Radhika Tandon Bhatia And Ors vs Anuj Bhatia
2015 Latest Caselaw 660 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+    CS(OS) 2172/2010 and I.A. 11015/2012, 2343/2014 and
     8992/2014

                                                   Decided on : 22.01.2015
IN THE MATTER OF:
RADHIKA TANDON BHATIA AND ORS                      ..... Plaintiffs
                  Through: Ms. Shobhana Takiar, Advocate

                       versus

ANUJ BHATIA                                                   ..... Defendant
                       Through: Mr. Ranjay N., Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)


I.A. 1640/2015 (joint application by the parties u/O XXIII R-3
CPC)

1.

The present joint application has been filed by the parties stating

inter alia that during the pendency of the present proceedings, the parties

have arrived at an out of court settlement.

2. Counsels for the parties state that the plaintiff No.1 is the wife of the

defendant and the plaintiffs No.2 and 3 are the minor children of the

plaintiff No.1 and the defendant, in a suit for maintenance, residence and

mandatory injunction instituted by them. The terms and conditions of the

settlement arrived at between the parties, have been set out in para 4 of

the application. Para 4 has been split into sub-heads, dealing with issues

relating to the maintenance of the minor children, residence/transfer of

immovable property situated at Navjivan Vihar, lumpsum payment to the

plaintiff No.1 and the custody/visitation rights in respect of the plaintiffs

No.2 and 3. Counsels for the parties state that vide order dated

17.05.2013, the defendant was directed to pay a sum of `1,70,000/- to

the plaintiffs on a monthly basis, apart from some other financial

arrangements recorded in the said order and it has been agreed that the

said arrangement shall continue till the parties apply for a decree of

divorce by mutual consent and the divorce decree is obtained. Thereafter,

the terms and conditions stipulated in the compromise application shall be

given effect to. They submit that the suit may be decreed in terms of the

settlement recorded in the present application.

3. The Court has heard the counsels for the parties and perused the

application. The same has been signed by the plaintiff No.1 for self and as

natural guardian and next friend of the plaintiffs No.2 and 3 as also by the

defendant and their respective counsels. The application is supported by

the affidavits of the plaintiff No.1 and the defendant.

4. As counsels for the parties state that the parties have arrived at the

aforesaid settlement of their own free will and volition and without any

undue influence or coercion from any quarters, there appears no legal

impediment in accepting the same. Further, the Court is satisfied that the

settlement is in the best interest of the minors, plaintiffs No.2 and 3 and

has been arrived at by their parents, who are their natural guardians after

taking into consideration their highest interest. All the parties shall

remain bound by the terms and conditions of the settlement.

5. The application is allowed and the suit is decreed in terms of the

settlement recorded in the application and noted hereinabove.

6. The suit is disposed of alongwith the pending applications, while

leaving the parties to bear their own costs.

7. File be consigned to the record room.

(HIMA KOHLI) JUDGE JANUARY 22, 2015 rkb/mk