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2026 DAILYLAW 743 (SC)

Naresh Kumar Walia v. Shefali Walia

2026-05-15

Sandeep Mehta, Vikram Nath

body2026
ORDER Mehta, J. 1. Heard. 2. Leave granted. 3. The present appeal by special leave is directed against the judgment and final order dated 19th December, 2022 passed by the High Court of Punjab and Haryana at Chandigarh [Hereinafter, referred to as the “High Court”] in Civil Revision No.1744 of 2022 whereby the High Court, modified the order dated 11th April, 2022 passed by the learned Principal Judge, Family Court, Chandigarh [Hereinafter, referred to as the “Family Court’] in HMA No.833 of 2019 and enhanced the interim maintenance payable by the appellant-husband to the respondent-wife from Rs.20,000/- per month to Rs.1,50,000/- per month with effect from the date of filing of the application i.e. 24th February, 2021. 4. It may be noted that the marriage between the appellant-husband and the respondent-wife was solemnized at Zirakpur, Punjab on 22nd April, 2006 according to Hindu rites and ceremonies. From the wedlock, a son, namely, Aayan Walia was born to the parties on 7th August, 2009. Subsequently, matrimonial disputes arose between the parties leading to institution of multiple proceedings inter se. 5. The appellant-husband instituted a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 [For short, ‘HMA’] seeking dissolution of marriage before the Court of learned Principal Judge, Family Court, Dwarka, New Delhi bearing HMA No.1434 of 2018. Subsequently, on a transfer petition preferred by the respondent-wife, this Court, vide order dated 30th August, 2019, transferred the aforesaid proceedings from the Court of learned Principal Judge, Family Court, Dwarka, New Delhi to the Court of learned Principal Judge, Family Court, Chandigarh, where the same came to be renumbered as HMA No.833 of 2019. Pursuant thereto, the appellant-husband filed an amended divorce petition before the learned Family Court at Chandigarh. 6. During the pendency of the divorce proceedings, the respondent-wife filed an application on 24th February, 2021 under Sections 24 and 26 of the HMA seeking interim maintenance for herself and the minor son, along with litigation expenses. Thereafter, the respondent-wife filed another application on 6th September, 2021 seeking enhancement of the interim maintenance amount from Rs.75,000/- to Rs.1,50,000/- along with litigation expenses. 7. Thereafter, the respondent-wife filed another application on 6th September, 2021 seeking enhancement of the interim maintenance amount from Rs.75,000/- to Rs.1,50,000/- along with litigation expenses. 7. The learned Family Court, after considering the income affidavits and the material placed on record by the parties, vide order dated 11th April, 2022 directed the appellant-husband to pay maintenance pendente lite at the rate of Rs.20,000/- per month to the respondent-wife, who was taking care of the minor child, along with litigation expenses quantified at Rs.22,000/-. 8. Being dissatisfied with the aforesaid order, the respondent-wife preferred the captioned revision petition, being Civil Revision No.1744 of 2022 before the High Court, seeking enhancement of the interim maintenance amount and litigation expenses. The High Court, vide the impugned judgment dated 19th December, 2022, modified the order passed by the learned Family Court and enhanced the maintenance pendente lite to Rs.1,50,000/- per month with effect from the date of filing of the application. 9. Aggrieved by the aforesaid judgment and order, the appellant-husband instituted the present appeal before this Court primarily contending that the High Court enhanced the maintenance amount without assigning adequate reasons and without granting an effective opportunity to the appellant-husband to file a response to the revision petition. It was further contended that the respondent-wife is highly qualified, independently earning and had concealed material particulars relating to her educational qualifications, income and assets. 10. This Court, while issuing notice in the present appeal vide order dated 16th January, 2023, stayed the operation of the impugned judgment subject to the condition that the appellant-husband would continue to pay maintenance at the rate of Rs.1,00,000/- per month regularly and clear the arrears within a period of six months. 11. During the pendency of the present proceedings, various interim orders came to be passed by this Court from time to time regarding payment of maintenance and arrears thereof. Vide order dated 23rd January, 2026, upon a joint request made by learned counsel appearing for the parties expressing the possibility of an amicable settlement, this Court referred the matter to the Supreme Court Mediation Centre. 12. Pursuant to the aforesaid order, mediation proceedings were conducted before the Supreme Court Mediation Centre. However, the mediation proceedings could not fructify. The mediation report submitted before this Court indicated that the parties were unable to arrive at an amicable settlement. 12. Pursuant to the aforesaid order, mediation proceedings were conducted before the Supreme Court Mediation Centre. However, the mediation proceedings could not fructify. The mediation report submitted before this Court indicated that the parties were unable to arrive at an amicable settlement. Accordingly, the matter came to be listed before this Court for further proceedings. 13. Vide order dated 6th April, 2026, this Court directed the matter to be listed for in-camera proceedings and further directed both the parties to remain physically present on the said date. 14. On 6th May, 2026, upon extensive interaction with the parties they felt persuaded to enter an amicable settlement. It was, inter alia agreed that the appellant-husband shall pay a total sum of Rs.80,00,000/- (Rupees Eighty Lakhs only) towards full and final settlement of all claims of permanent alimony of the respondent-wife. It was further agreed that an additional amount of Rs.10,00,000/- (Rupees Ten Lakhs only) towards the value of stridhan shall be deposited in the form of a fixed deposit in the name of the minor son. At the request of the appellant-husband, this Court granted eight weeks’ time to make payment of the entire settlement amount. This Court further directed that a demand draft in the sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) in favour of the respondent-wife be handed over on the next date of hearing i.e., 15th May, 2026, and the balance amount be paid on or before 15th July, 2026. The parties were also directed to remain physically present before this Court on the said date. This Court further directed the learned counsel appearing for the parties to file a joint application under Article 142 of the Constitution of India, incorporating the agreed terms and conditions of settlement and seeking appropriate directions. The order dated 6th May, 2026 is reproduced hereinbelow for ready reference: - “Both the parties are present today along with their respective learned counsel. After due deliberations, the parties have agreed to an amicable settlement on the terms that the petitioner-husband shall pay a total sum of Rs.80,00,000 (Rupees Eighty Lakhs only) towards full and final settlement of permanent alimony along with an additional sum of Rs.10,00,000/- (Rupees Ten Lakhs only) towards the value of stridhan, which amount shall be kept in a fixed deposit in the name of the minor son. The petitioner prays for and is granted eight weeks’ time to pay the entire amount. We direct that the matter be listed on 15th May, 2026. The parties shall remain physically present on the said date. By the said date, a demand draft of Rs.20,00,000/ (Rupees Twenty Lakhs only) in favour of the respondent-wife, shall be handed over. The remaining amount shall be paid on or before 15th July, 2026. Learned counsel for the parties shall file a joint application under Article 142 of the Constitution of India seeking appropriate directions within a week, incorporating all necessary details, including the agreed terms and conditions as noted above.” 15. Pursuant to the directions issued by this Court, the parties filed a joint interlocutory application under Article 142 of the Constitution of India along with the settlement agreement incorporating the agreed terms and conditions, which was taken on record. During the course of hearing, learned counsel appearing for the appellant-husband handed over demand drafts aggregating to Rs.80,00,000/-(Rupees Eighty Lakhs only), drawn in favour of the respondent-wife, along with another demand draft in the sum of Rs.10,00,000/- (Rupees Ten Lakhs only) drawn in favour of the minor son, to the learned counsel appearing for the respondent-wife. 16. In view of the amicable settlement arrived at between the parties, all disputes and differences arising out of the matrimonial discord stand finally and comprehensively resolved, and all pending civil, criminal, and miscellaneous proceedings instituted by either party against the other and/or their respective relatives, including all FIRs, complaints, petitions, applications, and other proceedings pending before any Court, Tribunal, or forum, including the proceedings enumerated hereinbelow, shall stand quashed/closed:- 1. Domestic Violence Complaint No. 481/2018 titled Shefali Walia & Ors. vs. Naresh Kumar Walia 2. Execution No. 570/2024 titled Shefali Walia & Ors. vs. Naresh Kumar Walia 3. Criminal Appeal No. 171/2025 titled Shefali Walia vs. Naresh Kumar Walia 4. Criminal Misc. No. 87/2023 (u/s 340 Cr.P.C.) titled Shefali Walia vs. Naresh Kumar Walia 5. Complaint No. 14571 dated 31.05.2023 before the learned CJM, Chandigarh 6. FIR No. 0154 dated 07.11.2024, Women Police Station, Sector-17, Chandigarh 7. Criminal Revision No. 3125/2025 before the High Court of Punjab & Haryana at Chandigarh 8. Civil Revision No. 2798/2025 before the High Court of Punjab & Haryana at Chandigarh 9. H.M.A. No. 833/2019 (Divorce Case) titled Naresh Kumar Walia vs. Shefali Walia & Ors. 10. FIR No. 0154 dated 07.11.2024, Women Police Station, Sector-17, Chandigarh 7. Criminal Revision No. 3125/2025 before the High Court of Punjab & Haryana at Chandigarh 8. Civil Revision No. 2798/2025 before the High Court of Punjab & Haryana at Chandigarh 9. H.M.A. No. 833/2019 (Divorce Case) titled Naresh Kumar Walia vs. Shefali Walia & Ors. 10. Application No. 120/2021 (u/s 340 Cr.P.C.) titled Naresh Kumar Walia vs. Shefali Walia 11. Guardianship Case No. 48/2021 (Child Custody) titled Naresh Kumar Walia vs. Shefali Walia 12. Misc. Application No. 111/2021 – Contempt (Section 45 GWA) titled Naresh Kumar Walia vs. Shefali Walia 13. Criminal Appeal No. 479/2023 (Section 29 DV Act) titled Naresh Kumar Walia vs. Shefali Walia 14. Criminal Misc. No. 2107/2023 (u/s 340 Cr.P.C.) titled Naresh Kumar Walia vs. Shefali Walia 17. The interlocutory application filed under Article 142 of the Constitution of India is allowed in the aforesaid terms. 18. The appeal shall stand disposed of in the aforesaid terms. 19. Pending application(s), if any, shall stand disposed of.