Richa Mehta v. Adil Mehta

1 Therespondentsubmitsthathehasbroughtabank draftinthesum of Rs.7.[5] lacsfor paymenttothe appellantintermsofthesettlementagreement dated ift^ March,2016 arrived at between the parties before the Mediation Centre.

2. The original settlement agreement is placed on record.The same has been shownto the parties.The appellantconfirmsthatthesame issigned by her at all point which are Points.XI to X12. The respondent has also confirmed his signatures at Points Y[1] to Y12. The parties submit that the said settlement agreement has been signed by them voluntarily without any kind ofcoercion,force or undue influence.The settlement agreement is also signed by the respective counsels ofthe parties as well as learned Mediator. The same appears to be voluntary and there is no legal impediment for accepting the same. The settlement dated 11*^ March,2016 is accepted in full and final settlement oftheir disputes and claims.

3. In terms ofthe settlement,:the appellant has agreed to receive a total sum of Rs.l[5] lacs in full and final settlement of all claims of her minor daughter namely Kanak as well as herself.Each ofthem is entitled to asum ofRs.7.50 lacs.Today the amountpayableto the wife has been handed over by pay order.The balance amountis payable intwoinstalments.

4. Learned counsel for the respondent on instructions from the respondent submits that in order to arrange for the said amount, it is necessaryto sellthe property bearing No.FlatNo.3004ofProperty No.37-A, Near Jeevan Anmol Hospital, Pratap Nagar, Mayur Vihar, Delhi. The appellant has 80% share in the said property. In terms of the settlement agreement dated 11^ March,2016the appellant has agreed to relinquish her share from the said property.

5. Learned counsel for the appellant submits that in order to secure the payment of the balance amount payable in terms of the agreement, it is necessary to complete the sale of the said property, for which the relinquishment deed from the appellantis necessary.

6. The appellant submits that she has no objection in executing the relinquishment deed prior to the statement of the parties recorded in the second motion,ifthe second motion is filed/fixed for recording statement of the parties on the date to be notified by the counsel for the respondent, which in any case shall notbe beyond 18 months ofthe execution ofthe first motion.

7. It is stated that the parties shall file the first motion petition for dissolution of the marriage pfthg,,parties within 10 days from today. The relinquishment deed shall be executed immediately thereupon. The respondent undertakes that he shall complete all steps for filing of the second motion within[7] months ofthe execution ofthe relinquishment deed. In case the same is not done,all legal proceedings initiated by the appellant shall stand revived and the amount paid to the appellant shall also stand forfeited. It is further stated by the respondent that he shall also render himselfliablefor appropriate action,in case ofbreach ofthis undertaking.

8. The proposal and the undertakings given by the respondent noted above appear to be fair. Learned counsel for the appellant, on instructions, submits that the same are acceptable to the appellant to ensure the working ofsettlement dated II"'March,2016.

9. We acceptthe undertakings given by the respondent who shall remain bound by the same.In case ofbreach,all consequences noted in para7shall follow. The appellant shall be entitled to invoke any other remedy and seek any other law she is entitled to in law.

10. In view ofthe above,the present appeals and the pending applications are disposed ofinterms ofsettlementagreementdated 11^''March,2016and theterms entered before us in para Nos.4to 7hereinabove.

GMA MITJAETJ _ CHTA,J