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HIGH COURT OF DELHI
Date of Decision: 20th September, 2023
NAND KISHORE ..... Appellant
Through: Ms. Anisha Mathur, Mr. Rahul Kumar, Mr. Shubham Pandey, Ms. Soumya Dubey & Ms. Himani Kalra, Advocates with appellant in person.
Through: Ms. Prachi Gupta, Advocate for R-2 with R-2 in person.
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. The present application under Section 5 of the Limitation Act has been filed on behalf of the applicant/appellant seeking condonation 40 days’ delay in filing the present appeal.
2. For the reasons and grounds stated in the present application, the application is allowed, the delay of 40 days in filing the present appeal is condoned.
3. Accordingly, the present application is disposed of.
4. We have interacted with the parties in the Court and the parties have Digitally agreed voluntarily and without any coercion to the following terms of settlement: -
(i) That the parties have agreed to take divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.
(ii) That the appellant shall pay a total amount of Rs. 1,25,000/-
(Rupees One Lakh Twenty Five Thousands/-) to the respondent towards permanent alimony, maintenance and all other expenses as a full and final settlement.
(iii) That the parties shall file the First Motion Petition under
Section 13B I of the Hindu Marriage Act, 1955 before the learned Family Court and the appellant shall pay an amount of Rs. 50,000/- (Rupees Fifty Thousands/-) to the respondent/wife at the time of recording of the statement of the parties in the First Motion Petition.
(iv) That the appellant shall withdraw the divorce petition at the time of filing the first motion petition.
(v) That the parties shall file petition the Second Motion Petition under Section 13 B II of the Hindu Marriage Act, 1955 before the learned Family Court within four weeks of the First Motion Petition along with requisite application seeking waiver of statutory period which may be considered by the learned Judge, Family Court.
(vi) That the remaining amount of Rs. 75,000/- (Rupees Seventy
Five Thousands/-) shall be paid by the appellant to the respondent/wife at the time of recording of the statement of the parties in the Second Motion Petition. Digitally
5. The parties undertake to remain bound by the terms of settlement.
6. It is made clear that if breach of any terms of the aforesaid settlement on behalf of either parties, the defaulting party shall be liable to Contempt of Court and shall be prosecuted under the Contempt of Courts Act, 1971.
7. It is also made clear that if the respondent/wife resiles from the aforesaid terms of settlement made before this Court, she shall return the whole amount received by her to the appellant/husband along with interest @ 7% per annum.
8. In view of above settlement, learned counsel for the appellant, on instructions, seeks leave to withdraw the present appeal.
9. Leave granted.
10. The present appeal along with pending application is dismissed as withdrawn.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE SEPTEMBER 20, 2023 S.Sharma Digitally