Delhi High Court
Viniti Aggarwal vs Sandeep Aggarwal on 8 December, 2022
NEUTRAL CITATION NO: 2022/DHC/005432
$~10
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 08.12.2022
+ MAT.APP.(F.C.) 57/2022& CM APPL.51376/2022,
53177/2022 & 53178/2022
VINITI AGGARWAL ..... Appellant
versus
SANDEEP AGGARWAL ..... Respondent
Advocates who appeared in this case:
For the Appellant: Mr. Aman Sareen, Mr. Sanjeev Mahajan and Mr. Harmeet
Singh, Advocates.
Appellant in person.
For the Respondent: Mr. Ashutosh Kumar, Advocate with respondent in person.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The Appellant impugns the Judgment dated 08.02.2022
whereby the petition filed by the Respondent-husband under Section
13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 has been
allowed and a decree of divorce granted.
2. By order dated 02.06.2022, while issuing notice, this Court had
directed that Respondent shall maintain status quo in relation to his
marital status.
Signature Not Verified
Digitally Signed By:KAMAL
Signing Date:09.12.2022
17:44
NEUTRAL CITATION NO: 2022/DHC/005432
3. Parties thereafter attempted to resolve their disputes and
differences with the intervention of friends and families. Parties have
settled all their civil and criminal disputes and entered into a
Settlement Agreement dated 12.10.2022, and a Supplementary
Agreement dated 29.10.2022. In terms of the settlement, parties have
unconditionally undertaken to withdraw all allegations and counter-
allegations, both of civil and criminal nature, against each other.
4. Since the decree of divorce has been granted on the allegations
of cruelty and desertion which is disputed by the appellant, parties
have also decided to resolve their differences and mutually agreed to
obtain divorce without raising any aspersion or allegation against each
other.
5. Respondent-husband, who is present in Court, undertakes that
he unconditionally withdraws all allegations against the wife.
6. Appellant-wife, who is also present in Court, also undertakes
that she unconditionally withdraws all allegations against the husband
and his family members.
7. Parties have filed an application under Order XXIII Rule 3
CPC. Parties are present in person. They undertake that they have
executed the Settlement Agreements dated 12.10.2022 and 29.10.2022
out of their own free will and with a view to put a quietus to their inter
se disputes.
Signature Not Verified
Digitally Signed By:KAMAL
Signing Date:09.12.2022
17:44
NEUTRAL CITATION NO: 2022/DHC/005432
8. We have perused the terms of settlement and find the same to
be lawful.
9. Parties have also filed a joint application under Order VI Rule
17 CPC seeking amendment of the petition for divorce into a petition
under Section 13 (B) for grant of divorce by mutual consent.
10. Parties have also sought waiver of the statutory period of six
months required under Section 13(B)(2) of HMA Act in view of the
fact that they have been living separately since 09.09.2011 and have
been litigating in Court since 2014.
11. Keeping in view the peculiar facts and circumstances of the
case, hardship faced by the parties and with a view to put quietus to
the protracted and ruinous litigation, we allow the application and take
on record the Memorandum of Understanding/Settlement dated
12.10.2022 and 29.10.2022.
12. In view of the settlement, the decree of divorce dated
08.02.2022 is, accordingly, set aside.
13. The parties, who are present in person, undertake that they shall
abide by the terms of settlement, and shall appear before the
concerned Family Court in support of their request for grant of divorce
by mutual consent.
14. The application under Order VI Rule 17 CPC is, accordingly,
allowed. Parties are permitted to file a joint petition under Section
Signature Not Verified
Digitally Signed By:KAMAL
Signing Date:09.12.2022
17:44
NEUTRAL CITATION NO: 2022/DHC/005432
13(B)(1) of HMA Act for grant of divorce by mutual consent before
the concerned Family Court.
15. Keeping in view the facts and circumstances of the case, we
also direct the concerned Family Court to waive of the statutory period
of six months after grant of first motion.
16. The parties also undertake to move a petition under Section
13(B)(2) of HMA Act before the Family Court promptly.
17. Parties shall appear before the concerned Family Court on 14th
December, 2022. The date has been fixed with the concurrence and
consent of the parties.
18. Parties also inform that the Agreements referred to hereinabove
have been partly performed at their end and the amount of Rs.4.25
crores which was to be paid by the Respondent has already been paid
and received by the Appellant. The domestic violence complaint has
already been withdrawn by the Appellant pursuant to the Settlement.
19. The Appellant further undertakes that she shall support the
quashing of the FIR bearing no.57/2022 that has been registered at her
instance under Sections 406/409/468/471/120B IPC at Police Station
Barakhamba Road.
20. It is informed by learned counsel for Respondent that a petition
has been filed whereby quashing of FIR has been sought and is listed
on 15.12.2022.
Signature Not Verified
Digitally Signed By:KAMAL
Signing Date:09.12.2022
17:44
NEUTRAL CITATION NO: 2022/DHC/005432
21. In view of the fact that litigation has been gone over a long time
and settlement has now been arrived at and has also been partly
performed by the parties, the Family Court is requested to expedite the
proceedings and endeavor to conclude the same on the date fixed i.e.,
14.12.2022.
22. For the purposes of record, it is noticed that Respondent has
changed the spelling of his name from 'SANDEEP AGGARWAL' to
'SANDEIP AGARRWAL. The Trial Court shall take the same into
account at the time of passing of the final decree.
23. The appeal is, accordingly, disposed of in terms of the
Settlement Agreements dated 12.10.2022 and 29.10.2022.
24. Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
RAJNISH BHATNAGAR, J
DECEMBER 8, 2022/ib
Signature Not Verified
Digitally Signed By:KAMAL
Signing Date:09.12.2022
17:44
