2026:HHC:6393 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO(FC) No. 24 of 2025 a/w FAO(FC) No. 4 of 2022 Decided on: 09.03.2026 ______________________________________________________________ FAO(FC) No. 24 of 2025 Gurditta Ram ...Appellant. Versus Babita ...Respondent FAO(FC) No. 4 of 2022 Gurditta Ram ….Appellant Versus Babita and another …Respondents. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the appellant : Mr. Vijay Chaudhary, Advocate. For the respondent : Mr. Sanjay Singh Verma, Advocate, as Legal-aid-counsel, for respondent No.1-Babita. Vivek Singh Thakur, Judge (Oral) These appeals, with consent of the parties, communicated through their counsel, are being decided by this common judgment. 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- 2026:HHC:6393 2. FAO(FC) No. 24 of 2025 has been preferred by the appellant-Gurditta Ram against dismissal of his petition filed for dissolution of marriage with respondent No.1-Babita, under Section 13 of the Hindu Marriage Act, 1955, vide judgment dated 20.02.2025 passed by learned Principal Judge, Family Court, Chamba, District Chamba, H.P. in case registration No. 152 of 2021, titled Gurditta Ram vs. Babita. 3. FAO(FC) No.4 of 2022 has been preferred by the appellant-Gurditta Ram against respondent No.1-Babita and respondent No.2- Arayana (daughter of the couple), against order dated 01.01.2022 passed by learned Principal Judge, Family Court, Chamba, District Chamba, in case registration No. 77 of 2019, titled Babita and another vs. Gurditta Ram, whereby Gurditta Ram has been ordered to pay monthly maintenance at the rate of Rs.15,000/- to respondent No.1- Babita and Rs.8600/- to respondent No.2 Arayana from the date of petition i.e. 14.12.2018. 4. During the pendency of the aforesaid appeals, with agreement of the parties on 23.09.2025, matter was referred for mediation to Ms. Kiran Chona, Advocate, Chamba to explore the possibility of amicable settlement. The mediation -3- 2026:HHC:6393 proceedings, as agreed by the parties, were conducted at Chamba by the Mediator Kiran Singh, (Kiran Chona), Advocate. 5. The report of the learned Mediator has been received whereby it has been informed that Gurditta Ram and Babita have agreed to resolve the dispute amicably by dissolution of marriage subject to payment of lump-sum amount of Rs.20,00,000/- by Gurditta Ram in favour of respondent No.1 Babita and monthly maintenance in favour of respondent No.2 Arayana (in appeal No. FAO(FC) No.4 of 2022) and also other terms and conditions contained in the terms of the settlement. 6. Learned counsel for the parties have endorsed the compromise arrived at between the parties as well as terms of settlement received with the report of learned Mediator under instructions of their respective clients. It has been submitted by both of them that the terms of settlement are in the interest of the minor Arayana also, and, therefore, they have prayed for deciding these appeals in terms of the settlement. Separate statements of the learned counsel in this regard have also been recorded, which have been reproduced hereinafter. 7. Statement of Sh. Vijay Chaudhary, Advocate, for the appellant- Gurditta Ram, is as under: -4- 2026:HHC:6393 “I am competent and duly authorized to depose on behalf of appellant-Gurditta Ram. Apart from Power of Attorney (Vakalatnama), I have been specifically instructed to depose on his behalf in terms of the compromise arrived at between the parties in terms of the settlement dated 06.11.2025 arrived at before learned Mediator at Chamba, which has been duly signed by Gurditta Ram and Babita as well as their Advocates representing and identifying them before the learned Mediator. In terms of the instructions imparted to me, I depose that the terms and conditions of the settlement arrived at between the parties on 6.11.2025 are true and correct and acceptable to my client Gurditta Ram and accordingly, I request this Hon’ble Court on behalf of my client Gurditta Ram to pass appropriate decree of divorce in terms of the settlement and by giving appropriate directions to the parties. The aforesaid deposition on behalf of Gurditta Ram is in consonance with the instructions imparted to me.” 8. Statement of Sh. Sanjay Singh Verma, Advocate, for the respondent Babita, is as under: “I am competent and duly authorized to depose on behalf of respondent- Babita and on behalf of her minor daughter Arayana, (Babita being her mother and natural guardian). Apart from Power of Attorney -5- 2026:HHC:6393 (Vakalatnama). In terms of the compromise arrived at between the parties in terms of the settlement dated 06.11.2025 arrived at before learned Mediator at Chamba, which has been duly signed by Gurditta Ram and Babita as well as their Advocates representing and identifying them before the learned Mediator. I am deposing under instructions from Babita, who has endorsed that the compromise arrived at between the parties is in the benefit of minor daughter in all respect. In terms of the instructions imparted to me, I depose that the terms and conditions of the settlement arrived at between the parties on 6.11.2025 are true and correct and acceptable to my client Babita and accordingly I request this Hon’ble Court on behalf of my client Babita to pass appropriate decree of divorce in terms of the settlement and by giving appropriate directions to the parties. The aforesaid deposition on behalf of Babita is in consonance with the instructions imparted to me.” 9. The terms of settlement received with the report of learned Mediator, endorsed by learned counsel for the parties under instructions of their respective clients, read as under: Terms of Settlement -6- 2026:HHC:6393 “1. That the parties to this deed were married to each other as per Hindu Customs as rites prevalent in the area. 2. That one female issue namely Arayana has been born out of the said wedlock and is presently in the care & custody of Second Party. 3. That after the marriage between the parties, the relation between them got strained due to some misunderstandings and there remained disputes between the couple due to which the couple couldn’t lead a happy life. 4. That as considerable time has elapsed from the date of marriage and the parties to this deed being mature and upon their own volition and free consent have agreed to settle their disputes once and for all by way of dissolution of marriage between them upon terms as mentioned herein under: A. That First Party-Husband and second Party- Wife have agreed to dissolve the marriage between them provided First Party-Husband shall pay a Lump-Sum Amount of Rs. 20,00,000/- (Twenty Lakhs Only) to Second Party- Wife as Future Alimony & Permanent Maintenance which shall be payable to the Second party- Wife in three installments Viz. First Installment of Rs. 8,00,000/- ( Eight Lakhs Only), Second and Third installment of 6,00,000/- (Six Lakhs Only), each which is acceptable to the Second party-Wife and -7- 2026:HHC:6393 Second party-Wife has also agreed not to claim any maintenance from First Party- Husband in future once she receives complete Amount of Rs. 20,00,000/- (Twenty Lakhs Only). The first Party- Husband shall make payment of future Alimony in the aforesaid manner on or before 28.02.2026 to the Second Party-Wife which is agreeable to her. B. That First Party-Husband has also been ordered vide order dated 01.01.2022 passed in Case no. 77/2019 titled as Babita Versus Gurditta by Learned Principal Judge Family Court Chamba to Pay a sum of Rs. 8,600/- (Eighty Six Hundred) per month to his daughter namely Arayana. However, First Party-Husband has also agreed to pay enhanced monthly maintenance to the tune of Rs.12,000/- (Twelve Thousand Only) per month to his daughter with effect from 01.01.2026. C. That apart from paying enhanced monthly maintenance, the First Party-Husband shall also bear all the educational, boarding, lodging, tuition fees & coaching expenses of his Daughter Arayana. D. That also First Party-Husband has also agreed to get her daughter married and to bear all the expenses of her marriage. -8- 2026:HHC:6393 E. That further First Party-Husband has also agreed to convey to his daughter, half of his estate. F. That both the parties to this deed have already exchanged and handed over to each other, their articles, jewellery, clothes etc. and there is nothing to receive from either party as in articles, jewellery, clothes etc. G. That Custody of Minor Daughter shall always remain with Second Party-Wife. However, First Party-Husband reserves his right to visit and meet his minor daughter Arayana upon prior notice of same to second party and the second party shall not restrict or disallow the First Party from visiting and meeting his minor daughter. 5. That upon above said terms and conditions, both the parties have agreed to dissolve their marriage by preferring appropriate petition for dissolution of marriage before Competent Court of Law. 6. That in case any of the party breaches the terms and conditions as set out in this deed, the other party shall have the right to file/pursue appropriate litigation against the defaulting party in competent Court of Law. 7. The parties declare and approve that both the parties have settled all their disputes amicably and have decided to put their marriage to an end. -9- 2026:HHC:6393 In witness whereof, the parties have of their own volition entered into this Deed/Agreement upon mature consideration, and it is expressly based upon the premise that both parties have made full disclosure of material facts and that neither party has concealed any significant/material fact.” 10. Pursuant to the settlement, lumpsum amount of alimony Rs.20,00,000/- (Rupees Twenty Lacs) has been paid by Gurditta Ram to respondent Babita in two instalments receipt of which has been duly endorsed by respondent No.1 Babita, through her counsel. 11. In view of above, Gurditta Ram is directed to pay enhanced monthly maintenance to the tune of Rs.12,000/- to his daughter Arayana through respondent No.1 Babita with effect from 01.01.2026 and such amount shall be paid by him on or before 7th day of every month for which it shall be due. 12. The appellant-Gurditta Ram shall also bear all educational, boarding, lodging, tuition fees and coaching expenses of his daughter apart from paying enhanced monthly maintenance. Gurditta Ram shall also bear the expenses of marriage of his daughter and he shall also convey half of his estate to his daughter. The custody of daughter shall remain -10- 2026:HHC:6393 with respondent No.1-Babita, however, Gurditta Ram shall have right to visit and meet his daughter Arayana by giving prior notice to respondent No.1-Babita and respondent No.1 shall not restrict or disallow Gurditta Ram from visiting and meeting his daughter. 13. During the pendency of present appeals, Gurditta Ram has deposited amount of maintenance payable to his daughter Arayana, which is lying in the Registry. The same shall be released in favour of Arayana after attaining the age of majority of 18 years. However, in case, any necessity arises for receiving the said amount, but for the benefit/education of his daughter Arayana, the same shall be released in her favour on filing appropriate application depicting such emergent circumstance and such application shall be decided on its own merit by taking circumstance prevailing at that time. Till then, the amount shall be invested as per rules initially for 6 years or more or less percent which would be beneficial to the minor. 14. With the aforesaid directions and in terms of the settlement arrived at between the parties before learned Mediator, reproduced (supra), the marriage of appellant- Gurditta Ram and respondent No.1-Babita is dissolved by way -11- 2026:HHC:6393 of a decree of dissolution of marriage by mutual consent of the parties treating petition preferred by Gurditta Ram before Family Court as petition filed under Section 13 (B) of the Hindu Marriage Act. The terms of settlement referred (supra) shall form part of the decree. 15. Before parting, we would like to record words of appreciation for learned Mediator Kiran Singh, (Kiran Chona), Advocate, for her earnest efforts for materializing settlement and also for learned counsel and parties whose active cooperation has resulted into happy ending of litigation. 16. The appeals are disposed of in the aforesaid terms. The pending application(s), if any, also stands disposed of. (Vivek Singh Thakur) Judge 9th March, 2026 (Ranjan Sharma) (GR) Judge