Delhi High Court
Khushi Ram Sharma vs Sharda Sharma on 17 May, 2023
Neutral Citation Number : 2023:DHC:3481-DB
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 17.05.2023
+ MAT.APP.(F.C.) 53/2019 & CM APPL. 8409-10/2019
KHUSHI RAM SHARMA ..... Appellant
versus
SHARDA SHARMA ..... Respondent
Advocates who appeared in this case:
For the Appellant: Mr. Chandra Shekhar Yadav, Advocate with
appellant in person.
For the Respondent: Mr. Nitesh Kumar Singh, Advocate with respondent
and her daughter in person.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Both the parties are present in Court in person. Appellant is the
father-in-law of the respondent who is wife of his deceased son.
2. We have interacted with the parties as also the daughter of the
respondent Ms. Kanika Sharma.
3. With the intervention of the Court and the good efforts of Ms.
Kanika Sharma, the parties have been able to settle their disputes on
Signature Not Verified
Digitally Signed
Signing Date:19.05.2023
15:39:11
Neutral Citation Number : 2023:DHC:3481-DB
the following terms and conditions:
i. Appellant undertakes that he shall hand over the
possession of Shop No. 1, ground floor, (i.e. next to the
staircase) of property bearing No. A-64, Mandir Mohalla,
Samay Pur, Delhi-110042 for the purposes of running the
shop and earning her livelihood.
ii. Appellant undertakes that he shall have the Shop No. 1
vacated and hand it over to the respondent within a period
of one month from today.
iii. Shop No. 2 is presently under tenancy and the remaining
period of tenancy of the shop is about 9 months, and
appellant undertakes that on the expiry of the tenancy
period of Shop No. 2, in case the respondent wants to
change the shop, he shall exchange Shop No. 2 with Shop
No. 1.
iv. Appellant also undertakes that he shall not seek eviction
of the shop from respondent and the respondent shall
continue to occupy the same for her further maintenance.
v. Respondent undertakes that when the possession of Shop
No. 2 is handed over to her, she shall surrender Shop No.
1 while taking possession of Shop No. 2.
vi. Respondent undertakes that on receipt of possession of
either of the shops, she shall not make any claim for
Signature Not Verified
Digitally Signed
Signing Date:19.05.2023
15:39:11
Neutral Citation Number : 2023:DHC:3481-DB
maintenance against the appellant.
vii. It is agreed that the respondent shall continue to reside on
the first floor in the rooms in which they are presently
residing.
viii. Parties also assure that they shall reside amicably as a
family and shall ensure that there is no breach of peace or
any untoward incident in the house.
ix. Appellant assures that he shall pay the school fee of the
son of the respondent as and when the same is payable to
the school. In the first instance, he assures that he shall
pay the initial quarterly school fee of Rs. 7000/-.
x. Respondent undertakes that she shall withdraw,
compound and cooperate for quashing of all
cases/complaints/petitions filed against the appellant and
the other family members.
xi. Appellant assures that whatever gold and jewellery items
of the respondent are lying with the appellant or his wife,
they shall be handed over to the respondent.
xii. Respondent undertakes that view of the settlement in the
above terms, she shall not seek execution of the
impugned order or make any claim towards the arrears of
maintenance.
4. The undertakings are accepted.
Signature Not Verified
Digitally Signed
Signing Date:19.05.2023
15:39:11
Neutral Citation Number : 2023:DHC:3481-DB
5. The appeal is accordingly disposed of in the above terms. The
impugned order dated 10.08.2018 is consequently merged in the above
order.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
MAY 17, 2023
'rs'
Signature Not Verified
Digitally Signed
Signing Date:19.05.2023
15:39:11
