Shyam J.Bhan vs Rekha S.Bhan
2011 Latest Caselaw 2896 Del

62
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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CM(M) 1032/2008 & CM.No.22442/2010

%                              Judgment Delivered on: 30.05.2011

SHYAM J.BHAN                                     ..... Petitioner
                   Through:    Mr.H.L. Tiku, Sr. Advocate with
                               Mr.Thakur Sumit, Advocate

                   versus

REKHA S.BHAN                                   ..... Respondent
                   Through:    Mr.P. Norula, Advocate

       CORAM:
       HON'BLE MR. JUSTICE G.S.SISTANI

           1. Whether the Reporters of local papers may be allowed to see
              the judgment?
           2. To be referred to Reporter or not?
           3. Whether the judgment should be reported in the Digest?

G.S.SISTANI, J. (ORAL)

1. Present petition is directed against the order dated 14.07.2008

passed on an application filed by respondent, wife under Section 24

of the Hindu Marriage Act, seeking maintenance for herself and her

two minor daughters. During the pendency of the matter, the

younger daughter joined the petitioner in the United States of

America on 13.07.2008 and thereafter the elder daughter also

joined her father on 09.04.2010 in the United States of America.

The petitioner, husband has been looking after educational and

other day-to-day expenses of both the children.

2. After long deliberations for the past many dates of hearing, finally

parties have arrived at an amicable settlement. The terms of the

settlement are stated to be as under:

(A) The petitioner and respondent have agreed to seek divorce by way of mutual consent from the Court of Competent Jurisdiction at Delhi and in this regard they have agreed and undertaken to sign, verify and file appropriate Petition seeking dissolution of their marriage within six weeks from today. The Respondent has undertaken to this Court to fully co-operate and co-ordinate with the Petitioner and his lawyer in this regard and appear before the Hon'ble Court at the time of first and second motion and further as and when required.

(B) It is agreed between the parties that an amount of Rs.37,50,000/- shall be paid by the petitioner to the respondent wife. It is further agreed that the amount of Rs.37,50,000/- to be received by Respondent-wife is all inclusive of Alimony, Maintenance (past, present and future) and claims of every possible nature. Having received the said amount, the Respondent-wife shall have no claim against the Petitioner-husband of any kind whatsoever including but not limited to the interest(s) and right(s) in the properties, movable and immovable, belonging to or may owned by the Petitioner-husband for all times to come. This would operate complete severance of relationship between the parties with no obligation, legal or otherwise to either side.

(C) It is also agreed that this amount of `37,50,000/- would be inclusive of alimony, maintenance (past, present and future) and any other claim of the respondent against the petitioner as also against his family members. This amount of `37,50,000/- shall be paid in the following manner:

(i) A sum of `15,00,000/-shall be paid by the petitioner, husband to the respondent, wife by way of a demand

draft before the competent court at the time of recording of statement of the respondent during the first motion i.e. within six weeks from today.

(ii) Balance sum of `22,50,000/- shall be paid by the petitioner, husband to the respondent, wife in three equal instalments, amounting to `7,50,000/- each, in the following manner:

(a) The first instalment of `7,50,000/- shall be paid by the petitioner to the respondent after two months of the date of recording of the joint statement in the first motion in the divorce proceedings.

(b) The second instalment of `7,50,000/- shall be paid by the petitioner to the respondent after two months of payment of the first instalment; and

(c) The last instalment of `7,50,000/- shall be paid by the petitioner to the respondent at the time of passing of the decree of divorce before the concerned court.

(D) It has been agreed between parties that upon receiving `15,00,000/-, the respondent, wife, shall hand over vacant and peaceful possession of the first floor of the property bearing No.M-14/16, DLF, Phase-II, Gurgaon, to the petitioner, husband on or before 30.08.2011. (E) Petitioner, husband undertakes to this court that he will not sell, alienate, transfer or part with possession of the first floor of the property, except giving the same on rent for a period of not more than two years to any tenant, on normal terms and conditions, till such times the entire payments are not cleared.

3. Counsel for the petitioner submits that petitioner would have no

objection if the respondent removes her belongings lying at the

first floor of the premises. Counsel for the respondent submits that

some articles are also lying in the basement and second floor.

4. Counsel for the petitioner has assured the respondent that

petitioner, who will visit India in the first half of July, 2011 will

ensure that if any of the articles of the respondent, wife, are lying

in the basement and the second floor which had been presented to

the respondent by her parents, the respondent shall be allowed to

remove the same.

5. Counsel for the respondent submits that there are certain articles

in the ground floor also, which is denied by counsel for the

petitioner. However, it is agreed between the parties that when

the petitioner comes from United States of America and in case any

articles are lying in the ground floor, the same will be handed over

to the respondent.

6. The Petitioner and the Respondent have agreed and undertaken to

this Court to withdraw in writing all the cases both civil & criminal

(including the case filed by the Respondent under the Domestic

Violence Act against the Petitioner and his relatives), filed against

each other and against their relatives within two weeks from today.

The parties agreed and undertake to this Court that they shall not

hereafter directly or indirectly file any case against each other and

their relatives in future.

7. The parties state that in view of the terms settled as above, no

other issue survives between them, which need resolution and/ or

any adjudication. The parties have resolved all their disputes in the

aforestated mutually agreed terms. The parties undertake to this

Court to remain bound by the terms aforementioned.

8. In view of the settlement arrived at between the parties, no further

orders are required to be passed in the petition and the application.

The order dated 14.07.2008 is set aside and present petition and

the application are disposed of, in above terms.

G.S. SISTANI, J.

MAY 30, 2011 'ssn'