2026:HHC:7161 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.R.(FC) No.75 of 2025 Date of decision: 16.03.2026 Tek Chand. ...Petitioner. Versus Narvada Kumari. …Respondent. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the petitioner : Ms. Vishali Lakhanpal, Advocate, vice Mr. Naresh K. Sharma, Advocate. For the respondent : Mr. Jiya Lal Thakur, Advocate, vice Mr. Devender K. Sharma, Advocate. Vivek Singh Thakur, Judge In this revision petition, husband-Tek Chand has approached this Court against order dated 06.10.2025 (sic 2022) passed by Additional Principal Judge, Family Court, Sundernagar, District Mandi, in case bearing Registration No.229/2022 (Narvada Kumar vs. Tek Chand) filed under Section 125 of Criminal Procedure Code (‘Cr.P.C.’), whereby petitioner has been directed to pay Rs.2,500/- per month to the respondent towards maintenance w.e.f. 01.06.2025. 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes -2- 2026:HHC:7161 2. During pendency of the present petition, matter was referred for mediation for exploring the possibility of amicable settlement between the parties. Matter has been amicably settled before the learned Mediator and both parties have agreed to dissolve their marriage by mutual consent by filing a joint petition under Section 13-B of the Hindu Marriage Act, 1955, before Competent Court, i.e. Family Court. 3. Parties are present in person. Their statements on oath have also been recorded. 4. Statement of the petitioner-Tek Chand reads as under:- “Statement of Mr. Tek Chand son of Mr. Atma Ram, aged 43 years, resident of Village Mehra, P.O. Balag, Tehsil Nihri, District Mandi, Himachal Pradesh. On Oath 16.03.2026 My marriage was solemnized with petitioner-Narvada Kumari on 26.05.2014 as per Hindu rites and ceremonies. Out of the wedlock, two children, namely Kumari Monika Thakur (daughter), aged 11 years, and Master Boby Thakur (son), aged 08 years, were born. Due to strained relations, we have not been living together for the last about five years. After giving thoughtful consideration, we have arrived at the conclusion that we cannot live together and for the betterment of both of us as well as our children, it would be appropriate to dissolve our marriage with mutual understanding. We have agreed to file a joint petition under Section 13-B of the Hindu Marriage Act seeking divorce by mutual consent before the Competent Court, i.e. the Family Court, with immediate effect from the date of filing of the petition. We have also agreed that the children shall reside with father (Tek Chand), who shall maintain them, and Narvada Kumari (mother) shall have visitation rights to visit the children. In full and final settlement of the disputes arising out of matrimonial relationship, we have agreed that we waive off any sort of claim towards permanent alimony, past, present or future maintenance and nothing remains to each other. A settlement deed has been reduced into writing before the learned Mediator, which is annexed as Exhibit C-1. I have -3- 2026:HHC:7161 gone through the contents of the settlement deed. The same has been duly signed by me (Tek Chand) and the respondent (Narvada Kumari), as well as by the counsel representing us. We shall abide by the terms of the settlement deed. My aforesaid deposition is true and correct in terms of the compromise/settlement deed arrived at between us. I have entered into the compromise and am making this statement in the Court today out of my free will and consent, without any external pressure, coercion, or threat of any kind.” 5. Statement of the respondent-Narvada Kumari reads as under:- “Statement of Ms. Narvada Kumari wife of Mr. Tek Chand, aged 26 years, resident of Village Mehra, P.O. Balag, Tehsil Nihri, District Mandi, Himachal Pradesh. On Oath 16.03.2026 My marriage was solemnized with petitioner-Tek Chand on 26.05.2014 as per Hindu rites and ceremonies. Out of the wedlock, two children, namely Kumari Monika Thakur (daughter), aged 11 years, and Master Boby Thakur (son), aged 08 years, were born. Due to strained relations, we have not been living together for the last about five years. After giving thoughtful consideration, we have arrived at the conclusion that we cannot live together and for the betterment of both of us as well as our children, it would be appropriate to dissolve our marriage with mutual understanding. We have agreed to file a joint petition under Section 13-B of the Hindu Marriage Act seeking divorce by mutual consent before the Competent Court, i.e. the Family Court, with immediate effect from the date of filing of the petition. We have also agreed that the children shall reside with father (Tek Chand), who shall maintain them, and Narvada Kumari (mother) shall have visitation rights to visit the children. In full and final settlement of the disputes arising out of matrimonial relationship, we have agreed that we waive off any sort of claim towards permanent alimony, past, present or future maintenance and nothing remains to each other. A settlement deed has been reduced into writing before the learned Mediator, which is annexed as Exhibit C-1. I have gone through the contents of the settlement deed. The same has been duly signed by me (Narvada Kumari) and the petitioner (Tek Chand), as well as by the counsel representing us. We shall abide by the terms of the settlement deed. My aforesaid deposition is true and correct in terms of the compromise/settlement deed arrived at between us. I have entered into the compromise and am making this statement in the Court today out of my free will and consent, without any external pressure, coercion, or threat of any kind.” -4- 2026:HHC:7161 6. Terms of compromise have been reduced into writing before learned Mediator. The Settlement Deed has been endorsed by parties in their respective statement as Exhibit C-1. 7. In view of aforesaid compromise arrived at between the parties, impugned order dated 06.10.2025 is set aside in terms of the compromise. 8. In terms of the compromise, parties are directed to file a joint petition under Section 13-B of the Hindu Marriage Act with mutual consent on or before 31.03.2026 as agreed in the Court today, failing which either of them shall be at liberty to file a petition for dissolution of marriage and in such eventuality, cost of the proceedings shall be borne by the defaulting party. 9. As the parties have agreed for dissolution of marriage after giving complete thought, therefore, they are also exempted from 6 months cooling period and their marriage shall be dissolved by the Competent Court on 1st or 2nd hearing of the petition as far as possible without waiting for the cooling period. 10. Both parties shall remain present at the time of filing the petition for dissolution of marriage before the Competent Court. 11. Terms of settlement are made part of present order. The rights of parties with respect to maintenance, permanent alimony, visitation rights and custody of children shall govern by this order. -5- 2026:HHC:7161 12. Before parting, we would like to record words of appreciation for learned Mediator Mr. Bhuvnesh Sharma, Senior 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. 13. Petition is disposed of in aforesaid terms along with pending applications, if any. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge 16th March, 2026 (Pardeep)