Delhi High Court
Shreyas Tiwari vs Saumya Trivedi on 19 April, 2023
2023:DHC:2684-DB
$-5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on : 19.04.2023
+ MAT.APP.(F.C.) 32/2021 & CM APPL. 8254-55/2021
SHREYAS TIWARI ..... Appellant
versus
SAUMYA TRIVEDI ..... Respondent
Advocates who appeared in this case:
For the Appellant: Mr Mukesh Gupta, Advocate along with appellant
in person
For the Respondent: Mr Mukul Mehra and Mr Gaurav Deshraj,
Advocates along with respondent in person
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE VIKAS MAHAJAN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Appellant-husband impugns order dated 28.01.2020 whereby
the application filed by the respondent (petitioner before the family
Signature Not Verified
Digitally Signed
By:RASHIM KAPOOR
Signing Date:21.04.2023
14:21:48
2023:DHC:2684-DB
court) under Section 24 of the Hindu Marriage Act, 1955 has been
allowed and ad-interim maintenance fixed.
2. Parties have mutually settled their disputes and a Memorandum
of Understanding dated 19.04.2023 has been executed.
3. Parties are present in person. They confirm the settlement
agreement and undertake to abide by the terms and conditions of the
settlement agreement.
4. As per the settlement agreement, the appellant-husband shall
pay a sum of ₹ 12 lakhs to the respondent-wife in full and final
settlement of all her claims towards the past, present, future and
permanent alimony including Stridhan, etc. There is no child from
the wedlock. Parties have also agreed to dissolve their marriage by
mutual consent.
5. The settlement amount of ₹ 12 lakhs is to be paid in three
instalments. The first instalment of ₹ 5 lakhs shall be paid at the time
of recording of statement under Section 13-B(1) of the Hindu
Marriage Act, 1955 (First Motion) and another sum of ₹ 5 lakhs shall
be paid at the time of recording of statement under Section 13-B(2) of
the Hindu Marriage Act, 1955 (Second Motion). The balance sum of
₹ 2 lakhs is to be paid at the time of quashing of the FIR under Section
482 Cr. P.C. filed by the respondent against the appellant.
Signature Not Verified
Digitally Signed
By:RASHIM KAPOOR
Signing Date:21.04.2023
14:21:48
2023:DHC:2684-DB
6. It is also agreed that the mother of the respondent who has filed
a case under Section 12 of the Protection of Women from Domestic
Violence Act, 2005 shall also be withdrawn. The mother of the
respondent is present in person and is also a signatory to the MoU.
She confirms that in view of the settlement she shall withdraw her
case.
7. Parties have also filed a joint application for taking on record
the settlement agreement.
8. The application is handed over in Court. The same be registered
and numbered by the Registry. The application along with MoU
which is being filed in original is taken on record.
9. Appellant who is present in person undertakes that he shall pay
the amounts as agreed as per the schedule. The respondent and her
mother who are present in Court undertake that they shall fully
cooperate with the quashing of the subject FIR against the appellant as
well as the parents of the appellant. The undertakings are accepted.
10. In view of the above, the appeal is disposed of in terms of the
settlement and parties shall file appropriate proceedings for
dissolution of marriage by mutual consent. It is also directed that in
case an application is filed for waiver of statutory period as prescribed
under Section 13-B (2) of the Hindu Marriage Act, 1955, the family
court shall take into account the fact that the parties have been
Signature Not Verified
Digitally Signed
By:RASHIM KAPOOR
Signing Date:21.04.2023
14:21:48
2023:DHC:2684-DB
separated since May, 2018 and the subject petition was filed in June,
2018 and favourably consider granting of waiver.
SANJEEV SACHDEVA, J
VIKAS MAHAJAN, J
APRIL 19, 2023
'rs'
Signature Not Verified
Digitally Signed
By:RASHIM KAPOOR
Signing Date:21.04.2023
14:21:48
