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HIGH COURT OF DELHI
MAT.APP.(F.C.) 51/2013
NARESH KUMAR
Appellant
Through: Mr.S.P.Mehta,Advocate along with the appellant in person.
MAT.APP.(F.C.) 51/2013
NARESH KUMAR
Appellant
Through: Mr.S.P.Mehta,Advocate along with the appellant in person.
VERSUS
ANITA SINGH
Respondent
Through: Ms.Kusum Lata Sharma, Advocate along with the respondent in person.
Respondent
Through: Ms.Kusum Lata Sharma, Advocate along with the respondent in person.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE I.S. MEHTA
04.03.2015 This matter was taken up in chamber on 27.01.2015 with a view to persuade both the parties to settle all their disputes amicably. Pursuant thereto, the parties had agreed to settle all their disputes and took time to place on recordthe Memorandum of Settlement.
Today, a Memorandum of Understanding dated 13.02.2015 has been filed in Court and the same is taken on record. Both the parties are present in person along with their respective counsel. This Memorandum of
Understanding has been signed by both the parties and it is affirmed by them. This Memorandum of Understanding is also signed by their respective
2015:DHC:11645-DB v counsel, who are present in Court. This Memorandum of Understanding dated 13.02.2015 is proved on record as Ex.C-1. As per this Memorandum of Understanding, the appellant has agreed to pay a sum of Rs.8 lacs to the respondent towards full and final settlement of her material claims and that ofher minor daughter, namely, Nimisha. Out ofthis amount of Rs.8 lacs, the appellant has handed over a cheque for a sum of Rs.5 lacs to the respondent today in Court and the balance amount of Rs.3 lacs shall be paid by the appellant to the respondent at the time of recording of statements of the parties in the second motion petition in the shape of FDR in the name of minor daughter namely Nimisha under the guardianship of the respondent for the period till the date ofher attaining the age of majority. In terms ofthe said settlement, the respondent has also handed over Kisan Vikas Patras
(KVP) to the appellant. Now the appellant shall prepare the FDR in the name of the minor daughter Nimisha under the guardianship of the respondent of the exact amount which will be received under the said KVPs and thereafter the appellant shall hand over the FDR immediately within a period of one month to the respondent. The respondent who has also received an amount of Rs.5 lacs today in Court, undertakes to appear before the learned Family Court at the time of recording of her statement at the stage of first motion as well as second motion petition without committing any default. The parties have also agreed that the custody ofthe minor child, namely, Nimisha shall remain with the respondent and the appellant shall neither seek thecustody norany visitation right inrespect ofthesaid child.
In view of the said settlement arrived at between the parties, all the disputes between themstands settled in all respects andboth theparties have undertaken to comply with each and every term of the memorandum of settlement in its true letter and spirit.
In the light of the aforesaid settlement arrived at between the parties, nothing further survives to be considered in the present appeal and the same is accordingly disposed of in terms ofthe said settlement. We also direct and make it clear to the parties present in Court that they shall remain bound by the terms of the said memorandum of settlement dated 13.02.2015 (Ex.C-1) and under no circumstances they shall deviate therefrom and if it so happens then they are made aware that they shall be liable for the necessary consequences.
KAILASH GAMBHIR, J LS. MEHTA, J MARCH 04, 2015/Jc'
HON'BLE MR. JUSTICE I.S. MEHTA
04.03.2015 This matter was taken up in chamber on 27.01.2015 with a view to persuade both the parties to settle all their disputes amicably. Pursuant thereto, the parties had agreed to settle all their disputes and took time to place on recordthe Memorandum of Settlement.
Today, a Memorandum of Understanding dated 13.02.2015 has been filed in Court and the same is taken on record. Both the parties are present in person along with their respective counsel. This Memorandum of
Understanding has been signed by both the parties and it is affirmed by them. This Memorandum of Understanding is also signed by their respective
2015:DHC:11645-DB v counsel, who are present in Court. This Memorandum of Understanding dated 13.02.2015 is proved on record as Ex.C-1. As per this Memorandum of Understanding, the appellant has agreed to pay a sum of Rs.8 lacs to the respondent towards full and final settlement of her material claims and that ofher minor daughter, namely, Nimisha. Out ofthis amount of Rs.8 lacs, the appellant has handed over a cheque for a sum of Rs.5 lacs to the respondent today in Court and the balance amount of Rs.3 lacs shall be paid by the appellant to the respondent at the time of recording of statements of the parties in the second motion petition in the shape of FDR in the name of minor daughter namely Nimisha under the guardianship of the respondent for the period till the date ofher attaining the age of majority. In terms ofthe said settlement, the respondent has also handed over Kisan Vikas Patras
(KVP) to the appellant. Now the appellant shall prepare the FDR in the name of the minor daughter Nimisha under the guardianship of the respondent of the exact amount which will be received under the said KVPs and thereafter the appellant shall hand over the FDR immediately within a period of one month to the respondent. The respondent who has also received an amount of Rs.5 lacs today in Court, undertakes to appear before the learned Family Court at the time of recording of her statement at the stage of first motion as well as second motion petition without committing any default. The parties have also agreed that the custody ofthe minor child, namely, Nimisha shall remain with the respondent and the appellant shall neither seek thecustody norany visitation right inrespect ofthesaid child.
In view of the said settlement arrived at between the parties, all the disputes between themstands settled in all respects andboth theparties have undertaken to comply with each and every term of the memorandum of settlement in its true letter and spirit.
In the light of the aforesaid settlement arrived at between the parties, nothing further survives to be considered in the present appeal and the same is accordingly disposed of in terms ofthe said settlement. We also direct and make it clear to the parties present in Court that they shall remain bound by the terms of the said memorandum of settlement dated 13.02.2015 (Ex.C-1) and under no circumstances they shall deviate therefrom and if it so happens then they are made aware that they shall be liable for the necessary consequences.
KAILASH GAMBHIR, J LS. MEHTA, J MARCH 04, 2015/Jc'
JUDGMENT