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Delhi High Court · 23 Dec 2010 · 2010:DHC:11638
Kailash Gambhir J.
MAT APP No. 71/2009
2010:DHC:11638
family appeal_dismissed

AI Summary

The Delhi High Court dismissed the matrimonial appeal as withdrawn pursuant to a binding settlement agreement reached through mediation, making the decree dissolving the marriage final.

Full Text
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Present:- Ms. Monica Kapoor for the appellant.
Mr. Ajay Majithia for the respondent.
+MAT APP No. 71_/2OO9
,< counsel for the parties state that both the parties have finally resolved all their inter se disputes pursuant to the intervention of Delhi High court Mediation &
Conciliation Centre. Counsel further submits that the settlement agreement dated 13.1 2.20L0 has been dulv executed between the parties before the mediation cell.
Both the parties are present in the court along with their respective counsel. In terms of the settlement agreement counsel for the respondent has handed over a demand draft for a sum of Rs. 5 lacs dated 2L .1,2.20L0 drawn on Punjab National Bank to the appellant in the court. The counsel for the appellant seeks to withdraw the present appeal as agreed by the appellant in terms of the settlement agreement dated L 3. 1 2 .20L0 .
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I have heard learned counsel for the parties.
2010:DHC:11638
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Vide order dated 16.1 1..20t0, this matter was sent to the Delhi High Court Mediation & Conciliation
Centre. Due to the intervention of the Mediation Centre the parties have finally agreed to settle all their disputes in terms of the settlement agreement dated 13.1 2.2010 .
In terms of the settlement agreement, the respondent has agreed to pay a total sum of Rs.l-4 lacs as full and final settlement of all the material claims of the appellant which includes her stridhan, present past and future maintenance or any other claim whatsoever. The respondent has agreed to pay a sum of Rs. 5 lacs at the time of withdrawal of the present appeal and an amount of Rs. 5 lacs at the time of recording of the statement of the appellant supporting quashing of FIR NO. 166/2000 and balance amount of Rs. 4 lacs at the time of withdrawal of petition filed by the appellant under Section 125 of the
Cr.P.C. The parties have also agreed that with the said payment of Rs. l-4 lacs, the appellant shall not left with any claim whatsoever against the respondent or his family members. The settlement agreement duly signed by the
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\, parties is Ex.C-l-. In view of the said settlement and as agreed by the appellant in the agreement, the appellant is permitted to withdraw the present appeal. The same is accordingly dismissed as withdrawn. With the dismissal of the present appeal, the
JUDGMENT
and decree dated
29.4.2009 passed by the learned ADJ, Delhi, thereby dissolving the marriage between the parties on the ground of desertion' shall become final. Both the parties shall remain bound by the ,"rrrilln" settlement agreement dated 13.12.2010 and they shall give full effect to the terms of the said settlement and under no circumstance shall deviate from the same.
With the above directions, the present appeal stands dismissed as withdrawn.
December 23,20L0 mg
KAILASH GAMBHI& J