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HIGH COURT OF DELHI
CS(OS) 2332/2014 & IA No.14544/2014
QUEENY PRADHAN ..... Plaintiff
Through : Mr. S.S. Jauhar, Advocate
Through : Ms. Manita Verma, Advocate with defendant in person.
JUDGMENT
1. Pursuant to the order dated 7.9.2015, Ms. Manita Verma, Advocate is present along with the defendant and explains her absence in the Court yesterday by submitting that the defendant had informed her that he would appear in the case on his own. She submits that she was not aware of the fact that the defendant had engaged some other counsel to appear for him in the case.
2. On the first call, the case was passed over to enable the parties to resolve some minor issues raised by the defendant in the First Motion for divorce drafted by the plaintiff’s counsel. On the second call, counsels for the parties jointly state, on instructions, that the issues raised by the defendant have been satisfactorily addressed and both the parties have signed the newly drafted First Motion, original 2015:DHC:7414 whereof has been handed over to the plaintiff’s counsel. They state that now the Settlement Agreement dated 13.5.2015 be taken on record and the suit be decreed in terms thereof.
3. Upon the parties being referred to the mediation, they have been able to negotiate a settlement before the Delhi High Court Mediation & Conciliation Centre, reduced into writing on 13.5.2015. The terms and conditions of the settlement have been set out in para 10 of the Agreement, whereunder both the parties have agreed that they shall file a joint application for dissolution of marriage by mutual consent before the competent court on or before 23.5.2015.
4. Counsels for the parties state that now that the defendant has signed the First Motion, the plaintiff shall submit the same before the competent court tomorrow itself.
5. Counsel for the plaintiff states that the defendant has been rather slippery in discharging his obligations under the agreement and he may be directed to ensure that he remains present before the competent court at the time when the First Motion is taken up and on the second motion being filed later on.
6. Counsel for the defendant undertakes that her client shall abide by the terms and conditions of the settlement and appear before the competent court when the First Motion is moved and subsequently, when the second motion is filed.
7. Counsel for the plaintiff points out that the defendant has not paid the sum of Rs.5,000/- per month that he had agreed to pay towards the maintenance of the minor child of the parties in terms of clause 10(b) of the Settlement Agreement.
8. Counsel for the defendant assures the Court that the defendant shall pay the arrears for the months of June, July and August, 2015 to the plaintiff before the competent court at the time when the First Motion is moved and he undertakes to pay the monthly maintenance for the minor child @Rs.5,000/- per month on or before the 15th day of each calendar month as already agreed.
9. The defendant has also agreed to pay a sum of Rs.1.00 lac to the plaintiff in full and final settlement of all her claims, subject matter of the present suit, and the parties have agreed that the said amount shall be paid by the defendant to the plaintiff at the time of filing the second motion.
10. The remaining terms and conditions of the settlement have been set out in para 10(e) to (j) of the Settlement Agreement dated 13.5.2015.
11. Counsels for the parties jointly state that the suit may be decreed in terms of the settlement arrived at between the parties.
12. The Court has perused the Settlement Agreement dated 13.5.2015. The same has been signed by the plaintiff and the defendant and by their respective counsels as also by the learned Mediator. As the counsels for the plaintiff and the defendant jointly state that they have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the settlement. The Settlement Agreement is taken on record and the parties shall remain bound by the terms and conditions recorded therein.
13. The suit is decreed in terms of the settlement arrived at between the parties. Decree sheet be drawn accordingly.
14. The suit is disposed of along with the pending application, while leaving the parties to bear their own expenses.
15. File be consigned to the record room. HIMA KOHLI, J SEPTEMBER 08, 2015 sk/ap