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$-4 HIGH COURT OF DELHI
MAT.APP.(F.C.) 1/2015, C.M. Appl. No. 22-23/2015 (Stay)
NEELAM
Appellant
Through: Mr. Vinod Wadhwa, Advocate with appellant and her father Mr.Surender
Kumar in person.
MAT.APP.(F.C.) 1/2015, C.M. Appl. No. 22-23/2015 (Stay)
NEELAM
Appellant
Through: Mr. Vinod Wadhwa, Advocate with appellant and her father Mr.Surender
Kumar in person.
VERSUS
RAJU
Through:
Respondent Mr. H.R. Verma, Advocate for respondent with respondent in person.
Through:
Respondent Mr. H.R. Verma, Advocate for respondent with respondent in person.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE I.S.MEHTA
12.03.2015 On the last date, parties took time to file a Memorandum of
Understanding. TheMemorandum of Understanding {hereinafter referredas
MOU) dated 12^*^ March, 2015 has been filed in Court today. The same is ordered to be taken on record.
Both the parties are present in Court. They are also duly represented by their respective counsels. The MOU is duly signed by both the parties.
The same is witnessed by the respective counsel and also by father of the
2015:DHC:11675-DB c appellant. Both the parties are present in Court and state that they have signed this MOU after having understood the contents of the same. They also state that they have entered into the MOU out oftheir free will, volition and without there being any kind of pressure upon them. This MOU is proved on record and marked as Ex. 'C. In terms of the said MOU, the parties have settled their pending disputes and in terms of the settlement, respondent - husband has agreed to pay a sum of Rs.2,50,000/- to the appellant in full and final settlement of all her claims towards stridhan/dowry articles, maintenance/alimony, present, past and future or any other claims. Out of the said amount of Rs.2.5 lacs, an amount of Rs.50, 000/- has been paid by the respondent to the appellant today in Court by cash. According to the MOU, the second instalment of Rs.1,00,000/- shall be paid by the respondent to the appellant on 12"^ July, 2015 and the final instalment of Rs.l lac shall be paid on 12"" November, 2015 and both the payments shall be paid by respondent to the appellant by way of demand draft in favour ofthe appellant. Parties have also agreed that the custody and guardianship ofthe minor daughter nanjely Ms. Neha will remain with the respondent and the appellant will have no visitation rights to meetthe minor daughter. i
The appellant in the MOU has also agreed that she will withdraw all the cases and complaints filed by her against the respondent and the appellant present in Courthas also agreed that she will renderfull assistance in getting the FIR No.5/2009, under Section 498-A/406 of IPC, registered with Police Station, Dwarka quashed. At the stage of quashing of FIR, the respondent shall pay the final instalment of Rs. 1 lac. The appellant also undertakes that she will not commit any default to support the quashing of the said FIR, once the respondent is ready for paying the third instalment of
Rs.l lac to the appellant. The appellant has further agreed not to press the present appeal and consequently, accepts the
HON'BLE MR. JUSTICE I.S.MEHTA
12.03.2015 On the last date, parties took time to file a Memorandum of
Understanding. TheMemorandum of Understanding {hereinafter referredas
MOU) dated 12^*^ March, 2015 has been filed in Court today. The same is ordered to be taken on record.
Both the parties are present in Court. They are also duly represented by their respective counsels. The MOU is duly signed by both the parties.
The same is witnessed by the respective counsel and also by father of the
2015:DHC:11675-DB c appellant. Both the parties are present in Court and state that they have signed this MOU after having understood the contents of the same. They also state that they have entered into the MOU out oftheir free will, volition and without there being any kind of pressure upon them. This MOU is proved on record and marked as Ex. 'C. In terms of the said MOU, the parties have settled their pending disputes and in terms of the settlement, respondent - husband has agreed to pay a sum of Rs.2,50,000/- to the appellant in full and final settlement of all her claims towards stridhan/dowry articles, maintenance/alimony, present, past and future or any other claims. Out of the said amount of Rs.2.5 lacs, an amount of Rs.50, 000/- has been paid by the respondent to the appellant today in Court by cash. According to the MOU, the second instalment of Rs.1,00,000/- shall be paid by the respondent to the appellant on 12"^ July, 2015 and the final instalment of Rs.l lac shall be paid on 12"" November, 2015 and both the payments shall be paid by respondent to the appellant by way of demand draft in favour ofthe appellant. Parties have also agreed that the custody and guardianship ofthe minor daughter nanjely Ms. Neha will remain with the respondent and the appellant will have no visitation rights to meetthe minor daughter. i
The appellant in the MOU has also agreed that she will withdraw all the cases and complaints filed by her against the respondent and the appellant present in Courthas also agreed that she will renderfull assistance in getting the FIR No.5/2009, under Section 498-A/406 of IPC, registered with Police Station, Dwarka quashed. At the stage of quashing of FIR, the respondent shall pay the final instalment of Rs. 1 lac. The appellant also undertakes that she will not commit any default to support the quashing of the said FIR, once the respondent is ready for paying the third instalment of
Rs.l lac to the appellant. The appellant has further agreed not to press the present appeal and consequently, accepts the
ORDER
and decree of divorce dated 05.07.2014 passed by the Additional Principal Judge, Family Court, Dwarka, New Delhi thereby dissolving the marriage of the parties on the ground of desertion.
We have heard the submissions made by the learned counsel for the parties and also gone through the contents of the MOU duly signed by the parties and their respective counsel which is filed in Court today.
Considering the fact that both the parties have amicably settled their disputes in terms of the MOU dated 12.03.2015 (Ex.C), the present appeal preferred by the appellant challenging the judgment and decree of divorce dated 5'*^ July, 2014 is dismissed as not pressed. Consequently, the judgment and decree of divorce dated 5"" July, 2014 passed by the learned Family
Court, Dwarka, New Delhi, dissolving the marriage of the parties on the ground of desertion will be final and binding on both the parties.
Both the parties are directed to remain bound by the terms of the
MOU and the terms of the present order and in no circumstance shall they deviate therefrom. We also make it clear to both the parties that in contravention or defiance of the terms of the MOU and the aforesaid order will result in adverse consequences against the defaulter. It is ordered accordingly.
In view of the aforesaid, the present appeal filed by the appellant stands disposed of. n R.O.&A.C.
^ifaiTT cl3dS'l5:5^1 / MARCH 12, 2015 pkb KAILASH GAMBHIR, J
[TA, J
We have heard the submissions made by the learned counsel for the parties and also gone through the contents of the MOU duly signed by the parties and their respective counsel which is filed in Court today.
Considering the fact that both the parties have amicably settled their disputes in terms of the MOU dated 12.03.2015 (Ex.C), the present appeal preferred by the appellant challenging the judgment and decree of divorce dated 5'*^ July, 2014 is dismissed as not pressed. Consequently, the judgment and decree of divorce dated 5"" July, 2014 passed by the learned Family
Court, Dwarka, New Delhi, dissolving the marriage of the parties on the ground of desertion will be final and binding on both the parties.
Both the parties are directed to remain bound by the terms of the
MOU and the terms of the present order and in no circumstance shall they deviate therefrom. We also make it clear to both the parties that in contravention or defiance of the terms of the MOU and the aforesaid order will result in adverse consequences against the defaulter. It is ordered accordingly.
In view of the aforesaid, the present appeal filed by the appellant stands disposed of. n R.O.&A.C.
^ifaiTT cl3dS'l5:5^1 / MARCH 12, 2015 pkb KAILASH GAMBHIR, J
[TA, J