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Translation output
.L.
3# o/o 24.OL.2Ott
Present:- Mr. Karan Sharma for counsel appellant.
Mr.Sushil Kumar for the respondent.
+MAT APP No. L8/2007 for the
Counsel for the parties state that the matter in dispute has been settled between the parties due to the intervention of Delhi High Court Mediation & Conciliation
Centre and a settlement agreement dated 7.1.201.1 has been duly executed by both the parties. Counsel for the parties further state that in terms of the settlement the parties have agreed to seek divorce by way of mutual consent.
Counsel for the appellant states that in terms of the settlement the appellant has agreed to pay a sum of
Rs.2,75,000/- to the respondent as full and final settlement of all her material claims inclusive of stridhan and past, present and future maintenance etc. Out of the said settlement amount the appellant today in the court has paid a sum of Rs.50,000/- in cash to the respondent. On the
/:
'4.
2011:DHC:14869 i* receipt of said amount of Rs.50,000/- the respondent in terms of the agreement has agreed to withdraw the petition filed by her under Section I25 Cr.P.C. Counsel for the appellant submits that the appellant has agreed to pay the balance amount of Rs. 2,25,0001- to the respondent in two instalment i.e. Rs.l-,13,000/- at the time of first motion and the remaining amount of Rs.L,I2,000l- at the time of second motion. The appellant has also agreed that he shall not file any petition to seek custody of the minor child and shall also not claim any visitation rights to visit the minor child.
The parties have also agreed to file divorce petition within a maximum period of three months from the date of settlement agreement. Counsel for the appellant on instructions states that in terms of the settlement he wishes to withdraw the present appeal.
I have heard counsel for the parties.
In the present appeal the appellant seeks to challenge the impugned
3# o/o 24.OL.2Ott
Present:- Mr. Karan Sharma for counsel appellant.
Mr.Sushil Kumar for the respondent.
+MAT APP No. L8/2007 for the
Counsel for the parties state that the matter in dispute has been settled between the parties due to the intervention of Delhi High Court Mediation & Conciliation
Centre and a settlement agreement dated 7.1.201.1 has been duly executed by both the parties. Counsel for the parties further state that in terms of the settlement the parties have agreed to seek divorce by way of mutual consent.
Counsel for the appellant states that in terms of the settlement the appellant has agreed to pay a sum of
Rs.2,75,000/- to the respondent as full and final settlement of all her material claims inclusive of stridhan and past, present and future maintenance etc. Out of the said settlement amount the appellant today in the court has paid a sum of Rs.50,000/- in cash to the respondent. On the
/:
'4.
2011:DHC:14869 i* receipt of said amount of Rs.50,000/- the respondent in terms of the agreement has agreed to withdraw the petition filed by her under Section I25 Cr.P.C. Counsel for the appellant submits that the appellant has agreed to pay the balance amount of Rs. 2,25,0001- to the respondent in two instalment i.e. Rs.l-,13,000/- at the time of first motion and the remaining amount of Rs.L,I2,000l- at the time of second motion. The appellant has also agreed that he shall not file any petition to seek custody of the minor child and shall also not claim any visitation rights to visit the minor child.
The parties have also agreed to file divorce petition within a maximum period of three months from the date of settlement agreement. Counsel for the appellant on instructions states that in terms of the settlement he wishes to withdraw the present appeal.
I have heard counsel for the parties.
In the present appeal the appellant seeks to challenge the impugned
JUDGMENT
and decree dated
2.12.2006 passed by the learned ADJ, Delhi, thereby dismissing the petition filed by the appellant for dissolution
-l a
.J^. of marriage under Section 13(1) (ia) of the Hindu Marriage
Act. During the pendency of the appeal the rnatter was sent to the Delhi High Court Mediation & Conciliation
Centre to explore the possibility of amicable settlement between the parties. Due to the intervention of the mediation cell the parties have finally agreed to settle all their disputes. Settlement agreement dated 7.L.2011. has been duly executed between the parties. The settlement agreement has been signed by both the parties and the same has also been witnessth by two witnesses. The settlement agreement dated 7.L.zotL is exhibited as Ex.C-1.
In terms of the settlement agreement the appellant has agreed to pay a sum of Rs.2,75,0001- to the respondent towards all her material claims. Out of the said settlement amount the appellant has paid an amount of Rs.50,000/- in cash to the respondent today in the court and the balance amount the appellant has agreed to pay in terms of paras (g) and (h) of the settlement agreement. The appellant has also agreed not to seek custody of the minor child and today in the court has agreed not to even visit the child. n
'* lf !j.
(
Both the parties have also agreed to seek divorce by way of mutual consent which petition they would file within a period of three months from the date of the settlement agreement.
Taking into consideration the said settlement entered into between the parties the appellant is permitted. to withdraw the present appeal. The appeal is accordingly dismissed as withdrawn.
The parties are directed to remain fully bound by the terms of the settlement agreement dated 7.1,.2011.
January 24,2OLl mg
GAMBHI& J
+
D.
2.12.2006 passed by the learned ADJ, Delhi, thereby dismissing the petition filed by the appellant for dissolution
-l a
.J^. of marriage under Section 13(1) (ia) of the Hindu Marriage
Act. During the pendency of the appeal the rnatter was sent to the Delhi High Court Mediation & Conciliation
Centre to explore the possibility of amicable settlement between the parties. Due to the intervention of the mediation cell the parties have finally agreed to settle all their disputes. Settlement agreement dated 7.L.2011. has been duly executed between the parties. The settlement agreement has been signed by both the parties and the same has also been witnessth by two witnesses. The settlement agreement dated 7.L.zotL is exhibited as Ex.C-1.
In terms of the settlement agreement the appellant has agreed to pay a sum of Rs.2,75,0001- to the respondent towards all her material claims. Out of the said settlement amount the appellant has paid an amount of Rs.50,000/- in cash to the respondent today in the court and the balance amount the appellant has agreed to pay in terms of paras (g) and (h) of the settlement agreement. The appellant has also agreed not to seek custody of the minor child and today in the court has agreed not to even visit the child. n
'* lf !j.
(
Both the parties have also agreed to seek divorce by way of mutual consent which petition they would file within a period of three months from the date of the settlement agreement.
Taking into consideration the said settlement entered into between the parties the appellant is permitted. to withdraw the present appeal. The appeal is accordingly dismissed as withdrawn.
The parties are directed to remain fully bound by the terms of the settlement agreement dated 7.1,.2011.
January 24,2OLl mg
GAMBHI& J
+
D.