Atuljain v. Shikha Gupta

Delhi High Court · 14 Dec 2010 · 2010:DHC:6980

G. S. Sistani

CM(M)50/2010

2010:DHC:6980

family settled

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The Delhi High Court disposed of cross matrimonial petitions by recording an amicable settlement covering maintenance, custody, visitation, and withdrawal of complaints, binding the parties to the agreed terms.

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36&37 HIGH COURT OF DELHI
CM(M)50/2010

JUDGMENT

Delivered on: 14.12.2010 ATULJAIN Petitioner
Through : Mr. Ashok Gurnani and Mr.Ranjan Roy, Advocates

versus

SHIKHA GUPTA Respondent
Through : Mr. Arvind Kumar Gupta, Advocate AND

CM(M)124/2010
SHIKHA GUPTA Petitioner
Through : Mr. Arvind Kumar Gupta, Advocate

versus

ATULJAIN Respondent
Through : Mr. Ashok Gurnani and Mr.Ranjan Roy, Advocates

CORAM:

HON'BLE MR.JUSTICE G.S.SISTANI

1. Whether the Reporters of local papers may be allowed to see the judgment?

2. To be referred to Reporter or not?

3. Whether the judgment should be reported in the Digest? G.S.SISTANI. I.(ORAL)

1. Parties have arrived at an amicable settlement. It is agreed as under:-

A. That the husband will pay the wife a total sum of

Rs.32,50,000/- in full and final settlement towards her claim including alimony and maintenance, out of which a sum of Rs.16,25,000/- shall be paid in the name of the wife and a sum of Rs.16,25,000/- shall be kept in a 2010:DHC:6980 be utilized by the daughter after she attains the age of 18 years.

B. That the husband will continue to pay a sum of

Rs.9,000/- per month towards maintenance and upkeep of the minor daughter, upto the stage of her education. The same shall be paid on or before T'" day of each English calendar month to be deposited in the account of the wife.

C. That the husband will deposit another sum of

D. That the father will meet his daughter on two

Saturdays in a month for six hours. Wherever there are more than eight holidays,father will meet the child for three days to be decided mutual by the parties, keeping in mind the best interest of the child. In addition to this the child will spend three hours with the father on Diwali and the same time period on any one other religious festival. The child will accompany her father on two birthdays in a year of a close relation for three years. In addition to this, child wil l spend four hours with father on father's birthday. The child shall be picked up and dropped by the father.

E. Time to be mutually fixed between the parties and after the child is comfortable with the father, both the parties will fix overnight visitation rights, to be mutually decided.

F. That the parties will sign the divorce petition by mutual consent. The first motion to be filed within four weeks from today, at which stage a sum of Rs.Five lakhs will be paid by the husband to the wife and sum of Rs.Five lakhs shall be deposited in a fixed deposit account in the name of the daughter.

G. That both the parties will make a statement for grant of ir-

H. That the wife shall withdraw the complaint filed against the husband and her in-laws with the Crime Against Women Cell, Prashant Vihar, New Delhi, after divorce by mutual consent is granted.

2. It is made clear that in case for any reason either the child or the father is not available, prior intimation will be sent to the other party and the visitation rights shall be compensated on mutually agreed date. It is also made clear that this settlement is in full and final towards all claims of maintenance, dowry, etc.

3. Both the petitions stand disposed of in view of the aforesaid settlement. Parties shall be bound by the settlement arrived at in court today. 9^ S.. ti.S. SISTANI,jr December 14, 2010 sjs/ssn

Atuljain v. Shikha Gupta

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JUDGMENT

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