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{i rc# o/o1.4.O9.?OLL
Present: Ms. Isha Khanna and Mr. Kishore Kumar for the appellant.
+CM No. L7L6O/2OLL in MAT APP No. 45/2OO9
*
By this application moved under Order 23 Rule 3 r/w Section 151 CPC, both the parties seek to place on record the memorandum of understanding dated 3I.8.20LL through which they have entered into the compromise to finally decide all their disputes. The application is duly supported by the affidavits of both the parties. For the reasons stated in the application, the application is allowed.
Vide aforesaid order this court has disposed of the application filed by the parties under Order 22 Rule 3 read with Section Lst CPC. Along with the said application the parties have placed on record memorandum of understanding dated 3L.8.2011. In terms of the MOU dated 31.8.2011 both the parties have agreed to finally settle all their inter se
2011:DHC:14926 r
L n disputes. As per the settlement the respondent husband has paid a sum of Rs. 4 lacs in fuII and final settlement of all the material claims of the appellant wife inclusive of permanent alimony, past, present and future maintenance. The appellant wife who is present along with her counsel confirms receipt of the said amount. In terms of the settlement the appellant has agreed to withdraw the petition filed by her under Section
L25 Cr.P.C. which is pending disposal in the court of learned
M.M. and steps in this regard shall be taken by the appellant on or before the next date fixed before the said court. The appellant has also agreed to withdraw the petition filed by her under Sections 25 and 26 of the Hindu Marriage Act on or before the next date fixed before the concerned court and similarly the appellant shall withdraw a suit for perpetual and mandatory injunction filed by her against the respondent which is pending disposal in the court of learned ADJ. It has also been agreed between the parties that the said settlement nowhere will affect the rights and claims of the children of the parties. The appellant has also agreed to withdraw the
7r" present appeal so as to give finality to the decree of divorce granted by the learned trial court.
I have heard learned counsel for the parties.
In view of the settlement arrived at between the parties, the appellant is permitted to withdraw the present appeal based on the MOU dated 3 1 .8.2 0 L 1 . With the withdrawal of the present appeal the impugned
J
{i rc# o/o1.4.O9.?OLL
Present: Ms. Isha Khanna and Mr. Kishore Kumar for the appellant.
+CM No. L7L6O/2OLL in MAT APP No. 45/2OO9
*
By this application moved under Order 23 Rule 3 r/w Section 151 CPC, both the parties seek to place on record the memorandum of understanding dated 3I.8.20LL through which they have entered into the compromise to finally decide all their disputes. The application is duly supported by the affidavits of both the parties. For the reasons stated in the application, the application is allowed.
Vide aforesaid order this court has disposed of the application filed by the parties under Order 22 Rule 3 read with Section Lst CPC. Along with the said application the parties have placed on record memorandum of understanding dated 3L.8.2011. In terms of the MOU dated 31.8.2011 both the parties have agreed to finally settle all their inter se
2011:DHC:14926 r
L n disputes. As per the settlement the respondent husband has paid a sum of Rs. 4 lacs in fuII and final settlement of all the material claims of the appellant wife inclusive of permanent alimony, past, present and future maintenance. The appellant wife who is present along with her counsel confirms receipt of the said amount. In terms of the settlement the appellant has agreed to withdraw the petition filed by her under Section
L25 Cr.P.C. which is pending disposal in the court of learned
M.M. and steps in this regard shall be taken by the appellant on or before the next date fixed before the said court. The appellant has also agreed to withdraw the petition filed by her under Sections 25 and 26 of the Hindu Marriage Act on or before the next date fixed before the concerned court and similarly the appellant shall withdraw a suit for perpetual and mandatory injunction filed by her against the respondent which is pending disposal in the court of learned ADJ. It has also been agreed between the parties that the said settlement nowhere will affect the rights and claims of the children of the parties. The appellant has also agreed to withdraw the
7r" present appeal so as to give finality to the decree of divorce granted by the learned trial court.
I have heard learned counsel for the parties.
In view of the settlement arrived at between the parties, the appellant is permitted to withdraw the present appeal based on the MOU dated 3 1 .8.2 0 L 1 . With the withdrawal of the present appeal the impugned
JUDGMENT
and
/ decree dated 22.72008 passed by the court of learned ADJ shall attain the finality. The MOU dated 3 1 .8.2 0 L L executed between the parties is exhibited as Ex. C-l-. The parties shall remain bound by the terms of the said MOU dated 31.8.201t and under no circumstance thev shall deviate therefrom.
In the light of the above, the present appeal stands disposed of. i-'
A wk
KAIIASH GAMBHIR, J
September L4,z0t1.l. mg
/ decree dated 22.72008 passed by the court of learned ADJ shall attain the finality. The MOU dated 3 1 .8.2 0 L L executed between the parties is exhibited as Ex. C-l-. The parties shall remain bound by the terms of the said MOU dated 31.8.201t and under no circumstance thev shall deviate therefrom.
In the light of the above, the present appeal stands disposed of. i-'
A wk
KAIIASH GAMBHIR, J
September L4,z0t1.l. mg