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$-18 HIGH COURT OF DELHI
MAT.APP.(F.C.) 33/2014
SHWETA SHARMA
Appellant
Through: Mr. R.K. Dhawan, Ms. Richa Dhawan, Ms. Archana Chaudhary, Advocates with appellant in person.
MAT.APP.(F.C.) 33/2014
SHWETA SHARMA
Appellant
Through: Mr. R.K. Dhawan, Ms. Richa Dhawan, Ms. Archana Chaudhary, Advocates with appellant in person.
VERSUS
ANKAJ SHARMA
Respondent
Through: Mr. Rahul Tyagi, Advocate with respondent in person.
Respondent
Through: Mr. Rahul Tyagi, Advocate with respondent in person.
CORAM;
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE I.S.MEHTA
08.04.2015 C.M. Appl. No. 6303/2015 (withdrawal of the appeaH
By this application filed under Section 151 of the CPC, the appellant- wife and the respondent - husband seek disposal of the present appeal in terms of the settlement arrived at between them with the intervention of the
Mediation and Conciliation Centre of this Court vide Settlement Agreement dated 21.03.2015. Both the parties are present in Court alongwith their respective counsels.
The present appeal has been preferred by the appellant - wife to
2015:DHC:11664-DB "T- challenge the order of maintenance dated 27.11.2013 passed by the learned
Family Court, Saket, New Delhi. During the pendency ofthe present appeal, this Court vide order dated 02.12.2014 relegated the parties to the process of mediation and accordingly both the parties had participated in the mediation process. Before the Mediation and Conciliation Centre of this Court, the parties have succeeded in settling their disputes vide Settlement Agreement dated 21.03.2015 in which the terms of settlement have been incorporated.
This settlement agreement is duly signed by both the parties and by the learned Mediator. Settlement Agreement is proved on record as Ex. C-1.
In terms of the aforesaid settlement agreement, both the parties have agreed to live together as husband and wife, with their daughter Chitrakshi.
Both the parties have also agreed to withdraw all their disputes/cases, etc. filed by them against each other before the various Courts/Forums/
Authorities/Government Agencies. The parties to the said agreement have duly affirmed and declared that they have voluntarily agreed to settle their disputes out of their free will and choice in the presence of the learned
Mediator.
Based on the aforesaid settlement agreement dated 21.03.2015, the parties have filed the presentjoint applicationwith a prayer to dispose ofthe u present appeal preferred by the appellant - wife.
Considering the fact that both the parties have amicably settled their disputes in terms of the settlement agreement dated 21.03.2015, and for the reasons stated in the present application, the same is allowed.
The application stands disposed of
HON'BLE MR. JUSTICE I.S.MEHTA
08.04.2015 C.M. Appl. No. 6303/2015 (withdrawal of the appeaH
By this application filed under Section 151 of the CPC, the appellant- wife and the respondent - husband seek disposal of the present appeal in terms of the settlement arrived at between them with the intervention of the
Mediation and Conciliation Centre of this Court vide Settlement Agreement dated 21.03.2015. Both the parties are present in Court alongwith their respective counsels.
The present appeal has been preferred by the appellant - wife to
2015:DHC:11664-DB "T- challenge the order of maintenance dated 27.11.2013 passed by the learned
Family Court, Saket, New Delhi. During the pendency ofthe present appeal, this Court vide order dated 02.12.2014 relegated the parties to the process of mediation and accordingly both the parties had participated in the mediation process. Before the Mediation and Conciliation Centre of this Court, the parties have succeeded in settling their disputes vide Settlement Agreement dated 21.03.2015 in which the terms of settlement have been incorporated.
This settlement agreement is duly signed by both the parties and by the learned Mediator. Settlement Agreement is proved on record as Ex. C-1.
In terms of the aforesaid settlement agreement, both the parties have agreed to live together as husband and wife, with their daughter Chitrakshi.
Both the parties have also agreed to withdraw all their disputes/cases, etc. filed by them against each other before the various Courts/Forums/
Authorities/Government Agencies. The parties to the said agreement have duly affirmed and declared that they have voluntarily agreed to settle their disputes out of their free will and choice in the presence of the learned
Mediator.
Based on the aforesaid settlement agreement dated 21.03.2015, the parties have filed the presentjoint applicationwith a prayer to dispose ofthe u present appeal preferred by the appellant - wife.
Considering the fact that both the parties have amicably settled their disputes in terms of the settlement agreement dated 21.03.2015, and for the reasons stated in the present application, the same is allowed.
The application stands disposed of
MAT.APP.(F.C.) 33/2014
In view of the order passed in C.M. Appl. No. 6303/2015 and the
Settlement Agreement dated 21.03.2015 arrived at between the parties before the learned Mediator of Delhi High Court, Mediation & Conciliation
Centre, nothing survives in the present appeal. The present appeal preferred by the appellant - wife isaccordingly disposed of
At this stage, Mr. Rahul Tyagi, Advocate appearing on behalf ofthe respondent has made a submission that the respondent is an IPS Officer and he is required to join his duties within aperiod ofone week and therefore, in view ofthe settlement agreement dated 21.03.2015, this Court may dismiss the petition filed by the respondent seeking divorce on the ground ofcruelty, instead of relegating the respondent again to the learned Trial Court for the said purpose.
Considering the fact that the trial Court records are already with this
'5 Court, therefore we see no reason to decline the request made by the counsel for the respondent. Accordingly, The divorce petition preferred by the respondent beforethe learned Trial Court is dismissed as withdrawn in terms of the settlement agreement dated 21.03.2015 and all the pending applications filed by the respective parties will also not survive any more.
Both the parties shall remain bound by the terms of the settlement agreement arrived at between them.
The present appeal preferred by the appellant as well as main divorce petition preferred by the respondent before the learned Family Court is accordingly disposed of in terms of settlementagreement dated 21.03.2015.
A copy of this order be placed in the trial Court record and the Trial
Court record be sent back.
APRIL 08, 2015 pkb KAILAStfGAMBHIR, J >. MEHTA, J
In view of the order passed in C.M. Appl. No. 6303/2015 and the
Settlement Agreement dated 21.03.2015 arrived at between the parties before the learned Mediator of Delhi High Court, Mediation & Conciliation
Centre, nothing survives in the present appeal. The present appeal preferred by the appellant - wife isaccordingly disposed of
At this stage, Mr. Rahul Tyagi, Advocate appearing on behalf ofthe respondent has made a submission that the respondent is an IPS Officer and he is required to join his duties within aperiod ofone week and therefore, in view ofthe settlement agreement dated 21.03.2015, this Court may dismiss the petition filed by the respondent seeking divorce on the ground ofcruelty, instead of relegating the respondent again to the learned Trial Court for the said purpose.
Considering the fact that the trial Court records are already with this
'5 Court, therefore we see no reason to decline the request made by the counsel for the respondent. Accordingly, The divorce petition preferred by the respondent beforethe learned Trial Court is dismissed as withdrawn in terms of the settlement agreement dated 21.03.2015 and all the pending applications filed by the respective parties will also not survive any more.
Both the parties shall remain bound by the terms of the settlement agreement arrived at between them.
The present appeal preferred by the appellant as well as main divorce petition preferred by the respondent before the learned Family Court is accordingly disposed of in terms of settlementagreement dated 21.03.2015.
A copy of this order be placed in the trial Court record and the Trial
Court record be sent back.
APRIL 08, 2015 pkb KAILAStfGAMBHIR, J >. MEHTA, J
JUDGMENT