Full Text
6# o/o 23.12.201.0
Present:- Mr. Kuldeep singh for the appellant along with appellant.
Mr. Rajan Sharma for the respondent along with
Respondent. bt klH
L^t, +CM. N APP N
By this application filed under Order 23 Rule
2 & 3 r/w section 151- cPC, both the parties seekto place on record the deed of settlement dated 2I.1,2.2010, whereby both the parties have settled all their disputes in terms of the said settlement deed.
Mr. Kuldeep Singh, counsel for the appellant states that in view of the settlement arrived at between the parties, the impugned
JUDGMENT
1.10.2009, passed by the learned ADJ, Delhi may be set aside.
During the course of reconciliation proceedings both the parties had agreed to settle all their inter se disputes. Both the parties have now moved the present applic'ation under order 23 Rule 2 and 3 r/w Section
151 CPC, and along with the application the parties have I sJ \t 2010:DHC:11613 v :/ t IV rl also placed on record deed of settlement dated 2L.tz.zoLo. Both, the parties are present in the court. They state that they have fully gone through the contents of the deed of settlement dated 21,,L2.20j.0 and the averments of the application filed under order 23 Rule 2 and g of cpc and the affidavits filed by them in supporL of the application. They also state that the application and . the deed of settlement has been signed after having fully understood the contents of the same. Let joint statement of both the parties be recorded separately. Joint statement of the parties has been recorded. challenged the judgment and decree dated i..i.0.2009 passed by the Court of Shri Umesh Singh Grewal, ADJ (North-2) Delhi, whereby the petition filed by the'respondent husband under section 9 of the Hindu Marriage Act was allowed. During the pendency of the present appeal efforts were made to persuade the parties to settle all their disputes and ( pursuant to the said efforts and with active assistance of both the counsel representing the parties, the parties have finally agreed to settle all their disputes. The parties have executed a deed of settlement dated 2t.I.22010 Ex. C-l- and in terms of the said settlement the respondent has agreed to pay a total sum of Rs.9 lacs towards full and final settlement of all the material claims and future maintenance of the minor child Simran. The parties have further agreed to seek divorce by mutual consent. The parties |ave also agreed to make arrangement with regard tq the ;isiting rights of respondent husband to visit the minor child in terms of para 4 and 5 of the deed of settlement. Both the parties have also agreed that the respondent husband shall pay an amount of Rs.6 lacs at the stage of first motion by way of fixed deposit in the name of the minor child Simran Popli under the guardianship of the appellant and the balance amount of Rs. 3 lacs shall be paid. in the same manner at the stage of section motion. The parties have also agreed that within a week after this settlement, both the parties shall withdraw the t .t -*- -/- I l. t,t \-/ id cases filed by them against each other in terms of para 3 of the deed of settlement. Since the parties have now agreed to seek divorce by mutual consent, therefore, the judgment and decree dated L.10.2009 passed by the learned ADJ, Delhi, thereby allowing the petition of the respondent husband under Section 9 of the Hindu Marriage Act *]tt r* survive and the same shall become infructuous. It is made clear that both the parties shall remain bound by the terms of the deed of settlement dated 2I.L2.2010 and under no circumstance will deviate from the same. The parties undertake to give full effect to the terms of the deed of settlement. r In view of the above, the present appeal I \-1 siands disposed of. December 23, 20L0 n xannWnwBHIR,J ,[V,o g'4*'^- CrTJ : ,.r w< Cm &qs1 ffi, - ,S,-Pq On Aq6 lttu-1$ LPC o(\ &viij; - DxQYnPh'q^/