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2026 DAILYLAW 13350 (HP)

DAYAWATI v. HEM RAJ

CMPMO/433/2025 · 2026-06-25

Romesh Verma

body2026

Judgment text

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2026:HHC:25118 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 433 of 2025 Date of decision: 25.06.2026. Dayawati ...Petitioner. Versus Hem Raj ...Respondent. Coram: The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioner : Mr. Diwan Singh Negi, Advocate. For the respondent : Mr. Surender Verma, Advocate. Romesh Verma, Judge (Oral): Keeping in view the dispute inter-se the parties, this Court had referred the matter to the mediation of Ms. Rita Goswami, Senior Advocate on 16.12.2025. 2. It is heartening to note that with the intervention of learned counsel for the parties, both the parties have settled their dispute as per the settlement as arrived before the learned Mediator on 19.05.2026, which reads as follows:- “In pursuance of the orders of Hon'ble Court dated 16.12.2026, the undersigned has taken up the matter on 20.12.2025, 30.12.2025, 07.01.2026, 12.03.2026, 20.03.2026, 01.04.2026, 05.05.2026 and today i.e. 19.05.2026. 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- Today, after spending more than two hours, possibility of amicably settlement has been explored. With the intervention of the learned counsel for the parties and proper assistance having been extended, the matter has been settled between the parties. It has been agreed by respondent-husband that he is ready and willing to pay a sum of Rs.11,00,000/- (Eleven Lacs) as full and final settlement and he will deposit the amount in the Saving Bank Account No. 87431500006787, IFSC-PUNBOHPGB04, Hiamchal Gramin Bank Nehri, District Mandi, H.P., pertaining to the petitioner-wife Smt. Dayawati. The payment of Rs.11,00,000/- (Eleven Lacs) is accepted by the petitioner-Smt. Dayawati as a full and final settlement. The agreed amount of Rs.11,00,000/- (Eleven Lacs) is to be deposited by the respondent-Shri Hem Raj in three Installments. The first installment of Rs. 4,00,000/- (Four Lacs) will be paid on or before 15.06.2026, second installment of Rs.3,00,000/- (Three Lacs) will be paid on or before 15th July, 2026 and the last installment of Rs.4,00,000/- (Four Lacs) will be paid on or before 15th August, 2026. Both the parties have mutually agreed to return the respective jewellery articles which are in possession of each other after the payment of Rs.7,00,000/- (Seven Lacs) i.e. after July, 2026. The parties has also mutually agreed that the Court cases which has been filed vice versa i.e. Petition bearing No. HMA/32/2025 filed by the husband-Shri Hem Raj before the learned Additional Principal Judge, Family Court Sundernagar, District Mandi, H.P., and the proceedings which has been filed by the wife-Smt. -3- Dayawati under Section 125 of Cr.P.C./16/2024 pending in the learned Trial Court, Shimla, H.P. That in case the agreed amount has not been paid by the husband-respondent as has been agreed the entire compromise shall come to an end and the petitioner can revive the cases for the adjudication afresh. A written compromise deed prepared by the parties which is taken on record and placed in the Mediation file. The parties have undertaken that they shall remain bound by the compromise and there remains nothing to be paid or due from the side of respective parties. Parties have read over and explained the terms of the compromise by the learned counsels which is part and parcel of the mediation proceedings also. The parties have independently gone through the same and understand the same and only thereafter accepted the correctness of the compromise deed and have appended their signatures today i.e. 19.05.2026 in the Main Mediation Centre High Court of H.P. Accordingly, mediation is successful and Registry of the Hon'ble Court is requested to place the main case alongwith mediation file before the Hon'ble Court during the course of next week for passing appropriate orders.” 3. In terms of order which has been passed by the learned Mediator, the respondent was required to pay a sum of Rs. 4,00,000/- to the petitioner on or before 15.06.2026. However, learned counsel for the respondent undertakes to pay the said amount of Rs. 4,00,000/- on or before 30.06.2026. He further undertakes to pay the entire amount as per the -4- settlement as arrived before the learned Mediator on or before 15.07.2026 to the petitioner. 4. The compromise deed as effected inter-se the parties, duly signed by them and their respective counsel is made part and parcel of the present order. The parties shall strictly comply with the terms and stipulation, as entered in the compromise deed. However, it is made clear that in case any party deviate, obviates or violates any of the conditions as arrived at between the parties, the same shall be dealt with under the provisions of the Contempt of Courts Act. 5. Consequently, in view of the compromise as entered inter-se the parties, the present petition is disposed of. Pending applications, if any, also stand disposed of. (Romesh Verma) Judge 25th June, 2026. (kck)