Delhi High Court
A J vs S P on 7 December, 2017
# 19
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 07.12.2017
MAT.APP.(F.C.) 70/2017 15722/2017 (Stay) 15723/2017 (Additional
Documents)
AJ ..... Appellant
versus
SP ..... Respondents
Advocates who appeared in this case:
For the Appellant : Ms. Nidhi Mohan, Advocate
For the Respondents : Ms. Seema Mishra, Advocate with Mr. Ashutosh Sitaraman, Advocate
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MS. JUSTICE DEEPA SHARMA
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
1. In pursuance to the directions issued by this Court by way of its order
dated 23.11.2017, learned counsel appearing on behalf of the parties inform
us that they have entered into terms of settlement today i.e. 07.12.2017. The
terms of the settlement have been handed over in Court today which are as
follows:-
"SETTLEMENT TERMS
1. It has been agreed that the Appellant shall pay an amount of Rs.
40,00,000/- (Rupees Forty Lakhs) to the Respondent towards full and
final settlement of all claims. The Respondent will not make any
claim against the Appellant including alimony/maintenance - past,
present and future, Stridhan, jewelry articles and towards
maintenance, upbringing, welfare, education and medical expenses
of Baby A. Respondent is entering into the present settlement as the
guardian of Baby A. Respondent hereby certifies that the present
settlement is in the best interests of baby A.
2. It has been agreed that the aforementioned amount shall be paid by
Appellant in the following manner -
(a) Rs.10,00,000/- (Rupees Ten Lakh) at the time of recording of the
statement of the first motion by way of demand draft in the name
of Baby A by or before 15.01.2018;
(b) Rs.10,00,000/- (Rupees Ten Lakh) at the time of registration of
the relinquishment deed by way of demand draft in the name of
Respondent by or before 01.04.2018;
(c) Rs. 20,00,000/- (Rupees Twenty Lakhs) at the time of recording
of statement of the Second Motion by way of demand draft in the
name of Baby A by or before 15.07.2018.
3. That Parties own a property bearing Flat No. 203, Vascon Venus
Apartment, Survey No. 9, Beratena Agrahara, Hosur Road,
Bengaluru, 560100. The sale deed for the said property is in joint
name but Parties agree and acknowledge that the Appellant has paid
the sale consideration for the said Property. Accordingly, the
Respondent will prior to recording of the statement of the second
motion, as per paragraph 2 above, sign and get registered a
relinquishment deed in favour of the Appellant for all that this part
and parcel of Flat No. 203, Vascon Venus Apartment, Survey No. 9,
Beratena Agrahara, Hosur Road, Bengaluru, 560100 including all the
movable property therein. For this purpose, the Respondent will
travel to Bengaluru. Save and except her travel expenses, the
Respondent will not bear any expense for the registration of the
relinquishment deed and all the expenses towards the relinquishment
for the same shall be solely borne by the Appellant.
4. That the parties have agreed that they shall not claim or be entitled to
claim, any past, present or future maintenance, alimony from the
other Party or his or her family members or any future expenses of
Baby A. Respondent and Baby A shall not claim any amount save
and except the amount stated hereinabove.
5. That the Parties have agreed to withdraw all cases/criminal
proceedings/criminal complaints, if any, filed against each other.
6. That the Parties have agreed that Baby A shall remain under
permanent custody of Respondent. Both the Parties have agreed that
the Appellant can visit Baby A once in a month, with prior notice to
the Respondent, at a public place in the presence of the Respondent,
initially for the period of 2 hour. Parties have agreed that the said
period can be increased with mutual consent of both the Parties.The
Parties have also agreed that the Respondent will endeavor to create
a congenial environment so that Baby A may be comfortable staying
overnight with the Appellant once A is able to independently take
care of himself.
7. The Respondent agrees to keep the Appellant updated regarding the
medical condition of Baby A. Respondent will share the login of the
website, if any, to the school of Baby A and any intimation received
from the school shall also be shared with the Appellant.
8. Both the Parties have agreed not to put anything against each other
on the internet including but not limited to any social networking
websites such as Facebook, directly or indirectly, through the people
known/ related to them. Both the Parties have also agreed not to
convey anything by spoken/ written words against each other as well
as their respective families.
9. Both the Partieshave agreed that they will not make use of any
material pertaining to the parties contained, including but not limited
to photographs, audio / video clips, text messages and emails, against
each other.
10. Both the Parties have agreed that they have no claims or demands
against each other or their families and that they have resolved all
their disputes amicably.
11. Both the Parties have agreed not to initiate any proceedings, civil or
criminal, against each other and / or their respective family members
based on their present matrimonial discord. Both the Parties agree to
remain bound in spirit and words with the terms and conditions as
mentioned in this settlement.
12. The Appellant had paid an amount of Rs9,76,000/- (Rupees Nine
Lakhs, Seventy-Six Thousand) towards interim maintenance to
Respondent. The Respondent acknowledges the receipt of the said
amounts. All amounts in paragraph 2 are in addition to these amounts
already paid by Appellant to Respondent."
2. The terms of settlement have been signed on behalf of the respondent
Ms. S P, who is present in person, and by Ms. Nidhi Mohan, learned counsel
appearing on behalf of the appellant, on instructions received by her from the
appellant vide an email of the even date, which is also annexed to the terms
of settlement.
3. The said terms of settlement entered into between the parties are
lawful and the same are taken on record and exhibited as Ex.C1.
4. In view of the settlement arrived at between the parties as aforesaid,
learned counsel appearing on behalf of the parties state that the appeal may
be disposed of in terms thereof.
5. Consequently, the accompanying appeal is disposed of in the aforesaid
terms of the said settlement whilst directing the parties to comply with their
reciprocal obligations, without demur. Pending applications also stand
disposed of.
SIDDHARTH MRIDUL
(JUDGE)
DEEPA SHARMA, J
(JUDGE)
DECEMBER 07, 2017
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