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$-37 & 38 HIGH COURT OF DELHI
CRL.REV.P. 581/2012 & CRL.M.A. 17905/2012 (Delay)
,ANURADHA &ANR. Petitioner
Through: Mr.Arvind Dhingra, Adv.
CRL.REV.P. 581/2012 & CRL.M.A. 17905/2012 (Delay)
,ANURADHA &ANR. Petitioner
Through: Mr.Arvind Dhingra, Adv.
VERSUS
JAGMOHAN AGGARWAL Respondent
Through: Mr. P.D. Gupta, Senior Advocate with Mr. Atul Gupta, Advocate.
Through: Mr. P.D. Gupta, Senior Advocate with Mr. Atul Gupta, Advocate.
CRL.REV.P. 129/2013 & CRL.M.A. 2746/2013,(Delay)
JAG MOHAN AGGARWAL Petitioner
Through: Mr. P.D. Gupta, Senior Advocate with Mr. Atul Gupta, Advocate
JAG MOHAN AGGARWAL Petitioner
Through: Mr. P.D. Gupta, Senior Advocate with Mr. Atul Gupta, Advocate
VERSUS
SMT ANURADHA &ANOTHER Respondents
Through: Mr.Arvind Dhingra, Adv.
Through: Mr.Arvind Dhingra, Adv.
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
20.09.2017 With the efforts ofthe learned advocates appearing for the parties in these two cases, the dispute between the husband/ Jag Mohan Aggarwal and the wife/ Anuradha has been settled.
This Court has been informed that it has been agreed between the parties that the spouses shall have their marriage dissolved by mutual
2017:DHC:8292 consent and for the aforesaid purpose they shall take necessary steps before the Family Court within a period oftwo weeks from today. Apart from this, it has been agreed that the husband/ Jag Mohan Aggarwal shall pay a total amount of Rs. 27,50,000/- to the wife, namely, Anuradha and 15 year old daughter, namely Richita, which would be towards their full and final settlement on account of past, present and future maintenance, alimony, dowry and expenses for the marriage of Richita. Half of the aforesaid amount is required to be paid at the time of recording of the statement during the first motion for mutual divorce before the family court and the balance half shall be paid at the time of quashing of FIR No. 318 dated
25.04.2004 which has been lodged at the behest of the wife under Section
498-A/406 and 34 of the IPC. The daughter of the spouses shall remain under the care and custody of the mother, who shall alone act as natural/legal guardian. The husband/ Jag Mohan Aggarwal shall never claim the custody of the daughter.
Learned counsel for both the parties have also submitted that now, there is no necessity for the Family Court to wait for the cooling period of6 months and if the Court is satisfied, the period of six months, before decreeing divorce by mutual consent, could be waived. Whenever, such an application shall be made by the parties before the Family Court, the same would be considered in right perspective bythelearned court below.
Needless to state that the husband shall also take prompt steps for filing of the quashing of the FIR for the reason that the balance amount of
Rs. 13.75 lakhs is required to be paid only at the time ofquashing ofthe subject FIR.
The parties have entered into this settlement of their ownfree will and volition andwithoutany pressure or,eoerdonfrom any quarter. Theparties are present in person and affirm the aforesaid statements made by the counsels. . .
Since the disputes have been settled between the parties, permission has been sought for withdrawingboththe revision petitions.
For the reasons aforesaid, the permission to withdraw the revision petitions is granted.
Boththe revision petitions are dismissed as withdrawn.
Dasti.
ASHUTOSHKUMAR
SEPTEMBER 20,2017 NC
20.09.2017 With the efforts ofthe learned advocates appearing for the parties in these two cases, the dispute between the husband/ Jag Mohan Aggarwal and the wife/ Anuradha has been settled.
This Court has been informed that it has been agreed between the parties that the spouses shall have their marriage dissolved by mutual
2017:DHC:8292 consent and for the aforesaid purpose they shall take necessary steps before the Family Court within a period oftwo weeks from today. Apart from this, it has been agreed that the husband/ Jag Mohan Aggarwal shall pay a total amount of Rs. 27,50,000/- to the wife, namely, Anuradha and 15 year old daughter, namely Richita, which would be towards their full and final settlement on account of past, present and future maintenance, alimony, dowry and expenses for the marriage of Richita. Half of the aforesaid amount is required to be paid at the time of recording of the statement during the first motion for mutual divorce before the family court and the balance half shall be paid at the time of quashing of FIR No. 318 dated
25.04.2004 which has been lodged at the behest of the wife under Section
498-A/406 and 34 of the IPC. The daughter of the spouses shall remain under the care and custody of the mother, who shall alone act as natural/legal guardian. The husband/ Jag Mohan Aggarwal shall never claim the custody of the daughter.
Learned counsel for both the parties have also submitted that now, there is no necessity for the Family Court to wait for the cooling period of6 months and if the Court is satisfied, the period of six months, before decreeing divorce by mutual consent, could be waived. Whenever, such an application shall be made by the parties before the Family Court, the same would be considered in right perspective bythelearned court below.
Needless to state that the husband shall also take prompt steps for filing of the quashing of the FIR for the reason that the balance amount of
Rs. 13.75 lakhs is required to be paid only at the time ofquashing ofthe subject FIR.
The parties have entered into this settlement of their ownfree will and volition andwithoutany pressure or,eoerdonfrom any quarter. Theparties are present in person and affirm the aforesaid statements made by the counsels. . .
Since the disputes have been settled between the parties, permission has been sought for withdrawingboththe revision petitions.
For the reasons aforesaid, the permission to withdraw the revision petitions is granted.
Boththe revision petitions are dismissed as withdrawn.
Dasti.
ASHUTOSHKUMAR
SEPTEMBER 20,2017 NC
JUDGMENT