Smt. Saloni Manchanda vs Sh. Pankaj Manchanda on 27 March, 2018

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Himachal Pradesh High Court

Smt. Saloni Manchanda vs Sh. Pankaj Manchanda on 27 March, 2018

Bench: Sanjay Karol

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .


                                    CMPMO No. 346 of 2017

                                    Date of Decision : March            27 , 2018





    Smt. Saloni Manchanda                                           ...Petitioner

                                    Versus

    Sh. Pankaj Manchanda


    Coram:
                       r               to                           ...Respondents

The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.

Whether approved for reporting? No. 1

For the petitioner : Ms. Bhawna Dutta, Advocate, for the petitioner.

For the respondent : Mr. Satyen Vaidya, Senior Advocate, with Mr. Vivek Sharma, Advocate, for the respondent.

Sanjay Karol, ACJ. (Oral) Smt. Saloni Manchanda, petitioner herein, filed the instant petition under Article 227 of the Constitution of India against the order dated 29.7.2017 passed by Distrct Judge (Forest), Shimla, in HMA No. 3 of 2008, titled as Whether reporters of Local Papers may be allowed to see the judgment?

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Pankaj Manchanda vs. Saoni Manchanda. With the consent of the learned counsel for the parties, the matter was .

referred to the mediation of Mr. Naresh K. Sood, learned Senior Counsel.

2. It is heartening to note that with the efforts put in by the learned Mediator, parties amicably resolved their dispute in the following terms, which stands recorded in the mediation proceedings:

"1. That pending petition filed by respondent Sh.

Pankaj Manchanda against the petitioner under Hindu Marriage Act for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 shall be allowed and a decree of divorce by way of dissolution of marriage between the parties will be passed on the ground that since the parties to the said petition are living separately for the last more than 10 years and that their matrimonial ties cannot be retrieved and have reached a stage of complete breakdown and there is no possibility of their reunion even in the future. Thus, the aforesaid decree for divorce between the parties will be passed;

2. That the Civil Suit/Case No. 150-1 of 13 of 2008 with amended title "Saloni Manchanda & two others vs. Pankaj Manchanda & three others is also pending in the Court of Civil Judge (Sr. Division), Shimla, wherein Smt. Saloni Manchanda, Ms. Khushbu Manchanda and Master Anuj Manchanda are the ::: Downloaded on - 03/04/2018 22:52:13 :::HCHP 3 plaintiffs and Sh. Pankaj Manchanda, Gautam Manchands (brother of Pankaj), Smt. Madhu @ .

Pushpa Manchanda (mother of Pankaj) and one Sh.

Rakesh Gupta are defendants. That on the basis of the present settlement this suit has also been settled between the parties to the suit and the same will be deemed to have been compromised. All the claims and entitlements raised in the suit by the plaintiffs will be deemed to have been satisfied with the present settlement.;

3. That it is part of the settlement that a lump sum amount of Rs. 20,00,000/- will be paid by the respondent Sh. Pankaj Manchanda to Smt. Saloni Manchanda in full satisfaction of all the pending claims of all concerned raised in the aforesaid suit and also in full and final settlement of permanent alimony of Smt. Saloni Manchanda;

4. In addition, the parties have agreed and accepted that there will be on claim whatsoever of any kind on any count between the parties to the present petition and also the parties to aforesaid civil suit and this way all the pending, past or future claims whatsoever between the parties to the present petition and the civil suit will be deemed to have been satisfied in entirety. It has also been agreed between the parties that the entire payment of Rs. 20,00,000/- will be made in the name of Smt. Saloni Manchanda. Out of the aforesaid amount of Rs. 20,00,000/- an amount of Rs. 10,00,000/- will be paid by respondent Sh. Pankaj Manchanda to Smt. Saloni Manchanda in the Hon'ble High Court when ::: Downloaded on - 03/04/2018 22:52:13 :::HCHP 4 the main case out of which the present mediation proceedings have arisen are taken up by the Hon'ble .

court. The balance amount of Rs. 10,00,000/- will be paid by the respondent in the name of Smt. Saloni Manchanda within four weeks from today.

5. In addition to the aforesaid amount of Rs.

20,00,000/-, it has also been agreed between the parties and also by Ms. Khushbu Manchanda and Sh. Anuj Manchanda that the respondent Sh. Pankaj Manchanda within a period of twelve weeks from today shall pay an amount of Rs. 2,00,000/- over and above the aforesaid amount of Rs. 20,00,000/- to Ms. Khushbu Manchanda and shall procure a fixed deposit receipt of the said amount from a Nationalized Bank in the name of Ms. Khushbu Manchanda with the rider that the aforesaid amount of Rs. 2,00,000/- will only be spent solely on solemnization of marriage of Ms. Khushbu which will be treated as contribution of the respondent towards the marriage expenses of Ms. Khushbu Manchanda and before that the said FDR will not be encashed.

6. That in order to give complete effect to the present settlement both the parties will take appropriate steps before the Hon'ble Court for due and appropriate representation of all the parties to the present petition and also the aforesaid civil suit and the pending petition for divorce petition and if need be, the said suit and pending divorce petition between the parties will also be withdrawn from the records of the respective courts by the Hon'le High ::: Downloaded on - 03/04/2018 22:52:13 :::HCHP 5 Court and both the cases will be disposed of in terms of this settlement by the Hon'ble High Court.

.

7. The parties have once again reiterated that with the present settlement neither there remains any claim, demand whatsoever of any kind for the past nor there is any other demand which may be raised in future against each other between the parties to the suit on any count whatsoever and with the payment of aforesaid amount of Rs. 20,00,000/-

and Rs. 2,00,000/- (in all twenty two lacs) in the manner and mode as detailed before, this settlement shall be deemed to have been fully complied between the parties. It is made clear and understood and accepted by the respondent and also all concerned to this settlement that any breach of the terms of this settlement in payment of the amount as agreed above will result in revival of all the pending litigations which have been settled hereinabove;

8. The parties have also separately understood, accepted and undertaken that any breach of the respective obligations of this settlement by any of the parties in addition will also result in breach of undertaking to the Hon'ble Court and all consequential actions for such beach in law shall also follow against the erring party in as much as the parties have voluntarily agreed that in addition to these terms of settlement will also amount to an undertaking to the Hon'ble Court as the Hon'ble Court has been requested by way of this settlement to act upon on the assurance of the parties that they will remain bound by such terms;"

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Report of learned Mediator (Ex.P-1) is taken on record.

3. On 24.3.2018, when the matter came up for hearing, the Court passed the following order:

"Happily, with the intervention of the learned counsel for the parties, as also efforts put in by Mr. Naresh K. Sood, learned Mediator, parties have amicably resolved their dispute. The compromise (Ex.P-1) shall form part of the order.

Parties are present in Court. Their statements have been recorded separately and placed on the file.

Record of the proceedings i.e. Civil Suit No. 150-1 of 13 of 2008, titled as Saloni Manchanda & two others vs. Pankaj Manchanda & three others, pending before the Civil Judge (Senior Division), Shimla, as also HMA RBT No. 6-S/3 of 2015/2008, titled as Sh. Pankaj Manchanda Vs. Smt. Saloni Manchanda, pending before the learned District Judge (Forests) Shimla, H.P. be called for through a special messenger.

List on 27.03.2018."

4. Same day statements of the parties were separately recorded which are also reproduced as under:

"Statement of Smt.Saloni Manchanda, aged 46 years wife of Shri Pankaj Manchanda, resident of Khanna Bhawan, Near Monal Public School, Sanjauli, Shimla-6, H.P. ::: Downloaded on - 03/04/2018 22:52:13 :::HCHP 7 On oath 24.03.2018.

.

I have entered into settlement with my husband. All terms of compromise and settlement stand incorporated in the order sheet of learned Mediator, which I have signed in Circle 'A', which is exhibited as Ex.P-1 I undertake to abide by the same and made aware of breach of the consequences thereof. I have been authorized on behalf of my children, namely, Anuj Manchanda and Khushboo Manchanda, who have now attained the majority to also make statement on their behalf. They are also bound by the terms of the compromise, which stands fully explained to and understood by them. Their written authorizations are Ex.P-2 & Ex.P-3."

AND "Statement of Pankaj Manchanda, aged 55 years son of late Shri M.L. Manchanda, resident of Manchanda House, Dhingu Mandir Road, Sanjauli, Shimla-171 006 On oath 24.03.2018.

I have entered into settlement with my wife.

All terms of compromise and settlement stand incorporated in the order sheet of learned Mediator (Ex.P-1), which I have signed in Circle 'B'. I undertake to abide by the same and made aware of breach of the consequences thereof."

5. Today again the parties appeared and made the following statements:

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"Statement of Smt. Saloni Manchanda wife of Sh. Pankaj Manchanda, Resident of Khanna Bhawan Near Monal Public School, Sanjauli, Shimla-6, H.P. Aged: 46 years (Petitioner) .

On S.A. March 27, 2018 I have received payment in terms of the settlement (Ext. P-1). Cheque bearing No. 481905, dated 16.3.2018, amounting to `20,00,000/- (rupees twenty lacs) of Punjab & Sind Bank and FDR in the sum of `2,00,000/- (rupees two lacs) in the name of Ms. Khushbu Manchanda stands received in Court. I withdraw all cases being Civil Suit No. 150-1 of 2013/08, titled as Saloni Manchanda & others vs. Pankaj Manchanda & others, pending in the Court of Civil Judge (Sr. Division) Shimla, as being fully satisfied in view of the full and final settlement arrived at between us. I request that decree of divorce on the basis of mutual consent be passed and marriage be dissolved. We have settled all claims qua maintenance (if any), inheritance, guardianship etc."

AND "Statement of Sh. Pankaj Manchanda son of late Sh. M.L. Manchanda, Resident of Manchanda House, Dhingu Mandir Road, Sanjauli, Shimla-6, H.P. Aged: 55 years (Respondent) On S.A. March 27, 2018 I have made payment in terms of the settlement (Ext. P-1). Cheque bearing No. 481905, dated 16.3.2018, amounting to `20,00,000/- (rupees twenty lacs) of Punjab & Sind Bank and FDR in the sum of `2,00,000/- (rupees two lacs) in the name of ::: Downloaded on - 03/04/2018 22:52:13 :::HCHP 9 Ms. Khushbu Manchanda stands handed over in Court as full and final settlement arrived at between .

us. I request that decree of divorce on the basis of mutual consent be passed and marriage be dissolved. We have settled all claims qua maintenance (if any), inheritance, guardianship etc."

6. One notices that parties have voluntarily settled all disputes of their matrimonial relationship including maintenance, inheritance, paternity, custody and claims etc. No claim of whatsoever nature survives or is accruable against each other. Rights of the children also stand settled. Respondent-husband/father has paid the amount towards full and final settlement of all claims. Cases being Civil Suit No. 150-1 of 13 of 2008, titled as Saloni Manchanda & two others vs. Pankaj Manchanda & three others, pending before the Civil Judge (Senior Division), Shimla, stands withdrawn by Smt. Saloni Manchanda (petitioner).

7. Insofar as HMA Petition No. RBT No. 6-S/3 of 2015/2008, titled as Sh. Pankaj Manchanda Vs. Smt. Saloni Manchanda, pending before the learned District Judge (Forests) Shimla, H.P., is concerned, the same is treated to ::: Downloaded on - 03/04/2018 22:52:13 :::HCHP 10 have been filed for dissolution of marriage by mutual consent and as such, as prayed for, marriage between the .

parties i.e. Saloni Manchanda and Pankaj Manchanda, solemnized on 14.01.1993 is dissolved by way of mutual consent. I am of the considered view that the terms of the compromise entered into between the parties are just, fair and legal. The compromise is also in favour of the parties as also in the interest of justice. All claims be of whatever nature, past, present or future, out of the relationship in issue, stand settled.

8. Terms of settlement incorporating the proceedings of Mediation reproduced supra and statements of the parties dated 24.3.2018 and 27.3.2018 also reproduced supra shall form part of the decree. Decree sheet be drawn up accordingly.

9. Copies of judgment be placed on the file of Civil Suit No. 150-1 of 13 of 2008, titled as Saloni Manchanda & two others vs. Pankaj Manchanda & three others, as also HMA RBT No. 6-S/3 of 2015/2008, titled as Sh. Pankaj Manchanda Vs. Smt. Saloni Manchanda.

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10. Efforts put in by learned counsel for the parties and more particularly Mr. Naresh K. Sood, learned Senior .

Counsel, who helped parties to arrive at an out of Court settlement are highly appreciable.

11. It shall be open for the parties to approach the Court in the event of the any difficulty faced in implementing the compromise.

Petition stands disposed of accordingly, so also pending applications, if any.

(Sanjay Karol), Acting Chief Justice.

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