Rohit Sharma v. Kamayani Solanki

1. CONT.CAS(C) 850/2012 has been filed by the husband, Mr.Rohit Sharma, under Sections 10 and 12 of the Contempt of Courts of Act I '• alleging violation of the terms of the Settlement Agreement dated 15.3.2012 and wilful disobedience of the orders dated 4.4.2012 and 11.4.2012. CONT.CAS(C) 664/2012 has been filed by the wife, Ms.Kamayani Solanki, under Sections 10 and 12 of the Contempt of Courts of Act, alleging violation of the terms of the Settlement Agreement dated 15.3.2012 and wilful disobedience of the undertaking given to Court on 11.4.2012.

2. Parties are present in Court along with their respective counsel. At the request of the parties, both the matters were passed over once to enable the parties to explore the possibility of an amicable settlement. At the second call, parties submit that they have arrived 2013:DHC:8626 at an amicable settlement without any coercion, pressure or undue influence. It is also submitted that the following agreed terms of the settlement shall be treated as an undertaking to the Court.

(i) Parties agree to part ways amicably;

(ii) A petition for grant of divorce by mutual consent (First

Motion) has been duly signed by the parties and the same shall be filed in the trial Court on 12.2.2013. The parties shall remain present in the trial court for recording of their statement in the First Motion;

(iii) The Second Motion will be filed by the parties after the expiry of the statutory period of six months is over. A draft petition for grant of divorce by mutual consent (Second Motion) will be exchanged by the parties at least fifteen days in advance.

(iv) After the grant of decree of divorce, the petitioner in

Cont.Cas (C)664/2012 shall sign an affidavit giving her no objection for quashing of FIR lodged against the petitioner in Cont.Cas (C)850/2012.

(v) The parties shall remain present before the appropriate

(vi) As far as the Fixed Deposit Receipt of Rs.4.50 lakhs made in favour of the Registrar General of this Court is concerned, it is agreed by the parties that Rs.4.50 lakhs along with interest accrued thereon shall be released in favour of the petitioner in Cont.Cas (C)664/2012 as per the agreed terms of settlement in the following manner:

(I) Rs.1.50 lakhs shall be released by the

Registry in favour of the petitioner in Cont.Cas (C)664/2012 after the statement is made by her in the First Motion; CONT.CAS(C) 850/2012 & CONT.CAS(C) 664/2012 2/3

(II) Rs.1.50 lakhs shall be released by the

Registry in favour of the petitioner in Cont.Cas (C)664/2012 after the decree of divorce is granted by the trial Court; and

(III) The balance sunn of Rs.1.50 lakhs shall be released by the Registry in favour of the petitioner in Cont.Cas (C)664/2012 at the time of quashing of FIR or within fifteen days of grant of decree of divorce; however, it will be open for the petitioner in Cont.Cas (0664/2012 to accept the whole amount in lump sum if she intends so that the amount may not lose its interest.