Ashima Singh v. Sundesh Singh

Delhi High Court · 03 Jul 2015 · 2015:DHC:10795
Vipin Sanghi
CM(M)348/2012 & C.M.NOS.8223/2012,9242/2015; CM(M)467/2012 & C.M.No.7224/2012
2015:DHC:10795
family appeal_allowed

AI Summary

The Delhi High Court upheld and enforced a voluntary settlement in a matrimonial dispute, disposing of all pending proceedings in accordance with the Memorandum of Understanding between the parties.

Full Text
Translation output
$-25-26 HIGH COURT OF DELHI
CM(M)348/2012&C.M.NOS.8223/2012,9242/2015
SMT ASHIMA Petitioner
Through: Mr. Lai Singh Thakur, Adv. a/w petitioner in person
VERSUS
SUNDESH SINGH Respondent
Through: Mr. M.P. Singh, Adv. with Mr. Puneet Agrawal
CM(M)467/2012& C.M.No.7224/2012
SUNDESH SINGH Petitioner
Through: Mr. M.P. Singh, Adv. with Mr. Puneet Agrawal
VERSUS
ASHIMA SINGH ....Respondent
Through: Mr. Lai Singh Thakur, Adv. a/w respondent in person
CORAM:
HON'BLE MR.JUSTICE VIPIN SANGHI
03.07.2015 Learned counsels state that a settlement has been reached between the parties which is contained in a Memorandum of Understanding (MOU) dated 02.07.2015.The original settlement cum MOU signed by the appellant as well as the father and attorney of the respondent and attested by two witnesses has been placed on record along with the affidavit of the
2015:DHC:10795 petitioner's wife in C.M.(M)No.348/2012. Similarly, the affidavit of the father and attorney of the respondent Sundesh Singh has been filed on reeord in C.M.
(M)No.467/2012 preferred by Sundesh Singh.
Under the terms of the settlement, it has been agreed between the parties that Sundesh Singh, the husband shall make payment of Rs.l5 laes towards full and final settlement ofthe claims ofthe petitioner/wife towards her maintenance and alimony. The husband has also agreed to pay
Rs.10,000/- per month for the upbringing ofthe minor child who is in the custody ofthe mother till she attains the age of 18 years. The parties have agreed that they shall mutually obtain divorce and shall withdraw all other proceedings instituted by them against each other in terms ofthe MOU.
The petitioner wife as well as the attorney and father of the respondent are both present and have been shown the MOU. Both ofthem state that the said MOU has been executed by them oftheir own free will and accord,and they undertake to the Courtto stand by the same. The father and attorney ofthe husband has also stated that he has acted on the specific instructions ofhis son. The MOU is accordingly marked as Exhibit X/1.
The petition stands disposed of in terms of the MOU Exhibit X/1, which shall continue to bind the parties.
VIPIN SANGHI,J JULY 03,2015 sr 2015:DHC:10795
JUDGMENT