Delhi High Court
Shikha Saini vs Gurinder Singh Saini on 6 July, 2012
Author: Veena Birbal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO 496/2011
% Date of Decision: 06.07.2012
SHIKHA SAINI ..... Appellant
Through: Mr. Ashutosh and Ms. Nivedita, Advs.
versus
GURINDER SINGH SAINI ..... Respondent
Through: Mr. R.P.S.Bhatti, Adv.
CORAM:
HON'BLE MS. JUSTICE VEENA BIRBAL
VEENA BIRBAL, J.(ORAL)
*
CM Nos. 21169/2011 (u/s 5 of Limitation Act for condonation of delay in
filing the appeal) & 21171/2011 (u/s 5 of Limitation Act for condonation
of delay in re-filing the appeal)
Learned counsel for respondent has not opposed these applications.
In view of the reasoning given in the applications, delay in filing the
appeal and delay in re-filing the appeal is condoned.
FAO No. 496/2011
After some arguments the parties have agreed for the disposal of
present appeal as under:-
(i) Respondent husband will pay Rs.3,000/- per month to the appellant
wife towards maintenance w.e.f. 01.07.2012 and this payment of
maintenance will continue till the final disposal of the application of the
appellant wife under Section 125 Cr. P.C. which is pending before the
concerned MM, Delhi. This arrangement will have no bearing on the
application of the appellant wife under Section 125 Cr. P.C. and the learned
MM shall be free to decide the same on merits and if any maintenance is
awarded to the appellant wife, the amount already paid shall be deducted
from it.
(ii) As regards the custody of the children, there are two children born
from the wedlock; one son named Suryadeep Singh is aged 17 years and the
other son Gauravdeep Singh is aged 16 years. It has been agreed that till
both the children attain the age of 18 years, the appellant wife shall be at
liberty to meet them on every 4th Friday from 2.00 to 5.00 p.m. at
Chandigarh. The respondent will leave the children at the Mediation Centre
of the District Court, Sector 17, Chandigarh where respondent will meet the
children from 2.00 p.m. to 5.00 p.m. The meeting place has been chosen as
per the convenience of both the parties. Respondent husband has agreed that
he will pay to and fro travelling expenses of the appellant wife who can also
take one escort with her and shall pay Rs.1200/- as expenses to her for every
visit and that amount will be given to her whenever she visits there. The
above expenses includes the expenses of escort also. The travelling
expenses of one side is stated to be Rs. 200 p.m. from Delhi to Chandigarh.
(iii) It has been agreed between the parties that appellant wife can talk to
both the children on telephone on any day after their school hours and
respondent will have no objection in this regard.
(iv) Further, it has been agreed that during vacations respondent can take
the children at her parents' house at Delhi where they can stay for 7 days in
summer vacation, 5 days in December and 2 days in Dussehra holidays with
her. The parties have agreed that dates of stay in vacation shall be fixed by
parties after talking to each other and on seeing the calendar of vacation of
children.
In compliance of above order respondent husband has paid part
payment of Rs.1500/- towards maintenance to the wife in Court.
Respondent has stated that he will give balance amount of Rs.1500/- to the
appellant wife on 20.07.2012 when on the said date they both have to attend
a case. Respondent has also agreed that he will pay Rs.3,000/- to the
appellant wife by the 7th of every month.
It has been agreed that the appellant shall furnish her bank details to
the respondent husband within two weeks from today and he will directly
deposit the aforesaid agreed amount by 7th of every month in the said
account.
The impugned order stands modified in terms of settlement between
the parties. The appeal stands disposed of accordingly.
Dasti to both the parties.
VEENA BIRBAL, J
JULY 06, 2012
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