Delhi High Court
Pratibha Vats vs Vivek Kaushik on 16 May, 2023
Neutral Citation Number 2023:DHC:3501-DB
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16th May, 2023
MAT.APP.(F.C.) 84/2020
+ MAT.APP.(F.C.) 84/2020 & CM APPL. 39451/2021,
CM APPL. 2858/2022, CM APPL. 30849/2022
PRATIBHA VATS ..... Appellant
Through:
versus
VIVEK KAUSHIK ..... Respondent
Through:
Advocates who appeared in this case:
For the Appellant: Mr. Rajat Aneja with Ms. Aditi Shastri, Advocate with
appellant in person.
For the Respondent: Mr. Samarjeet Deo, Advocate with respondent in person.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Appellant impugns judgment dated 27.01.2020, whereby, the
petition filed by the respondent seeking divorce under Section
13(1)(ia) of the Hindu Marriage Act (hereinafter referred to as the
'Act') had been allowed and a Decree of Divorce was passed.
2. With the intervention of the Court and the respective counsel,
Signature Not Verified
Digitally Signed
Signing Date:20.05.2023
11:21:58
Neutral Citation Number 2023:DHC:3501-DB
the parties have settled their disputes and the Settlement Agreement
dated 16.05.2023 has been executed. Copy of the agreement duly
certified by the parties and their counsel has been produced. The same
is taken on record.
3. Parties are present in person along with their respective counsel.
Parties assure that they have settled the disputes amicably and
undertake that they shall perform the respective obligations stipulated
in the Settlement Agreement. In view of the settlement, appellant/wife
undertakes that she shall cooperate with the quashing of the subject
FIR.
4. The undertakings are accepted. We have also perused the terms
of the settlement and find the same to be lawful.
5. Parties pray that in view of the settlement, the Decree of
Divorce dated 27.01.2020 be set aside and the parties be permitted to
dissolve their marriage by mutual consent.
6. In view of above, the impugned order dated 27.01.2020 is set
aside and the petition is restored to its original number on the record
of the Family Court.
7. In view of the above, the oral prayer of the parties is accepted
and the petition filed by the respondent under Section 13(1) of the Act
is allowed to be amended and is converted into a petition under
Section 13B(1) for grant of divorce on mutual consent (First Motion)
on the records of the Family Court.
Signature Not Verified
Digitally Signed
Signing Date:20.05.2023
11:21:58
Neutral Citation Number 2023:DHC:3501-DB
8. The amended petition duly signed and supported by respective
affidavits of the parties is directed to be filed before the Family Court
on 31.05.2023. Parties shall be personally present before the Family
Court for recording of their respective statements under Section
13B(1) of the Act on the said date.
9. Parties further pray that in view of the fact that they are living
separately since May, 2016 and been in litigation, the statutory period
under Section 13B(2) be waived.
10. On an application being filed, seeking waiver of the statutory
period of six months, the Family Court shall take into account the fact
that the parties have been living separately since 2016 and have been
in litigation and resumption of cohabitation has not been possible and
grant waiver of the statutory period under Section 13B(2) of the Act in
accordance with law.
11. It is noticed that on a direction of this Court, the employer of
the respondent was directed to make deductions and deposit certain
amount with the Registrar General of this Court. Part of that amount
already stands released to the appellant. Remaining amount that is
lying deposited with the Registrar General of this Court along with
interest accrued thereon, if any, is directed to be released to the
Respondent. The Registry shall encash the fixed deposit and release
the amount forthwith to the Respondent. Respondent shall thereafter
take out the insurance policy in terms of Para 1.6 of the Settlement
Agreement before 31.05.2023, the date fixed for recording of the
Signature Not Verified
Digitally Signed
Signing Date:20.05.2023
11:21:58
Neutral Citation Number 2023:DHC:3501-DB
statement on the First Motion before the Family Court.
12. Appeal is disposed of in the above terms.
13. Copy of the order as well as the Settlement Agreement dated
16.05.2023 be provided dasti to the parties under the signatures of the
Court Master.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
MAY 16, 2023
st
Signature Not Verified
Digitally Signed
Signing Date:20.05.2023
11:21:58
