2025:HHC:44239 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision (FC) No. 10/2024 Decided on: 16.12.2025 Ravi Kumar …..Petitioner Versus Reena Kumari & anr. ….Respondents ______________________________________________________________ Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the Petitioner: Mr. K. B. Khajuria, Advocate. For the Respondents: Mr. Rajeev Chauhan, Advocate. Vivek Singh Thakur, Judge (oral) The instant revision petition has been preferred by husband-petitioner, Ravi Kumar, against the order dated 2.11.2023 passed by Additional Principal Judge, Family Court, Ghumarwin, in case No. 30/2022, titled as Reena Kumari & anr. Vs. Ravi Kumar, whereby interim maintenance of Rs.5000/- i.e. Rs.3,000/- per month to respondent No.1-wife and Rs.2000/- to respondent No.2-minor son, was ordered to 1Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 be paid by the petitioner to the respondents under Section 125 Cr.P.C. from the date of filing of the application. 2 It is an admitted fact that the petitioner and respondent No.1 were married to each other on 18.10.2015 and out of wedlock, they have been blessed with one son Purav Kumar, who is respondent No.2 in the present proceedings. 3 It is also undisputed that respondent No.1-wife has filed a petition for dissolution of marriage before the Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur and the petitioner has also filed a petition under Section 9 of the Hindu Marriage Act in the Family Court. 4 During the pendency of the present petition, matter was referred for mediation to explore possibility of resolution of dispute between the parties amicably. 5 In mediation, husband and wife i.e. petitioner and respondent No.1 have agreed to resolve disputes between them amicably on the terms agreed between them before the learned Mediator. In this regard, statements of both, on oath, have also been recorded by the learned Mediator, which are as under:- 3 “Statement of Sh. Ravi Kumar, S/o Gorkha Ram, R/o Village Bhira Badgaon, P.O. Badagaon, Tehsil Jhandutta, District Bilaspur, HP On Oath 08.10.2025 That today, I have compromised the matter with my wife and has agreed upon to pay lump sum amount of Rs.2,50,000/-. The same amount is to be paid by me in three installments, the first installment of Rs. 1 lakh is to be paid on or before 31" October, 2025, second installment is to be paid before 30th of November, 2025 amounting to Rs. 1 lakh, the third and the last installment of Rs. 50 thousand will be paid on 15th December, 2025. If I breach the installment payment then no use of compromise settlement and the status will be as it is before mediation proceedings. I have also agreed to relinquish my right on my wife and nothing has been claimed thereafter from my wife. Sd/- Sd/- RO & AC (Ritta Goswami) Senior Advocate Mediator Statement of Smt. Reena Kumari, W/o Sh. Ravi Kumar, R/o Village Bhira Badgaon, P.O. Badagaon, Tehsil Jhandutta, District Bilaspur, HP On Oath 08.10.2025 That today, I have compromised the matter with my husband as agreed to the said settlement between us that my husband agreed upon to pay lumsum amount of Rs.2,50,000/-. The same amount is to be paid by my husband in three installments, the first installment of Rs. 1 lakh is to be paid on or before 31st October, 2025, second installment is to be paid before 30th of November, 4 2025 amounting to Rs. 1 lakh, the third and the last installment of Rs. 50 thousand will be paid on 15th December, 2025. If he breach the installment payment then no use of compromise settlement and the status will be as it is before mediation proceedings. I have also agreed to relinquish my right on my husband and nothing has been claimed thereafter from my husband. Sd/- Sd/- RO & AC (Ritta Goswami) Senior Advocate Mediator” 6 In terms of the aforesaid compromise, the petitioner- husband has paid a sum of Rs.2,50,000/- to respondent No.1- wife, who has agreed to relinquish all rights as wife from the petitioner-husband and husband and wife have also agreed to dissolve the marriage with mutual consent by making an appropriate statement before the Family Court in the petition preferred by respondent No.1. The petition preferred by the petitioner-husband under Section 9 of the Hindu Marriage Act against respondent No.1-wife shall also be disposed of in terms of the compromise by the Family Court concerned. 7 Though in the statements made before the learned Mediator, nothing has been recorded with respect to agreement between the parties to dissolve the marriage with mutual consent, however, it was submitted so in the Court on 5 9.10.2025 and accordingly, it was recorded so in the order dated 9.10.2025 passed by this Court. 8 Order dated 9.10.2025 reads as under:- “Report of learned Mediator has been received informing the matter has been amicably settled between the parties. Parties are also present in person. Parties as well as their counsel have also endorsed the compromise entered between the parties. It is informed that there are three cases pending between the parties. One has been filed by the respondent for dissolution of marriage, second has also been filed by respondent claiming maintenance under Section 125 of Cr.P.C. whereas third case has been filed by the petitioner under Section 9 of Hindu Marriage Act for Restitution of Conjugal Rights. As per compromise all three cases have been settled. As per compromise the parties have agreed to dissolve marriage with mutual consent and also to close all criminal and civil proceedings pending against each other subject to payment of Rs. 2,50,000/- by the petitioner to the respondent in three installments i.e. 1,00,000/- on 31.10.2025, second amounting to Rs. 1,00,000/- on 30.11.2025 and third and last installment of Rs. 50,000/- on or before 15.12.2025. In view of the above matter is adjourned for 16.12.2025 for passing final order in terms of compromise. Parties are directed to remain present on next date of hearing.” 9 Today, petitioner and respondent No.1 have endorsed the aforesaid agreement with respect to dissolution of marriage between them and in this regard, separate 6 statements of petitioner-husband and respondent No.1-wife have also been recorded on oath, which read as under:- “Statement of Sh. Ravi Kumar, S/o Gorkha Ram, R/o Village Bhira Badgaon, P.O. Badagaon, Tehsil Jhandutta, District Bilaspur, HP On Oath 15.12.2025 That I endorse statement made before the learned Mediator on oath with further endorsement of the agreement arrived at between us (husband and wife) to dissolve the marriage with mutual consent under Section 13B of the Hindu marriage Act. The aforesaid deposition is out of my free will, consent and also without any external pressure, coercion or threat of any kind. Sd/- (Vivek Singh Thakur) Judge Sd/- (Romesh Verma) Sd/- Judge RO & AC Statement of Smt. Reena Kumari, W/o Sh. Ravi Kumar, R/o Village Bhira Badgaon, P.O. Badagaon, Tehsil Jhandutta, District Bilaspur, HP On Oath 15.12.2025 That I endorse statement made before the learned Mediator on oath with further endorsement of the agreement arrived at between us (husband and wife) to dissolve the marriage with mutual consent under Section 13B of the Hindu marriage Act. 7 The aforesaid deposition is out of my free will, consent and also without any external pressure, coercion or threat of any kind. Sd/- (Vivek Singh Thakur) Judge Sd/- (Romesh Verma) Sd/- Judge RO & AC 10 In view of above compromise, compensation order granting interim maintenance by the Family Court @ Rs.3000/- in favour of respondent No.1-wife, in terms of compromise arrived at between husband and wife, stands quashed and set aside qua respondent No.1 only, however, as regards the interim maintenance @ Rs.2000/- awarded by the Family Court in favour of respondent No.2-son, the same shall remain in force. 11 Accordingly, the petition preferred by respondent No.1-wife for dissolution of marriage shall be disposed of by the Family Court concerned by treating the same as petition filed for dissolution of marriage with mutual consent under Section 13B of the Hindu Marriage Act and petition preferred by the petitioner-husband under Section 9 of the Hindu Marriage Act shall be closed by the Family Court concerned in terms of the aforesaid compromise on production of a copy of this order by 8 either or both the parties. Similarly, the petition preferred by respondents for maintenance shall also stand closed qua respondent No.1 only on production of copy of this order by either or both the parties, however the same shall continue on behalf of respondent No.2, if so required and desired. 12 The instant petition along with pending application(s), if any, stands disposed of, in the aforesaid terms. (Vivek Singh Thakur) Judge (Romesh Verma) 16.12.2025 Judge (pankaj)