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FAO(OS)14/2017
AVNIJA AHLUWALIA(MINOR) Appellant
Through: Mr.Manav Gupta,Adv.
Through: Mr.Anil KT.Gupta, Mr.Piyush Gupta, Mr.Satvik Bajaja and
Mr.Amit Sharma,Advs. CMNo.36536/20I7in
BIKRAMJIT AHLUWALIA Appellant
Through: Mr.Anil Kr.Gupta,
VIKAS AHLUWALIA Appellant
Through: Mr.Anil Kr.Gupta, with appellant FAOfOS)14.26/2017& Mat.Ap(FC)174/2017 page1of4
2017:DHC:9058-DB i V
HON'BLE MR.JUSTICE C.HARISHANKAR
11.10.2017 CM No.36537/2017 in FAGIOSI 14/2017; CM No.36536/2017 in
174/2017(for withdrawalofappeals)
ORDER
1. CM No.36537/2017 in FAO(OS)14/2017 has been filed on behalf of the minor-appellant by Ms. Simran Ahluwalia, her mother and guardian; CM No.36536/2017 in FAO(OS)26/2017 has been filed by the appellant therein-Mr. Bikramjit Ahluwalia; and CM No.36512/2017 in MATAPP.(F.C.) 174/2017 has been filed by the appellant therein-Mr. Vikas Ahluwalia placing on record a mediation settlement dated 25^*' September,2017 entered into between Mr. Vikas Ahluwalia, his father Sh. Bikramjit Ahluwalia and Ms.Simran Ahluwalia on behalfofherselfas well as her minor daughter Ms.Avnija Ahluwalia.
2. We may note that Ms. Sin*an Ahluwalia and Mr. Vikas Ahluwalia are present in court. Learned counsel for the parties submit that the settlement agreement dated 25* September,2017 (AnnexureIto CM No.36537/2017;wasentered voluntarilyand of the fi-ee willofthe parties. Itissubmitted thatthe settlementhas FAO(OS)14,26/2017&Mat.Ap(FC)174/2017 2of[4] been arrived at keeping in view the welfare and benefit of all the parties especially the minor child Ms.Avnija Ahluwalia.
3. The parties who are present also confirm the same and submit that they are satisfied with the terms ofsettlement. Parties undertake to remain bound by the terms of the settlement and ensured thatthey will strictly abide by the same.
4. We have examined the settlement dated 25^ September, ^ 2017(annexure I hereto)which is signed by all the partiesthereto. We are satisfied that the settlement was entered into bonafide and without any kind offorce,pressure or undue influence. The terms of the settlement are in the welfare and benefit of Ms. Avnija Ahluwalia, the minor daughter of Ms. Simran and Mr. Vikas Ahluwalia.
5. We accept the undertakings given by the parties. Parties shall remain bound by the terms oftne settlement.
6. By these applications, the applicants have sought leave to withdraw the appeals. The appeals are, therefore, disposed ofas r withdrawn keeping in view the setlement dated 25^ September,
2017.
7. We are also informed that the first motion under Section 13(B)(1)ofthe Hindu Marriage Act,1956has been filedjointly by Ms. Simran Ahluwalia and Mr. Vikas Ahluwalia captioned as Vikas Ahluwalia and Simran Ahluwalia''' which is listed before Mr. Narottam Kaushal, Principal Judge, Family Courts, District South and the date in the matter has been fixed for 23'"'^ October, FAO(OS)14,26/2017&Mat.Ap(FC)174/2017 j r V
2017. Ms. Simran and Mr. Vilas Ahluwalia are separated since 2008 and have been litigating in proceedings under Section 13 of the Hindu Marriage Act for ajnost seven years. With great difficulty, they have been able to settle their disputes before the Delhi High Court Mediation & Conciliation Centre. It is well settled thatthe parties have notcchabitated since 2008. It is therefore expected thai the learned Family Court Judge shall expeditiously proceed in the matter in accordance with law.
8. In view ofthe disposal oftje appeals,the date fixed in these casesfor 30'^ October,2017shall stand cancelled.
9. Both parties have expressed their appreciation for the facilitation and efforts put in by Ms. Veena Ralli and Mr. Rajiv Agarwal, the mediators in the present appeals. We also place on record our appreciation for the work undertaken by them at Samadhan-Delhi High Court Medation & Conciliation Centre. Let a copy of this order be sent to the Delhi High Court Mediation & Conciliation Centre. Dastito parties.