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% o8.o8.20LL
Present: Mr. Kanwar Faisal for counsel for the petitioner.
Mr. Devraj Singh for the respondent.
+MAT. App. No. 85/2OL0
*
Counsel appearing for the parties submit that both the parties have settled all their inter se disputes and have executed memorandum of understanding dated Btr August, 20L1. Let the memorandum of understanding produced by counsel for the parties be taken on record. In the present appeal, the appellant has challenged the order dated t4.5.2010 passed by the learned
Court of Additional District & Session Judge-02 thereby dismissing the divorce petition filed by the appellant under section t3(l)(ia) of the Hindu Mariage Act. During the pendency of the present appeal the matter was sent to the
Mediation centre, but the same could not be settled before the
Mediation Centre. However, this matter was taken up by this
Court and both the parties were persuaded to reconcile their differences. Due to the intervention of this court both the parties have agreed to settle their disputes in terms of the
I
2011:DHC:15006
['F
IL memorandum of Understanding dated 8.8.2011. Memorandum of Understanding is duly signed by both the parties and the same is also supported by their respective affidavits. In terms of the Memorandum of Understanding the parties have agreed to cooperate in filing an appropriate petition under Section 13(B) of the Hindu Marriage Act for dissolution of Marriage by mutual consent before the competent Court of Law. Parties have also agreed to cooperate with each other in filing a petition under
Section 13(B)(L) and 13(B)(2) of the Hindu Marriage Act in the competent Court of law.
In terms of the agreement the appellant has agreed to pay a sum of Rs. 5,50,000/- to the respondent towards maintenance/alimony (present, past and future) and towards entire claim of Istridhan. As per the MOU Rs. 2,00,000/- shall be paid by the appellant to the respondent at the time of recording of their statements during the proceedings in the first motion of divorce proceedings under Section 13(BX 1) of the Hindu
Marriage Act, which shall be filed within a period of one month and balance amount of Rs. 3,50,000/- shall be paid by the appellant to the respondent at the time of recording of their
I
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*.1 statements during the proceedings in the second motion of divorce under Section 13(BX2) of the Hindu Marriage Act. As per the MOU the respondent has agreed to withdraw the complaint case No. 3t2l2OLI under D.V. Act filed against the appellant and his mother. The respondent has also agreed to withdraw a complaint No. 2015120tI under Section 498N406 filed by her against the appellant. In terms of the MOU the parties have agreed that they will not file any case whether civil or criminal against each other regarding their matrimonial alliance.
In the light of the aforesaid settlement arrived at between the parties, the present appeal is dismissed as withdrawn.
The parties shall remain bound by the terms of the settlement agreement dated 8.8.201 t.
With the above directions, the present appeal stands disposed of in terms of Settlement Agreement dated 8.08.2011
,t
A
IAI
*,,-ffiAMBHTR,J
AUGUST 08, 2011 rkr
Present: Mr. Kanwar Faisal for counsel for the petitioner.
Mr. Devraj Singh for the respondent.
+MAT. App. No. 85/2OL0
*
Counsel appearing for the parties submit that both the parties have settled all their inter se disputes and have executed memorandum of understanding dated Btr August, 20L1. Let the memorandum of understanding produced by counsel for the parties be taken on record. In the present appeal, the appellant has challenged the order dated t4.5.2010 passed by the learned
Court of Additional District & Session Judge-02 thereby dismissing the divorce petition filed by the appellant under section t3(l)(ia) of the Hindu Mariage Act. During the pendency of the present appeal the matter was sent to the
Mediation centre, but the same could not be settled before the
Mediation Centre. However, this matter was taken up by this
Court and both the parties were persuaded to reconcile their differences. Due to the intervention of this court both the parties have agreed to settle their disputes in terms of the
I
2011:DHC:15006
['F
IL memorandum of Understanding dated 8.8.2011. Memorandum of Understanding is duly signed by both the parties and the same is also supported by their respective affidavits. In terms of the Memorandum of Understanding the parties have agreed to cooperate in filing an appropriate petition under Section 13(B) of the Hindu Marriage Act for dissolution of Marriage by mutual consent before the competent Court of Law. Parties have also agreed to cooperate with each other in filing a petition under
Section 13(B)(L) and 13(B)(2) of the Hindu Marriage Act in the competent Court of law.
In terms of the agreement the appellant has agreed to pay a sum of Rs. 5,50,000/- to the respondent towards maintenance/alimony (present, past and future) and towards entire claim of Istridhan. As per the MOU Rs. 2,00,000/- shall be paid by the appellant to the respondent at the time of recording of their statements during the proceedings in the first motion of divorce proceedings under Section 13(BX 1) of the Hindu
Marriage Act, which shall be filed within a period of one month and balance amount of Rs. 3,50,000/- shall be paid by the appellant to the respondent at the time of recording of their
I
{.t t"
*lr#+"' t3
*.1 statements during the proceedings in the second motion of divorce under Section 13(BX2) of the Hindu Marriage Act. As per the MOU the respondent has agreed to withdraw the complaint case No. 3t2l2OLI under D.V. Act filed against the appellant and his mother. The respondent has also agreed to withdraw a complaint No. 2015120tI under Section 498N406 filed by her against the appellant. In terms of the MOU the parties have agreed that they will not file any case whether civil or criminal against each other regarding their matrimonial alliance.
In the light of the aforesaid settlement arrived at between the parties, the present appeal is dismissed as withdrawn.
The parties shall remain bound by the terms of the settlement agreement dated 8.8.201 t.
With the above directions, the present appeal stands disposed of in terms of Settlement Agreement dated 8.08.2011
,t
A
IAI
*,,-ffiAMBHTR,J
AUGUST 08, 2011 rkr
JUDGMENT