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2025 DAILYLAW 38923 (HP)

RITU v. AVTAR KRISHAN

FAO(FC)/78/2025 · 2025-12-03

Romesh Verma, Vivek Singh Thakur

body2025

Judgment text

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2025:HHC:41842 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO (FC) No.78 of 2025 Date of decision: 03.12.2025 Ritu. ...Appellant. Versus Avtar Krishan. …Respondent. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioner : Mr. Gurmeet Bhardwaj, Advocate. For the respondents : Mr. Abhishek Nagta, Advocate, vice Mr. Mohit Jaitak, Advocate. Vivek Singh Thakur, Judge (Oral) This appeal has been preferred by wife-appellant against dismissal of her petition by the Family Court, District Una, bearing CIS Registration No.213/2018 titled as ‘Ritu vs. Avtar Krishan’ filed for dissolution of marriage under Section 13(1) of Hindu Marriage Act, 1955 (in short ‘the Act’) by way of decree of divorce by Additional Principal Judge-II, Family Court, Una. 2. During pendency of present appeal, matter was referred for mediation to explore the possibility of amicable settlement between 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes -2- 2025:HHC:41842 the parties. During the mediation proceedings, both parties agreed to dissolve their marriage by mutual consent as provided under Section 13B of the Act. The report of learned Mediator in this regard has been received along with the statements of the parties recorded on oath before learned Mediator on 01.12.2025. 3. Statements of parties reads as under:- Statement of appellant (Ritu). “Statement of Smt. Ritu w/o Shri Avtar Krishan, aged about 40 years, r/o Village Lower Dehlan, Tehsil & District Una, H.P. On S.A. 1.12.2025 I Ritu d/o Shri Pawan Kumar Pandora, voluntarily states that I will not claim any maintenance (past, present and future) from my husband-Shri Avtar Krishan under any law, including under Section 125 of Cr.P.C., Domestic Violence Act, Execution Petition or any other provisions and we both (I and my husband) agreed to dissolve our marriage through mutual consent, under Section 13B of Hindu Marriage Act. I have agreed to withdraw my complaint(s)/cases filed by be me against my husband, if any, pending before any Court of Law. We both agreed not to interfere in each other lives in future. That I have received an amount of Rs.75,000/- (Seventy Five Thousand) as a full and final maintenance amount from respondent-Shri Avtar Krishan, on my Google Pay Account (Mobile Number 82191-36439). RO/AC (Praveen Chandel) Advocate/Mediator 1st December, 2025” Statement of respondent (Avtar Krishan). “Statement of Shri Avtar Krishan s/o shri Janak Raj, aged about 47 years, r/o Village & Post Office Bass, Tehsil Nangal, District Roop Nagar, Punjab. On S.A. 1.12.2025 -3- 2025:HHC:41842 Stated that 1 Avtar Krishan have agreed and paid Rs.75,000/- (Seventy Five Thousand only) as a full and final maintenance amount to my wife-Smt. Ritu (on her mobile Number 82192-36439) through my Google Pay Account (Mobile No.94174-27892). I voluntarily state that 1 will not interfere in the life of appellant/wife-Smt. Ritu in future and also agreed to dissolve the marriage through mutual consent of decree. RO/AC (Praveen Chandel) Advocate/Mediator 1st December, 2025” 4. Mr. Gurmeet Bhardwaj, Advocate, for the appellant and Mr. Abhishek Nagta, Advocate, appearing under the instructions of the original counsel Mr. Mohit Jaitak Advocate, for the respondent, have endorsed the aforesaid compromise arrived at between the parties. It has been submitted that the appellant–Ritu has received ₹75,000/- as full and final maintenance amount from the respondent–Avtar Krishan, with further prayer to pass decree of dissolution of marriage by mutual consent of the parties. 5. In view of aforesaid compromise arrived at between the parties, by treating the petition preferred by the appellant before the Family Court for dissolution of marriage under Section 13(1) of the Act, as a petition preferred under Section 13B of the Act, the marriage between them is dissolved by decree of dissolution of marriage on the basis of mutual consent under Section 13B of the Act. 6. Statements of the parties recorded before learned Mediator, reproduced hereinabove shall form part of the decree. -4- 2025:HHC:41842 7. Before parting, we would like to record words of appreciation for learned Mediator Mr. Praveen Chandel, 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. 8. The appeal is disposed of in the aforesaid terms. (Vivek Singh Thakur) Judge (Romesh Verma) Judge. 3rd December, 2025 (Pardeep)