripta Devi or till she is remarried. I shall be transferring the amount of maintenance to the account of Tripta Devi on or before 7th of every month. In turn, Tripta Devi has agreed to dissolve marriage with mutual consent without going into the merits of the petition filed by me for dissolution of marriage. All other litigations pending between the parties except execution petition for arrears of maintenance, if any, shall also stand disposed of in terms of the compromise arrived at between the parties. I have also undertaken to bear the expenses of bringing up of our children including their education. I have agreed to resolve the dispute amicably before the Mediator as well as in this Court. I have deposed in the Court out of my free will, consent and without any coercion or external pressure of any kind.”
7. Smt. Tripta Devi has deposed as under:
“I have heard the statement of Ashwani Kumar and endorse the same to be true and correct. I have deposed in the Court out of my own free will, consent and without any coercion or external pressure of any kind.”
8.
In view of above amicable settlement between parties, impugned judgment and decree of dissolution of marriage is modified to the extent that now marriage between parties is dissolved with mutual consent of the parties in terms of the compromise referred supra and as also narrated in the statements of parties. Rest impugned judgment and decree shall remain as it is. As such, 3
( 2025:HHC:23895 ) respondent Ashwani Kumar shall pay monthly maintenance @ Rs. 2,600/ per month from 01.07.2025 to appellant Tripta Devi with 10% increase after every three years during her lifetime or till her remarriage. Appellant Tripta Devi shall also be entitled for arrears of maintenance @ Rs. 2,000/ per month from 01.08.2020 till 30.06.2025, if not already paid. Respondent Ashwani Kumar shall also pay regular maintenance @ Rs. 2,000/ per month each to his son Aditya till he completes his education and starts earning and to his daughter Kritika till her marriage or she starts earning, apart from education and medical expenses from 01.08.2020. 9. Deposition of parties shall form part of the decree. 10. Report of learned Mediator shall form record of appeal. 11. Before parting, we would like to record words of appreciation for learned Mediator Mr. G.D. Verma, Senior Advocate for his earnest efforts for materializing settlement and also for learned counsel for the parties, whose active cooperation has resulted into happy ending of litigation. 12. Decree, in aforesaid terms, be prepared. 4
( 2025:HHC:23895 )
13. Appeal stands disposed of in aforesaid terms. Pending application(s), if any, are also disposed of. ( Vivek Singh Thakur ) Judge
( Sushil Kukreja )
July 22, 2025 Judge
(raman)
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