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Smt. Saloni Manchanda vs Coram on 27 March, 2018

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?

03/04/2018 22:52:13 :::HCHP
2

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

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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

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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

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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.

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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

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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

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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.

March 27 , 2018 (PK)

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