Veena Rawat vs Devki Devi Rawat & Anr
2016 Latest Caselaw 6948 Del

$~9.

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      RFA 534/2015
       VEENA RAWAT                                    ..... Appellant
                         Through: Ms. Kavita Rani, Advocate

                         versus


       DEVKI DEVI RAWAT & ANR                    ..... Respondents
                    Through: Respondents No.1 and 2 in person.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 16.11.2016

1. Counsel for the appellant and the respondents No.1 and 2, who appear in person and have handed over proofs of their identity, which are taken on record, jointly state that the appellant and her husband, respondent No.2 herein have been able to arrive at a negotiated settlement before the Principal Judge, Family Court Vishwas Nagar, North East District, Delhi and pursuant thereto, they have filed a joint application for dissolution of their marriage and for obtaining a decree of divorce by mutual consent.

2. A copy of the order dated 02.09.2016 passed by the Principal Judge, Family Court is handed over by the respondent No.2, who states that the appellant has undertaken to vacate the suit premises, which is the matrimonial home, at the time when both the parties move the second motion petition. He further states that the appellant has agreed to withdraw

the maintenance case filed against the respondents. The copy of the order dated 02.09.2016 is taken on record.

3. Counsel for the appellant states that the maintenance case and the domestic violence case have already been withdrawn by the appellant in terms of the settlement arrived at between her and the respondent No.2 and the appellant undertakes to abide by the terms and conditions of the settlement recorded in the order dated 02.09.2016 passed by the Principal Judge, Family Court and vacate the suit premises at the time of moving the second motion petition.

4. In view of the settlement arrived at between the parties, the present appeal is disposed of with permission granted to the appellant to continue occupying the suit premises, namely, the matrimonial home till the time when she and the respondent No.2 jointly file the second motion petition before the Family Court, which it is stated in unison, shall be done in the second week of March, 2017. After the dissolution of the marriage of the appellant and the respondent No.2 through mutual consent, the respondent No.1 shall be entitled to file a copy of the said order in these proceedings for seeking release of the original title deeds of the suit premises.

5. The appeal and the pending applications are disposed of.

HIMA KOHLI, J NOVEMBER 16, 2016 rkb/mk/ap