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L# o/o 2L.L2.2OLO
Present:- Mr. Mr. D.P. Sharma for the aPPellant.
N.P. Singh for the respondent.
Dismissed as having become infructuous'
+MAT APP No. 49/2OOB & CM. No.443l2OLO
*
Both the parties are present in the court along with their resPective counsel. counsel for the parties submit that all inter se disputes between the parties have been resolved in. terms of iiie said Memorandum of Seitiement dated 13.12.20LO'
Counsel further submit that in terms of the settlement, the respondent husband has agreed to pay a total sum of Rs' 20 lacs, towards all the material claims of the appellant wife inclusive of stridhan, maintenance and permanent alimony and also towards the maintenance of the minor child'
Counsel also submit that the parties have now agreed to seek divorce by way of mutual consent'
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2010:DHC:11626 ol
Counsel for the respondent submits that in terms of the settlement first installment of Rs.L0 lacs shall be paid by the respondent husband to the appellant wife at the stage of the first motion petition while the second installment of Rs.5 lacs shall be paid by the respondent to the appellant
,ut the time of her appearance before the criminal court to support quashing of the FIR and last installment of Rs. 5 lacs shall be paid by the respondent at the stage of second motion. Counsel further submits that the parties have also agreed that the custody of the minor child shall remain with the appellant but in case the respondent wishes to meet the minor child then he wiII be entitled to do so with the consent of the appellant and her son. The appellant has also agreed to withdraw the petition filed by her under Section I25 of Cr.P.C., after the first motion petition is allowed. Counsel for the appellant submits that the impugned
-;rr7
L# o/o 2L.L2.2OLO
Present:- Mr. Mr. D.P. Sharma for the aPPellant.
N.P. Singh for the respondent.
Dismissed as having become infructuous'
+MAT APP No. 49/2OOB & CM. No.443l2OLO
*
Both the parties are present in the court along with their resPective counsel. counsel for the parties submit that all inter se disputes between the parties have been resolved in. terms of iiie said Memorandum of Seitiement dated 13.12.20LO'
Counsel further submit that in terms of the settlement, the respondent husband has agreed to pay a total sum of Rs' 20 lacs, towards all the material claims of the appellant wife inclusive of stridhan, maintenance and permanent alimony and also towards the maintenance of the minor child'
Counsel also submit that the parties have now agreed to seek divorce by way of mutual consent'
\-'
2010:DHC:11626 ol
Counsel for the respondent submits that in terms of the settlement first installment of Rs.L0 lacs shall be paid by the respondent husband to the appellant wife at the stage of the first motion petition while the second installment of Rs.5 lacs shall be paid by the respondent to the appellant
,ut the time of her appearance before the criminal court to support quashing of the FIR and last installment of Rs. 5 lacs shall be paid by the respondent at the stage of second motion. Counsel further submits that the parties have also agreed that the custody of the minor child shall remain with the appellant but in case the respondent wishes to meet the minor child then he wiII be entitled to do so with the consent of the appellant and her son. The appellant has also agreed to withdraw the petition filed by her under Section I25 of Cr.P.C., after the first motion petition is allowed. Counsel for the appellant submits that the impugned
JUDGMENT
and decree dated
28.1.2008 passed by the court of learned Additional Session
Judge, De1hi may be set aside in view of the said compromise arrived at between the parties.
-?
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I have heard learned counsel for the parties.
During the course of reconciliation proceedings, both the parties have agreed to settle all their inter se disputes in terms of the settlement as agreed to between the parties which finds mention in the memorandum of settlement dated 13.L2.2010. The said memorandum of settlement is duly signed by both the parties. The same is exhibited as Ex. C-L. In terms of the settlement, the respondent has agreed to pay a total sum of Rs. 20 lacs towards all the material claims of the appellant inclusive of stridhan, maintenance etc. and also towards maintenance of the minor child. Out of the said amount of Rs. 20 lacs, Rs.L0 lacs shatl be paid by the respondent to the appellant at the stage of first motion and Rs.S lacs at the time of the appearance of the appellant before the criminal court to support quashing of the FIR and remaining amount of Rs.5
Iacs shall be paid by the respondent to the appellant at the stage of second motion petition. It has also been agreed between the parties that the custody of the child would remain with the appellant and the respondent has been
* allowed to meet the child, subject to the condition that the appellant and the child would give their consent for the same. The appellant has also agreed to withdraw criminal proceedings filed by her under Section l-25 of Cr. P.C. As per the counsel for the parties, no other litigation is pending between the parties in any court. Both the parties have also agreed to render full cooperation to give effect to
*Le terms of the memorandum of settlement.
Y
Lril
In view of the said settlement arrived at between the parties, the impugned judgment and decree dated
28.1,.2008 shall not survive. If for any reason the parties do not comply with the terms of the memorandum of settlement, then all the proceedings shall get revived.
Both the parties are directed to remain bound by the terms of the memorandum of settlement dated
13.12.201,0. They shall take every step to give fuII effect to the terms of the said memorandum of settlement.
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In terms of the above, the present petition stands disposed of.
A tn l&"./
Decemb er 2L, }OLO KAILASH GAMBHIR, J mg
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28.1.2008 passed by the court of learned Additional Session
Judge, De1hi may be set aside in view of the said compromise arrived at between the parties.
-?
.u'u
I have heard learned counsel for the parties.
During the course of reconciliation proceedings, both the parties have agreed to settle all their inter se disputes in terms of the settlement as agreed to between the parties which finds mention in the memorandum of settlement dated 13.L2.2010. The said memorandum of settlement is duly signed by both the parties. The same is exhibited as Ex. C-L. In terms of the settlement, the respondent has agreed to pay a total sum of Rs. 20 lacs towards all the material claims of the appellant inclusive of stridhan, maintenance etc. and also towards maintenance of the minor child. Out of the said amount of Rs. 20 lacs, Rs.L0 lacs shatl be paid by the respondent to the appellant at the stage of first motion and Rs.S lacs at the time of the appearance of the appellant before the criminal court to support quashing of the FIR and remaining amount of Rs.5
Iacs shall be paid by the respondent to the appellant at the stage of second motion petition. It has also been agreed between the parties that the custody of the child would remain with the appellant and the respondent has been
* allowed to meet the child, subject to the condition that the appellant and the child would give their consent for the same. The appellant has also agreed to withdraw criminal proceedings filed by her under Section l-25 of Cr. P.C. As per the counsel for the parties, no other litigation is pending between the parties in any court. Both the parties have also agreed to render full cooperation to give effect to
*Le terms of the memorandum of settlement.
Y
Lril
In view of the said settlement arrived at between the parties, the impugned judgment and decree dated
28.1,.2008 shall not survive. If for any reason the parties do not comply with the terms of the memorandum of settlement, then all the proceedings shall get revived.
Both the parties are directed to remain bound by the terms of the memorandum of settlement dated
13.12.201,0. They shall take every step to give fuII effect to the terms of the said memorandum of settlement.
:\i bvl
In terms of the above, the present petition stands disposed of.
A tn l&"./
Decemb er 2L, }OLO KAILASH GAMBHIR, J mg
\.2
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