Delhi High Court
Navneet Kaur Chandhok vs Rahul Sharma on 20 September, 2022
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 522/2022, CM APPL. 26467/2022
NAVNEET KAUR CHANDHOK ..... Petitioner
Through: Mr. Ashok Chhabra, Adv.
versus
RAHUL SHARMA ..... Respondent
Through: Mr. Divanshu Sehgal, Adv.
% Date of Decision: 20th September, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. The parties have reached the amicable settlement before the Delhi
High Court Mediation and Conciliation Centre vide settlement
agreement dated 19th September, 2022. The same has been placed on
record.
2. The terms and conditions of settlement arrived at between the parties
are as under;
"1. It is agreed between both the parties that they shall dissolve
their marriage by mutual consent. It is further agreed between the
parties that the First Party shall pay a total sum of Rs. 5,00,000/-
(Rupees Five Lakhs Only) to the First Party towards her Stridhan,
Gifts, alimony (past, present and future).
2. That both the parties shall file a petition under Section 13B(1)
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:23.09.2022
17:03:52
of the Hindu Marriage Act within 15 days of the recording of the
Settlement before the Ld. Mediator and Second Party shall pay a
sum of Rs. 1,50,000 (Rupees One Lakh Fifty Thousand Only) by
means of Demand Draft in favor of the First Party before the
Family Court at the time of recording the statement.It is further
agreed between the First Party shall prepare the petition under
section 13B(1) of the Hindu Marriage Act within one week of the
signing of the Settlement Agreement and have it sent to the Second
Party for the signatures as well as attestation of the affidavits. The
Second Party shall within 3 days thereafter return the petition to
the First Party signed and attested. The First Party shall then file
the same in the family Court not later than the IS'*" day of signing
of the Settlement Agreement.
3. After the passing of the order under Section 13B(1), the parties
shall file a petition under Section 13B(2) of the Hindu Marriage
Act within 60 days of the passing of the First Motion Petition
along with application of waving off the period of six months
period on account of health issue of First Party and the Second
Party shall pay the remaining amount of Rs 1,50,000/- (Rupees
One Lakh Fifty Thousand Only) at the time of recording of
statement in Second Motion before the Ld. Family Court.
4. The parties have agreed that on payment of Rs.5,00 000/-
(Rupees Five Lakhs Only), all claims relating to istridhan, gift etc.
of the First Party shall stand fully finally settled and the First
Party shall not make any other claim against the Second Party.
5. That after the passing of the order under Section 13B(1) the
First Party shall withdraw HMA No. 1147/2017, MC: 315 of
2017, MC No. 646 of 2017 filed by her before the Ld. Family
Court and Ld. Metropolitan Magistrate, Tis Hazari Court, Delhi.
6. That after the passing of the order under Section 13B(1) the
mother of Second Party shall withdraw MC366 of 2017, filed by
the mother of the Second Party against the First Party.
7. That after the dissolution of the marriage, the Second Party
shall apply to the Hon'ble High Court under Section 482 of
Cr.P.C. for quashing the above said 2 FIRs and First Party shall
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:23.09.2022
17:03:52
fully cooperate in getting the FIRs quashed. It is agreed between
the parties that on the date statement giving her consent for the
quashing of the FIRs by the First Party is recorded by the Hon'ble
Court, the second party shall pay to her a sum of Rs. 2,00,000/-
(Rupees Two Lakhs Only) as the final payment out of the Rs.
5,00,000/- (Rupees Five Lakhs Only) as agreed.
8. The Second Party shall give an undertaking in form of affidavit
in above mentioned cases in Mahila Court of Ms. Deepika
Thakran and in the Family Court as well as to the Hon'ble High
Court where proceedings under Section 482 of Cr.P.C. have been
initiated that Second Party shall not misuse or circulate any of the
photographs, videos etc of First Party captured either before the
marriage or after the marriage in any social media or at any other
place.
9. All alleged audio/video recordings/transcripts made by Second
Party shall be destroyed by them and shall not be used against
First Party, or in any other manner whatsoever.
10.The Second Party shall give an undertaking to the Mahila
Court, Family Court as well as to the Hon'ble High Court where
proceedings under Section 482 of Cr.P.C. have been initiated that
Second Party shall not misuse or circulate any of the photographs,
videos etc captured either before the marriage or after the
marriage in any social media or at any other place.
11 .The Second Party also agreed not to create any hindrance to
the First Party.
12.That, in case either party withdraws their consent and fails to
file and cooperate with the other party in the filing of the first
motion within stipulated time of 7 days after signing of Settlement
Agreement, the defaulting party would be liable to pay a penalty
of Rs 1,00,000/- (Rupees One Lakh Only) to the other party."
3. The petitioner is connected through VC and the respondent is present
in person in the Court. The parties as well as their learned counsel
undertake to abide by the terms and conditions of the settlement
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:23.09.2022
17:03:52
agreement.
4. The parties shall move an appropriate application before the learned
Trial Court and other Courts for fulfilling the terms and conditions of
the settlement.
5. Learned counsel for the petitioner submits that in view of the
settlement dated 19th September, 2022, he does not wish to press the
present petition.
6. Accordingly, the parties are held bound by the agreement 19th
September, 2022.
7. In view of the submissions made the present petition along with
pending application stands disposed of.
DINESH KUMAR SHARMA, J
SEPTEMBER 20, 2022
Pallavi
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:23.09.2022
17:03:52
