Delhi High Court
Shivali Dhillon And Anr. vs Jitender Singh on 17 November, 2015
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 60/2013
Date of Judgment : 17th November, 2015
SHIVALI DHILLON & ANR. .....Appellants
Through : Mr. Meera Kaura Patel, Advocate with
petitioner in person.
versus
JITENDER SINGH ..... Respondent
Through : Mr. Ranbir Chhillar, Advocate with
respondent in person.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G. S. SISTANI, J. (ORAL)
Aggrieved by the order dated 05.07.2013 passed by the Family
Court, the petitioner has filed the present appeal.
We have heard the parties as also their counsel in the chamber.
After interacting with the parties, the parties have arrived at an amicable
full and final settlement to resolve all their disputes and differences on the
following agreed terms :
1. Parties agree that they would seek divorce by mutual consent.
2. First motion would be prepared and filed within 10 days from
today.
3. The second motion will be filed in the month of June, 2016.
4. Parties have agreed that the respondent would pay a sum of Rs.55
Lacs towards maintenance and alimony for petitioner as also for
the minor child in the following manner :
MAT.APP.(F.C.) 60/2013 PAGE 1 OF 3
a) A cheque bearing No. 921671 dated 23.11.2015 for Rs.5
Lacs drawn on State Bank of India, Rohtak, Haryana has
been handed over to the petitioner in Court today.
b) Rs.25 Lacs on or before 1st February, 2016.
c) Rs.20 Lacs at the time of making a statement in the second
motion.
d) Rs.5 lacs at the time of quashing the FIR.
5. Out of Rs.55 Lacs, Rs.25 Lacs will be paid in the name of minor
daughter, which shall not be withdrawn by the mother till the
daughter attains the age of majority.
6. Should the respondent not sign the second motion, it is agreed that
amount paid to the petitioner shall stand forfeited.
7. Should the petitioner not sign the second motion, it is agreed that
the petitioner would be liable to pay double the amount to the
respondent.
8. Parties agree to withdraw all interse litigations filed against each
other.
9. The respondent will make an application for quashing of FIR after
the second motion. In case sum of Rs.55 Lacs stands paid, the
petitioner will have no objection if the FIR is quashed and she will
make a statement in Court. All litigations pending between the
parties shall be kept in abeyance till the decree of divorce is
granted and thereafter shall be deemed to be withdrawn and shall
also be withdrawn by the parties individually.
10. Parties agree that settlement arrived at before the Court would be
treated as an undertaking before the Court.
MAT.APP.(F.C.) 60/2013 PAGE 2 OF 3
Parties have been explained the consequences of breach of
undertaking. This court must record its appreciation for the efforts made
by learned counsel for the parties and the parties in resolving the matter.
Parties have signed the order sheet in token of their acceptance.
The present appeal stands disposed of in above terms.
Copy of the order be given dasti to the parties, as prayed.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
NOVEMBER 17, 2015
gr
MAT.APP.(F.C.) 60/2013 PAGE 3 OF 3
