IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 481 of 2025.

Reserved on 23.04.2026.

Date of Decision: 04.05.2026.

_______________________________________________________ Shahina Alam …….Petitioner.

Versus Nadeem Alam and others … Respondents. _______________________________________________________

Coram:

Hon’ble Mr. Justice Romesh Verma, Judge.

Whether approved for re porting? ¹ For the petitioner: Mr. Karan Singh Kanwar, Advocate.

For the respondents: Mr. Arsh Chauhan, Advocate.

Romesh Verma , Judge .

The present petition arises out of the order as passed by the learned Chief Judicial Magistrate, Nahan, District Sirmaur, H.P. dated 16.6.2025, whereby the objections filed by the present petitioner to the execution petition under Order 21 Rule 11 and 34 read with Section 151 of CPC for implementing the award passed in Lok Adalat in Case No. 1243/4 of 2018, dated 26.4.2019 has been dismissed.

2. The facts of the case are that the present petitioner Shahina Alam filed a complaint under Section 12 of the Protection of

1 Whether the reporters of the local papers may be allowed to see the judgment?

Women from Domestic Violence Act, 2005 (in short ‘DV Act’) in the Court of learned CJM, Nahan on 25.11.2016. The said aPpplication was duly contested by the respondents. The learned CJM, Nahan passed an interim order under Section 23 of the Act in CMA No. 89/4 of 2016 on 26.11.2016, whereby the Court bel ow observed that the present petitioner Shahina Alam being othe wife of respondent No.1 is entitled to remain in her matrimonial home at her right and not at the mercy of anybody. Further, she has a right to work and she cannot be tortured or harassed or even thrown out from the place of the work. It was held that she ios entitled to work where she is working and not be kept at the mCercy of the respondents, who are her in-laws and thus passed the ex parte interim order on 26.11.2016 restraining the respondents from preventing the petitioner from staying in her matrimonial home or going to her workplace. The ex parte interim iorder passed by the learned Trial Court was made absolute on

27.2.2017 till final decision of the petition.

3. That the petitioner under the provisions of Section 31 of the Protection of Women from Domestic Violence Act, 2005 filed an application on account of breach of interim order passed by the learned Trial Court and the copy of the application has been placed on record as Annexure P-7.

4. That during the pendency of the application, filed under Section 31 of the Act, the parties compromised the matter Pbefore the Lok Adalat on 26.4.2019 in the following manner:-

“Matter taken up before Lok Adalat.

Conciliation tried between the parties, which has been fructified.

Joint statement of the complainant and the accused recorded. In view of joint statement of the complainant and the accused, the present complaint is disposed of to the following terms:-

1. That the complainant Shahina Alam shall continue to reside in the house wherein, she is at present residing till final disposal of the main petition having been filed by her under Section 12 of Protection of Women from Domestic Violence Act and the accused shall continue to reside at village Shambhuwala, where they are residing at present.

2. That the complainant shall continue to work as the Principal of New Era Academy High School and she shal pay to accused No.1 Nadeem Alam monthly rent of the building of the aforesaid school @ Rs. 35,000/- only per month, which shall be deposited by her in the bank account of accused No.1. 3. That whenever, both the children intended to meet the complainant and complainant wanted to meet them, then the accused shall not raise any objection in respect of such meeting.

Let award of the Lok Adalat be drawn accordingly.

File after due completion, be consigned to record room.”

g5. That the compromise was effected in the proceedings and on the basis of the joint statements of the present petitioner and respondent, the matter was closed.

6. That the L