Delhi High Court
Ms.Somyashree Mishra vs Sanjib Kumar Panda on 16 March, 2009
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ IPA No.1/2007
% Date of Decision : 16.03.2009
Ms.Somyashree Mishra .... Petitioner
Through: Mr. T.R. Kakkar, Advocate for the
petitioner with petitioner in person.
Versus
Sanjib Kumar Panda .... Respondent
Through: Mr. Prafulla Kumar Behra and Mr.
Ghanshyam, Advocates for the
respondent with respondent in person.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J.
*
+ IPA No. 1/2007 & IA Nos. 334-335/2007
This is a petition under Section 18 of Hindu Adoption and
Maintenance Act, 1956 read with Order XXXIII of the Code of Civil
Procedure, 1908, for grant of permanent maintenance to the
petitioner/applicant.
The matter was referred for mediation to Delhi High Court
Mediation and Conciliation Center, New Delhi (in short 'DHCMCC'). A
settlement agreement dated 23rd October, 2008 has been filed.
Under the settlement, the parties have agreed that they would file
a divorce petition by mutual consent within a period of three weeks
from the date of settlement. The settlement agreement also recorded
the fact that the respondent had deposited an amount of Rs. 2,07,000/-
in the shape of an FDR in the name of the petitioner, which amount
was given as a security towards the istridhan of the petitioner. The
respondent has also undertaken to pay the said amount along with
interest accrued on the said FDR to the petitioner.
The parties agreed that undertaking to pay the amount shall be
recorded in the first motion for divorce by mutual consent and the
respondent has also undertaken to pay a sum of Rs. 50,000/- by way of
a Pay Order at the time of recording of the statement in the first motion
towards full and final settlement of the claims of Ms. Soumyashree
Mishra/petitioner. The petitioner has also undertaken that she would
have no further claims on the respondent and that on release of the
FDR along with interest plus an additional amount of Rs. 50,000/-, she
will not claim anything further. The petitioner also undertook to move
an application for quashing of the complaint filed by her under Section
498-A of the Indian Penal Code. The petitioner also agreed that on
decree of divorce by mutual consent being granted, she will inform the
passport office and will change her name and status within 30 days of
obtaining the decree of divorce by mutual consent. The petitioner has
also undertaken not to pursue the proceedings against the respondent
under Section 125 of the Criminal Procedure Code, 1973, which are
pending in the court of Ms. Ruby Alka Gupta, Learned Metropolitan
Magistrate.
The parties, who are present in Court, have stated that they have
signed the settlement before the Mediator, DHCMCC on their own free
will and the said settlement has also been signed by their respective
counsel.
Despite the settlement agreement, a dispute has arisen regarding
the arrears of maintenance charges payable to the petitioner by the
respondent, in view of the order passed under Section 24 of the Hindu
Marriage Act.
After some arguments, learned counsel for the respondent has
agreed to pay a sum of Rs. 12,000/- as arrears of maintenance charges
in full and final settlement of all the claims besides the amount of Rs.
2,07,000/- with interest and Rs. 50,000/- which was agreed before the
Mediator, DHCMCC. The petitioner, who is present in person, has also
agreed to take Rs. 12,000/- in full and final settlement of arrears of
maintenance charges till 23rd October, 2008, when the settlement was
arrived at between the parties.
In the facts and circumstances and with this modification that
the respondent will pay another sum of Rs. 12,000/- towards arrears of
maintenance charges, all the disputes between the parties are settled.
The additional amount of Rs. 12,000/- shall be paid by the respondent
to the petitioner at the time of recording of first motion, pursuant to the
petition under Section 13 (b) of Hindu Marriage Act for resolution of
their divorce by mutual consent.
Consequently, the petition along with pending applications is
disposed of in accordance with the settlement arrived at between the
parties, subject to the modification that an additional amount of Rs.
12,000/- be paid by the respondent to the petitioner at the time of
recording of first motion. Decree shall be drawn accordingly.
MARCH 16, 2009 ANIL KUMAR, J.
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