2025:HHC:18422 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. FAO (FC) No. 55 of 2024 Date of decision: 17.06.2025 Shri Sewa Ram …Appellant Versus Smt. Beena Devi …Respondent Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? No For the Appellant: Mr. Sanjay Bhardwaj, Advocate alongwith appellant Sewa Ram For the Respondent: Mr. T. K. Verma, Advocate alongwith respondent Smt. Beena Devi Tarlok Singh Chauhan, Judge (Oral) It is heartening to note that with the pro-active role played by the learned Mediator, Shri S. C. Sharma, Senior Advocate, the parties have been able to compromise the matter in the following terms:- “01.05.2025 Present : Mr. Sanjay Bhardwaj, Advocate for the appellant alongwith Appellant Shri Sewa Ram present in person. Mr. T.K. Verma, Advocate for the respondent alongwith respondent Smt. Beena Devi present in person. She is also accompanied by her daughter Ms. Karnika. Today, i.e. 01.05.2025, the Hon'ble Court has referred the matter to the undersigned for attempting a mediated settlement between the parties with a direction 2 2025:HHC:18422 to the parties to appear before the undersigned in the Mediation Centre of this Court at 11:00 a.m. 2. After having deliberation between the parties for more than two hours, both the parties have amicably settled all their pending disputes. The statement of appellant Shri Sewa Ram and respondent-Smt. Beena Devi are recorded separately vide Annexures P-1 & P-2 in presence of their respective counsels. The statement of the appellant and respondent will remain as a part and parcel of the mediation proceedings. Both the parties shall remain bound by their statements in future. 3. It is stated by the parties that the marriage between appellant and respondent was solemnized on 05.12.2000 at Village Urman, P.O. Munish-Bahli, Tehsil Rampur Bushehar, District Shimla H.P., as per Hindu rites and ceremonies. Out of this wedlock two children were born. Mr. Karan is at present 24 years of age and Ms. Karnika is at present 21 years. Both the parties are lived together as husband and wife for more than seven years. Both the children are at present in the custody of respondent. 4. Today, both the parties have mutually agreed that they are ready and willing to live together as husband and wife. Both the parties have agreed that said decision was taken by them voluntarily and without any pressue keeping in view the future of their child. Appellant has further stated that in future he shall bear the expenses of her wife and children for their daily needs, higher education and marriage etc. Appellant has further agreed that he will not alienate or create any charge qua the share of his property and share of her wife, son and daughter in the property will remain interacted. 5. Accordingly, in view of the compromise arrived at between the parties today, the appellant has stated that 3 2025:HHC:18422 the FAO(FC) No. 55 of 2024 titled Sewa Ram vs. Reena Devi pending before this Hon'ble Court may kindly be treated dismissed as withdrawn, as both the parties have mutually settled their pending disputes. Both the parties have stated that by virtue of this settlement, all the pending disputes between them have come to an end and in future no one can file any claim with regard to their matrimonial relations also. 6. The efforts of the parties and their counsels are highly appreciated. The act and conduct of the appellant and respondent are highly appreciated. The parties have further agreed that they will re-assemble in the Main Mediation Centre High Court of H.P., on 05.06.2025 to re- confirm the settlement arrived at today, so that thereafter matter be placed before the Hon'ble Court for passing appropriate orders. Accordingly, the proceedings are adjourned to 5th June, 2025, on which date both the parties shall remain present in the Main Mediation Centre at High Court of H.P., at 11:30 a.m. Sd/- (S.C. Sharma) Senior Advocate Mediator 05.06.2025. Present: Ms. Dhanwanti Devi, Advocate vice Mr. Sanjay Bhardwaj, Advocate for the appellant alongwith appellant Shri Sewa Ram present in person. Mr. T.K. Verma, Advocate for the respondent alongwith respondent Smt. Beena Devi present in person. On 01.05.2025, both the parties with the able assistance of their learned counsel had settled their dispute through mediation. Their statements have been recorded separately, which are duly singed by the learned counsel for the parties and the parties. 4 2025:HHC:18422 Today, learned counsel for the parties and the parties are again present to re-confirm the settlement already arrived on 01.05.2025. Today, again both the parties have re-confirmed that the terms of settlement so recorded are correct and binding on them. Both the parties have agreed that said decision was taken by them voluntarily and without any pressure keeping in view the future of their child. In furtherance of the mediation held on 01.05.2025, supplementary statements of the appellant and respondent have been recorded separately vide Annexures P-3 and P-4, in presence of their respective counsels and both the parties have signed the same. The statement of both the parties will remain as a part and parcel of the mediation proceedings and they shall remain bound by their statements in future also. Appellant-Shri Sewa Ram has agreed that he will pay Rs.12,000/- (Twelve Thousand) every month to his wife-Smt. Beena Devi as a maintenance and Rs. 2500/- per month to his daughter Ms. Karnika for their daily needs and other expenses etc. Further, agreed that he will deposit the aforesaid amount in the Saving Bank Account No. 15220100503592, IFSC UCBA0001522 of his wife and Google Pay account of his daughter. Also agreed that he will comply the said terms strictly and in case he failed to comply the same, he will be responsible for the same. Appellant has also stated that now he does not wants to pursue his appeal i.e. FAO(FC) No. 55 of 2024 titled Sewa Ram vs. Reena Devi before the Hon'ble High Court of H.P., as both the parties have mutually settled their pending disputes. Both the parties have requested that this matter alongwith the mediation report may kindly be listed 5 2025:HHC:18422 before the Hon'ble High Court of H.P., on 17.06.2025. The mediation at present is successful. Accordingly, Registry of the Hon'ble High Court of H.P., is requested to place the records of the main case along with mediation file before the Hon'ble Court on 17.06.2025 for further appropriate orders, under head presence of the parties. Sd/- (S.C. Sharma) Senior Advocate Mediator” 2. The appellant Sewa Ram has agreed that he will pay Rs. 12,000/- (Rupees Twelve Thousand) every month to his wife Smt. Beena Devi as a maintenance and Rs. 2500/- per month to his daughter Ms. Karnika for daily needs and other expenses etc. He has further agreed that he will deposit the aforesaid amount in the Saving Account No. 15220100503592, IFSC UCBA0001522 of his wife and Google Pay Account of his daughter. He also agreed that he will comply with the aforesaid terms and in case he failed to comply with the same, he would be responsible for the same. He has further stated that in view of the mutual settlement, he does not want to pursue the instant appeal. The parties have further mutually settled all the pending disputes. 3. In view of the aforesaid compromise entered into between the parties, the appeal is disposed of, leaving the parties to bear their own costs. However, it is made clear that in case, the appellant fails to abide by the aforesaid settlement, he, 6 2025:HHC:18422 in addition to any other order that may be passed against him, would be liable to be prosecuted and punished for having deliberately and willfully disobeying the terms of the compromise on the basis of which the instant order is being passed. 4. The order passed by the learned Mediator shall form the part of the decree. 5. Pending application, if any, shall also stand disposed of. (Tarlok Singh Chauhan) Judge (Sushil Kukreja) 17th June, 2025 Judge (sanjeev)