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HIGH COURT OF DELHI
MAT.APP.(F.C.) 27/2014
MS SIMOL Appellant
Through Mr. Sanjay Mani Tripathi, Adv. along with appellant in person.
MAT.APP.(F.C.) 27/2014
MS SIMOL Appellant
Through Mr. Sanjay Mani Tripathi, Adv. along with appellant in person.
VERSUS
SH SHEETAL KUMAR NEHRA Respondent
Through Respondent in person.
Through Respondent in person.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE I.S.MEHTA
27.03.2015 Agreement for settlement dated 25.03.2015 has been placed onrecord bythe parties herein. Both the parties are present in Court. The appellant is also assisted by her counsel Mr. S.M. Tripathi, Advocate. Both the parties have agreed to settle all their pending disputes in terms of the said MoU.
The respondent has already returned one double bed, one fridge and one iron almirah to the appellant along with payment of an amount of Rs.10,000/-.
The appellant present in Court acknowledges receipt of these items along with the said amount of Rs.10,000/-. The parties have also agreed to seek divorce bymutual consent interms ofSection 13(B) ofHindu Marriage Act and steps in this regard shall be taken by the parties within a period of 15 days from this date. The parties have also agreed that they shall file the said petition before the Principal Judge, Family Court, Rohini. The parties have also agreed that they will withdraw all the cases so far filed by them against each other and they undertake that steps in this regard will betaken within a period of two weeks from the date of this order. The parties have also agreed that they will not claim any maintena,nce from each other. The
2015:DHC:11662-DB parties have also stated that they have agreed upon the terms and conditions mentioned in the said settlement agreement out of their free will and consent andwithout anysortofpressure upon them.
Learned counsel for the appellant and the parties are present in person. By way of this appeal, challenge has been made to the
HON'BLE MR. JUSTICE I.S.MEHTA
27.03.2015 Agreement for settlement dated 25.03.2015 has been placed onrecord bythe parties herein. Both the parties are present in Court. The appellant is also assisted by her counsel Mr. S.M. Tripathi, Advocate. Both the parties have agreed to settle all their pending disputes in terms of the said MoU.
The respondent has already returned one double bed, one fridge and one iron almirah to the appellant along with payment of an amount of Rs.10,000/-.
The appellant present in Court acknowledges receipt of these items along with the said amount of Rs.10,000/-. The parties have also agreed to seek divorce bymutual consent interms ofSection 13(B) ofHindu Marriage Act and steps in this regard shall be taken by the parties within a period of 15 days from this date. The parties have also agreed that they shall file the said petition before the Principal Judge, Family Court, Rohini. The parties have also agreed that they will withdraw all the cases so far filed by them against each other and they undertake that steps in this regard will betaken within a period of two weeks from the date of this order. The parties have also agreed that they will not claim any maintena,nce from each other. The
2015:DHC:11662-DB parties have also stated that they have agreed upon the terms and conditions mentioned in the said settlement agreement out of their free will and consent andwithout anysortofpressure upon them.
Learned counsel for the appellant and the parties are present in person. By way of this appeal, challenge has been made to the
ORDER
and decree dated 11.11.2013 whereby the divorce petition preferred by the appellant was dismissed.
Considering the fact that in terms of the said settlement agreement dated 25.03.2015 theparties have agreed to seek divorce bymutual consent, nothing survives in the present appeal. The same is dismissed having become infructuous. The parties shall now remain bound bytheterms ofthe said MoU dated 25.03.2015 and they shall notdeviate from any oftheterms agreed upon bythem under any circumstances whatsoever. The parties shall also take steps to seek divorce by mutual consent and first motion petition shall be preferred by them before the Principal Judge, Family Court, Rohini within a period of two weeks from the date of this order and within the said period both the parties shall take necessary steps to withdraw all the cases which have been filed by them against each other even though the details of these cases have not been mentioned in the settlement agreement dated
25.03.2015.
KAILASHGAMBHIR, J 5.MEHTA, J MARCH 27, 2015 2015:DHC:11662-DB
Considering the fact that in terms of the said settlement agreement dated 25.03.2015 theparties have agreed to seek divorce bymutual consent, nothing survives in the present appeal. The same is dismissed having become infructuous. The parties shall now remain bound bytheterms ofthe said MoU dated 25.03.2015 and they shall notdeviate from any oftheterms agreed upon bythem under any circumstances whatsoever. The parties shall also take steps to seek divorce by mutual consent and first motion petition shall be preferred by them before the Principal Judge, Family Court, Rohini within a period of two weeks from the date of this order and within the said period both the parties shall take necessary steps to withdraw all the cases which have been filed by them against each other even though the details of these cases have not been mentioned in the settlement agreement dated
25.03.2015.
KAILASHGAMBHIR, J 5.MEHTA, J MARCH 27, 2015 2015:DHC:11662-DB