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$-4 HIGH COURT OF DELHI
MAT.APP.(F.C.) 55/2013 and C.M.No.17306/2013
SMTNIRMAL SINGH
/I Appellant
Through: Mr.Mukesh Gupta, Advocate along with theappellant and herfather in person.
MAT.APP.(F.C.) 55/2013 and C.M.No.17306/2013
SMTNIRMAL SINGH
/I Appellant
Through: Mr.Mukesh Gupta, Advocate along with theappellant and herfather in person.
VERSUS
SHRIVIVEK KUMAR
Respondent
Through; Mr.Shiv Kumar Sharma, Advocate along with therespondent inperson.
Respondent
Through; Mr.Shiv Kumar Sharma, Advocate along with therespondent inperson.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE I.S. MEHTA
0/„ 04.03.2015
On the last date, during the course ofhearing ofthis appeal, both the parties had agreed to amicably settle all their disputes and took time to place on record the Memorandum ofUnderstanding.
Today, the Memorandum of Understanding has been filed in Court and the same is taken on record. Both the parties are present in Court along with their respective counsel. Mr.Harpal Singh, father of the appellant is also present in Court.
2015:DHC:11646-DB In terms of the said settlement arrived at between the parties, the respondent has handed over an amount of Rs.8 lacs by demand draft
No.438369 dated 02.03.2015 drawn on State Bank of India in favour of the appellant. Out of the settled amount of Rs. 12.5 lacs, the balance amount of
Rs.4.5 lacs in the form of FDR is already lying deposited with the learned
Trial Court and the parties have agreed that the appellant will be at liberty to get the said FDR released along with the interest accrued thereon. The appellant shall withdraw the petitions filed by her under Section 125 Cr.P.C. and under the Domestic Violence Act on the dates already fixed before the respective Courts. The appellant in the settlement has undertaken to render full assistance/cooperation in seeking quashing of FIR No.102/2010 under
Sections 498-A/406/34 IPC, registered at P.S. Rani Bagh, Delhi from the
High Court and shall not commit any default in ensuring her appearance before the High Court in the quashing proceedings. The respondent shall, however, intimate the date of listing of the quashing petition in writing to the appellant and also the counsel representing the appellant. The said payment of Rs.12.5 lacs will be towards full and final settlement of all material claims of the appellant.
In view of the aforesaid settlement arrived at between the parties, no dispute ofany nature survives between the parties. In the present appeal, the appellant has challenged the
HON'BLE MR. JUSTICE I.S. MEHTA
0/„ 04.03.2015
On the last date, during the course ofhearing ofthis appeal, both the parties had agreed to amicably settle all their disputes and took time to place on record the Memorandum ofUnderstanding.
Today, the Memorandum of Understanding has been filed in Court and the same is taken on record. Both the parties are present in Court along with their respective counsel. Mr.Harpal Singh, father of the appellant is also present in Court.
2015:DHC:11646-DB In terms of the said settlement arrived at between the parties, the respondent has handed over an amount of Rs.8 lacs by demand draft
No.438369 dated 02.03.2015 drawn on State Bank of India in favour of the appellant. Out of the settled amount of Rs. 12.5 lacs, the balance amount of
Rs.4.5 lacs in the form of FDR is already lying deposited with the learned
Trial Court and the parties have agreed that the appellant will be at liberty to get the said FDR released along with the interest accrued thereon. The appellant shall withdraw the petitions filed by her under Section 125 Cr.P.C. and under the Domestic Violence Act on the dates already fixed before the respective Courts. The appellant in the settlement has undertaken to render full assistance/cooperation in seeking quashing of FIR No.102/2010 under
Sections 498-A/406/34 IPC, registered at P.S. Rani Bagh, Delhi from the
High Court and shall not commit any default in ensuring her appearance before the High Court in the quashing proceedings. The respondent shall, however, intimate the date of listing of the quashing petition in writing to the appellant and also the counsel representing the appellant. The said payment of Rs.12.5 lacs will be towards full and final settlement of all material claims of the appellant.
In view of the aforesaid settlement arrived at between the parties, no dispute ofany nature survives between the parties. In the present appeal, the appellant has challenged the
ORDER
dated 31.08.2013 passed by the learned Addl. Principal Judge, Family Court, Rohini, Delhi. In the light of the said settlement arrived at between the parties, the challenge to the said decree of divorce does not survive for consideration and the said judgment and decree dated 31.08.2013 has attained finality and the same shall be binding on both the parties. We also direct that both the parties shall remain bound by the terms of the Memorandum of Understanding and under no circumstance they shall deviate from the terms ofthe said settlement and if any deviation therefrom is made by any ofthe parties at any stage, they shall be liable for committing contempt ofthe Court.
Appeal stands disposed of accordingly.
Acopy ofthis order be given dasti to counsel for the parties under the signatures ofthe CourtMaster, as prayed.
MARCH 04, 2015 'dc' KAILASHGAMBHIR, J frSTWEHTA, J
Appeal stands disposed of accordingly.
Acopy ofthis order be given dasti to counsel for the parties under the signatures ofthe CourtMaster, as prayed.
MARCH 04, 2015 'dc' KAILASHGAMBHIR, J frSTWEHTA, J