Queeny Pradhan vs Rakesh Kumar
2015 Latest Caselaw 6703 Del

32
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2332/2014 & IA No.14544/2014
      QUEENY PRADHAN                                 ..... Plaintiff
                   Through : Mr. S.S. Jauhar, Advocate


                        versus

      RAKESH KUMAR                                   ..... Defendant
                        Through : Ms. Manita Verma, Advocate with
                        defendant in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 08.09.2015

1. Pursuant to the order dated 7.9.2015, Ms. Manita Verma,

Advocate is present along with the defendant and explains her

absence in the Court yesterday by submitting that the defendant had

informed her that he would appear in the case on his own. She

submits that she was not aware of the fact that the defendant had

engaged some other counsel to appear for him in the case.

2. On the first call, the case was passed over to enable the parties

to resolve some minor issues raised by the defendant in the First

Motion for divorce drafted by the plaintiff's counsel. On the second

call, counsels for the parties jointly state, on instructions, that the

issues raised by the defendant have been satisfactorily addressed and

both the parties have signed the newly drafted First Motion, original

whereof has been handed over to the plaintiff's counsel. They state

that now the Settlement Agreement dated 13.5.2015 be taken on

record and the suit be decreed in terms thereof.

3. Upon the parties being referred to the mediation, they have

been able to negotiate a settlement before the Delhi High Court

Mediation & Conciliation Centre, reduced into writing on 13.5.2015.

The terms and conditions of the settlement have been set out in para

10 of the Agreement, whereunder both the parties have agreed that

they shall file a joint application for dissolution of marriage by mutual

consent before the competent court on or before 23.5.2015.

4. Counsels for the parties state that now that the defendant has

signed the First Motion, the plaintiff shall submit the same before the

competent court tomorrow itself.

5. Counsel for the plaintiff states that the defendant has been

rather slippery in discharging his obligations under the agreement and

he may be directed to ensure that he remains present before the

competent court at the time when the First Motion is taken up and on

the second motion being filed later on.

6. Counsel for the defendant undertakes that her client shall abide

by the terms and conditions of the settlement and appear before the

competent court when the First Motion is moved and subsequently,

when the second motion is filed.

7. Counsel for the plaintiff points out that the defendant has not

paid the sum of Rs.5,000/- per month that he had agreed to pay

towards the maintenance of the minor child of the parties in terms of

clause 10(b) of the Settlement Agreement.

8. Counsel for the defendant assures the Court that the defendant

shall pay the arrears for the months of June, July and August, 2015 to

the plaintiff before the competent court at the time when the First

Motion is moved and he undertakes to pay the monthly maintenance

for the minor child @Rs.5,000/- per month on or before the 15th day of

each calendar month as already agreed.

9. The defendant has also agreed to pay a sum of Rs.1.00 lac to

the plaintiff in full and final settlement of all her claims, subject matter

of the present suit, and the parties have agreed that the said amount

shall be paid by the defendant to the plaintiff at the time of filing the

second motion.

10. The remaining terms and conditions of the settlement have been

set out in para 10(e) to (j) of the Settlement Agreement dated

13.5.2015.

11. Counsels for the parties jointly state that the suit may be

decreed in terms of the settlement arrived at between the parties.

12. The Court has perused the Settlement Agreement dated

13.5.2015. The same has been signed by the plaintiff and the

defendant and by their respective counsels as also by the learned

Mediator. As the counsels for the plaintiff and the defendant jointly

state that they 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

settlement. The Settlement Agreement is taken on record and the

parties shall remain bound by the terms and conditions recorded

therein.

13. The suit is decreed in terms of the settlement arrived at between

the parties. Decree sheet be drawn accordingly.

14. The suit is disposed of along with the pending application, while

leaving the parties to bear their own expenses.

15. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 08, 2015 sk/ap