Shilpa @ Shipa v. Navin Gupta

1. Present petition is directed against the order dated 17.4.2010, passed by Principal Judge, Family Court, Rohini, Delhi, in HMA No,441/2010, by which the petition filed under Section 13(B) for grant of divorce was dismissed as the petition was not signed by one of the parties (respondent herein).

2. Notice was issued in this matter and thereafter the matter was adjourned from time to time to enable the parties to resolve the matter. Subsequently, the petitioner has filed Cont, Cas.(C)No.869/2010.

3. Today, it is pointed out by learned counsel for the parties in the presence of the parties, who are present in Court, that parties have arrived at an amicable settlement, by which, it is agreed that:

(i) respondent shall meet the child (his daughter) on every

Saturday and Sunday. The respondent will pick up the child from the school on every Saturday and drop the child back to the residence of the petitioner (mother) 2011:DHC:8813 on Sunday by 5.00 p.m.;

(ii) Besides the above arrangement, the respondent shall meet the child on every holiday in addition to Saturday and Sunday for two hours in a day at a time convenient to both parties;

(iii) Petitioner gives up all her claim towards present, past and future maintenance, alimony or claim towards dowry;

(iv) Petitioner will cooperate in quashing of FIR after the grant of divorce; and

(v) Fixed deposits in the sum of Rs.3.00 lakhs, which has been made in the name of daughter, shall only be used by the daughter, after she attains the majority,

4. The settlement arrived at between the parties shall be treated as an undertaking given to Court. Counsel for the parties submit that parties have been explained the consequences of breach of terms of settlement and undertake that the terms of the settlement shall be complied with in letter and spirit. Parties shall be bound by the terms of settlement arrived at between them.

5. Learned counsel for the parties submit that trial court had dismissed the petition filed under Section 13(b) (2) on the ground that it was not signed by the respondent. Counsel for the parties further submit that defect in the petition is curable in nature and respondent has agreed to cure the defect. CM(M) 713/2010 2/3 V I \ \ \

6. Accordingly, let the defect be cured before the Court of Sh. Kannlesh Kumar, Principal Judge, Family Court, Rohini, Delhi. Parties will appear before the Principal Judge, Family Court, on 18.8.2011. Once the defect is cured the petition be restored to its original number and file. The Principal Judge will thereafter record the statement of the parties and decide the matter.

7. Petition stands disposed of in view of above.

8. Let a copy of this order be given DASTl to counsel for the parties under the signature of Court Master. G.S.SISTANIJ - AUGUST 09, 2011 msr