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Present: Mr. Vikram Berwal for the appellant.
Mr. Jabbar Hussain for the respondent.
+MAT APP No. 94l2O1O & CM. 8828/2O11 t<
Both the parties are present in the court along with their respective counsel.
Counsel for the parties submit that due to the intervention of the Mediation & Conciliation Centre of Delhi
High Court, both the parties have settled all their inter se disputes. Counsel further submit that settlement agreement dated I2.7.20L L executed between the parties has been duly signed by both the parties and by the counsel for the parties as well. Counsel submit that in terms of the settlement agreement the appellant husband has agreed to pay a sum of Rs.L3 lacs to the.respondent wife towards full and final settlement of all the material claims of the respondent wife as well as of the minor son Rajat. Counsel further submit that both the parties have also agreed that the custody of the minor child shall remain with the t
2011:DHC:15000
? respondent wife and the appellant will have no visitation rights and he will not claim custody of the child in future.
Counsel for the appellant submits that the amount of Rs.5 lacs shall be paid by the appellant to the respondent wife by way of demand draft at the time of recording of statement of parties in first motion petition and
Rs.S lacs will be paid by appellant to the respondent at the time of recording of statement of parties in second motion petition. Counsel further states that the balance amount of
Rs. 3 lacs shall be paid. by the appellant for the minor son at the time of recording of statement of the appellant before this court to support quashing of the FIR registered against the appellant and his family members under Section
JUDGMENT
4984. IPC. Counsel for the respondent submits that in terms of the settlement the respondent wife has agreed to withdraw maintenance case as well as criminal revision petition. Counsel for the parties further state that both the parties have agreed to withdraw all the allegations against each other and further agreed not to litigate with each other in future. I have heard learned counsel for the parties c. Ie:t and have perused the terms of the memorandum of settlement dated L[2].7.2011,. By this appeal the appellant husband has challenged the judgment and decree dated 1"5.4.20L0 passed by the learned ADJ, Delhi, thereby dismissing the petition filed by the appellant for dissolution of marriage. During the pendency of the present appeal the parties have amicably settled all their disputes and differences due to the intervention of Delhi High Court Mediation and Conciliation Centre and in terms of the said settlement, the parties have agreed to seek divorce by mutual consent. The settlement agreement has been duly signed by both the parties and also by their respective counsel. The settlement agreement dated L[2].7.20t[1] is exhibited as Ex. C-I. In terms of the settlement the appellant has agreed to pay a sum of Rs.S lacs to the respondent at the time of recording of statement of the parties in first motion petition and Rs.S lacs at the time of second motion petition and the balance amount of Rs. 3 lacs shall be paid by the appellant to the respondent for the minor child at the time of quashing of FIR. Both 't tl at the parties have also agreed to withdraw all allegations against each other and not to litigate with each other in future. The respondent has agreed to withdraw the maintenance case filed by her under Section L25 Cr.P.C as well as criminal revision petition. The respondent has also agreed to support the appellant in seeking quashing of the FIR registered against him and his family members under Section 498,[4] IPC. The appellant husband has forfeited his custody and visitation rights. In the light of the aforesaid settlement arrived at between the parties, the present appeal is dismissed as withdrawn. e The parties shall remain bound by the terms of the settlement agreement dated L[2].7.20tL. With the above stands disposed of in terms 1,2.7.2011.