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X IN THE hIIGH COURT OF
+ cs(os) 1377 l2oTr
ANISHA JHANJI
Through :
VCTSUS
DELHI AT NEW DELI-II..... Plaintiff
Ms. Sonali Malhotra and Mr. Amit
Sanduja, Advs. along with plaintiff.
SHIVI SINGH VERMA & ORS ..... Defendants
Through : Mr. Neeraj Malhotra and Mr. Ravinder
Singh, Advs. along with defendants.
COR,AM: t-toN'BLE MR. JUSTTCE G.S.S!STI\Nt
"/" 05. LO.2OLI
ORDER
1. Plaintiff has filed the present suit for recovery towards maintenance and rnandatory injunction.
2. Marriage between the parties was solemnizecl on 30.9.2009. No children were born out of their wedlock. Various allegations have b€en made by the parties against each other in thc pleadings, however, parties have decided to bury the past and arrive at an amicable settlement.
3. Parties are present in Court along with their respcctive counsel and parents of the plaintiff and mother of the defenciant. lt is jointly prayed by the parties that present suit may be cJecrced on the following agreed terms of settlement:
(i) That defendant' no.1 undertakes to pay to tl"re plaintiff a sum of Rs.15.00 lakhs, towards full and final settiement, itr addition to fls.10.00 lakhs, whiclr alrcady stand paid by defendant no.1 to Llre plainti{f, Lowarrjs praintiff's crairn towards lstridhan, nrelintenance, alirnony anrj all other O 2011:DHC:12773 \b
(ii) oues; Parties shall file a joint petition after 16.r[2].2orr for dissolution of marriage by mutual consent; Along with the petition, defendant no.1 will enclose a photocopy of the Bank Draft in the name of the plaintiff and at the time when the parties appear before the trial court Rs.5.00 lakhs will be paid by defendant no.1 to the plaintiff; The second motion shall be filed after ten days of expiry of the stipulated period Another sum of Rs.5.00 lakhs will be paid by defendant no.1 to the plaintiff at the time of making a statement at the Second Motion; After grant of divorce, within a period of two weeks defendant no.1 will make a petition for quashing of FlR. The plaintiff undertakes to cooperate and appear before the court at the time of hearing of the said petition when the balance sum of Rs.5.00 lakhs will be paid by defendant. no.l to the plaintiff, however, it is agreed between the parties that in case if for any reason defendant no.1 chooses not to file a petition for quashing of FIR or chooses to file a petition beyond the period of two weeks, balance sum of Rs.5.00 lakhs will become payable to the plaintiff at the end of two weeks; E} ( iii) (iv) (vi) (vii) (v) J[2] csfos, L377/207L l\ - _!.-1-,
(viii) All inter se proceedings between the parties will be kept in abeyance till the decree of divorce is granted and afLer grant of divorce to the parties, parties will withdraw all the proceedings initiated against each other;
(ix) The terms of settlement will be considered as an undertaking given to court and the parties have been explained the consequences of breach ol'undertaking.
4. Accordingly, suit is decreed in above terms. Parties shall be bound bv the terms of settlement.
5. Since this court has mediated in the matter, learned counsel for the plaintiff prays for refund of court fee in ti:rms of Section 16 of the Court Fee Act.
6. Accordingly, let court fee be refunded to the plaintiff in terrns of Section 16 of the Court Fee Act. Court appreciates tire efforts put in by counsel for the parties and the parties, who have actecJ in a matured manner to resolve the matter amicably. ocToBER 05, 20I"L msr cs(os) L377/2O77 E-s-<b - G.s.slsrA[v!,J 3/s