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2025 Supreme(HP) 1039
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ranjan Sharma, J.
Rajinder Garg - Appellant
Versus
Anu Garg - Respondent
FAO No.117 of 2017
Decided On : 08-01-2025
Advocate Appeared:
For the Appellant :Mr. V.B. Verma, Advocate.
For the Respondent:Mr. Sudhir Thakur Senior Advocate with Mr. Karun Negi, Advocate.
The court recognized the validity of mediation and upheld the parties' settlement agreement stipulating maintenance payments, emphasizing amicable resolutions in divorce cases.
Headnote:(A) Hindu Marriage Act, 1955 - Section 13 and 28 - Appeal for the dissolution of marriage - Petition for divorce dismissed by Lower Court - Matter amicably resolved through mediation leading to a compromise upon payment terms for maintenance - Appellant agreed to pay Rs. 45 lacs to the respondent and Rs. 55 lacs for their son under settlement. Court underscored the binding nature of the compromise and recorded the statements for adherence. (Paras 1-9)
(B) Mediation proceedings - Importance of mediation in resolving family disputes emphasized, encouraging parties to arrive at consensual terms for dissolution of marriage and settlement. (Paras 2-3)
Facts of the case:
The appellant filed for a divorce under the Hindu Marriage Act, which was dismissed. Parties engaged in mediation that led to a proposed settlement regarding maintenance payments. The appellant initially proposed Rs. 35 lacs but eventually settled on paying Rs. 45 lacs and Rs. 55 lacs to his son. Proceedings were conducted to reach a mutual agreement, reflecting the parties' free will.
Findings of Court:
Compromise agreed on terms for payment, underscoring that both parties joined in good faith to resolve their differences. Court recorded a consent decree based on the compromise.
Issues: Whether the appeal can be resolved through mediation; whether the terms of the compromise can be legally binding.
Ratio Decidendi: The court highlighted the significance of amicable settlement in matrimonial disputes, affirming the settlement terms among parties.
Result: The appeal was allowed, and the decree of divorce was granted subject to terms of the compromise.
| Table of Content |
|---|
| 1. court jurisdiction under the hindu marriage act. (Para 1) |
| 2. initiating mediation for amicable resolution. (Para 2 , 3) |
| 3. terms of the compromise agreement. (Para 4) |
| 4. affirmation and acceptance of the compromise deed. (Para 5 , 6 , 7 , 8) |
| 5. dissolution of marriage upon fulfilling compromise conditions. (Para 9) |
JUDGMENT :
Ranjan Sharma, J.
Appellant-Rajinder Garg has filed the instant appeal under Section 28 of the HINDU MARRIAGE ACT , 1955 assailing the judgment passed by Learned Additional District Judge-II, Solan, in HMA No.9FTC/ 3 of 2010/11 [Registration No.502/2013], dated 17.12.2016, titled as Rajinder Garg versus Anu Garg, wherein the petition filed under Section 13 of the HINDU MARRIAGE ACT for dissolution of marriage by decree of divorce was dismissed.
2. During the pendency of the instant appeal [FAO No.117 of 2017], learned counsels appearing for the appellant as well as respondent jointly represented that the matter can be resolved by way of amicable resolution. Accordingly, with the consent of learned counsels for the parties, matter was referred to Mr. G.D. Verma, Learned Senior Counsel with request to act as a Mediator in terms of the order dated 11.11.2014 which reads as under :-
“Learned counsel appearing for the parties, on instructions, represent that there are chances of amicable resolution.
With the consent of the parties, this Court appoints Mr. G.D. Verma, Learned Senior Counsel, to act as a Mediator.
The parties are directed to appear before the Learned Mediator in the High Court Main Mediation Centre, on the date to be fixed by him.
Registry is directed to make available all the records before the learned Mediator.”
3. Pursuant to the orders passed by this Court on 11.11.2024, Mr. G.D. Verma, Learned Mediator, initiated the mediation proceedings on 18.11.2024, then on 9.12.2024 and final mediation proceedings ended in amicable resolution on 27.12.2024. The outcome of the mediation proceedings, undertaken by Learned Mediator is reproduced hereinbelow:-
“FAO No.117 of 207
Rajinder Garg vs. Anu Garg
27.12.2024 Present:
Mr. Virbahadur Verma, Advocate for the appellant alongwith Shri Rajinder Garg appellant is present in person.
Shri Rajinder Garg is also accompanied by his uncle Shri Madan Gupta.
Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate for the respondent alongwith Smt. Anu Garg- respondent is present in person alongwith Mr. Sayam Garg (son).
Also her brothers S/Shri Satish Mital and Shri Mukesh Mital are present in person.
“In continuation of the mediation proceedings which took place on 09.12.2024, today further mediation proceedings have been carried out with the assistance of learned counsel for the parties who both quite cooperative in the mediation proceedings.
On the last date of hearing Shri Rajinder Garg has stated that he is ready and willing to pay a sum of Rs. 55 lacs to his son Mr. Sayam Garg, so that he may be able to maintain himself and also get higher education of his choice. There is no dispute between the parties on this score. On the last date of hearing during mediation proceedings keeping in view the claim of wife Smt. Anu Garg, it was being negotiated in full and final settlement of her claim of past and future and for bringing an end of entire dispute, she should be paid a sum of Rs. 55 lacs. However, time was given to the parties to ponder over the matter.
Today. Smt. Anu Garg, has ready and willing to bring entire litigation to an end on payment of Rs. 55 lacs. However, the appellant-Shri Rajinder Garg is not willing to pay a sum of Rs. 55 lacs.
He says that he is ready and willing to pay her only a sum of Rs. 35 lacs. Shri Rajinder Garg has stated that wife was having FDRs of Rs. 15 lacs in her name and this amount has to be adjusted, because this amount was paid by him.
However, he has not been able to give any proof of this FDRs of Rs. 15 lacs. Smt. Anu Garg has stated that there is no such FDRs of Rs. 15 lacs with her and that such claim was not disclo
