Delhi High Court
Smt. Poonam Chaturvedi vs Shri Manas Chaturvedi And Ors. on 10 May, 2023
Neutral Citation Number 2023:DHC:3386-DB
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.05.2023
MAT.APP.(F.C.) 157/2020
+ MAT.APP.(F.C.) 157/2020
SMT. POONAM CHATURVEDI ..... Appellant
versus
SHRI MANAS CHATURVEDI AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Appellant: Mr. Nitin Pratap & Mr. Gopal Sharma,
Advocates.
For the Respondent: Mr. Sandeep Sharma, Advocate with
Mr. Amit Choudhary, Advocate for
Respondent Nos. 1, 2 & 4.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL. 33998/2020 (for condonation of delay)
1. For the reasons stated in the application, the application is
allowed. The delay in filing the appeal is condoned.
2. The application stands disposed of.
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
16:08:31
Neutral Citation Number 2023:DHC:3386-DB
MAT.APP.(F.C.) 157/2020 & CM APPL. 6540/2021(for early
hearing), CM APPL. 20901/2021(for filing additional documents),
CM APPL. 33710/2021(filed on behalf of appellant no. 1 seeking
directions)
1. Appellant impugns judgment dated 14.07.2020, whereby
respondent No. 1 and respondent No. 2 were appointed as the
guardians of the minor children.
2. Pursuant to filing of the present appeal, by order dated
10.02.2021, the executing court was permitted to proceed further with
the execution for transferring the custody of the minor children to the
respondent. Subsequent thereto, the custody of the minor children
were transferred to the respondents on 03.02.2022. An agreement was
further arrived at between the parties whereby the custody of the
minor children was returned to the appellant.
3. It is an admitted position that the two minor children are now
residing with the appellant in her custody and under her guardianship.
4. Parties have settled their disputes. It is agreed that the appellant
shall continue to have custody of the children and shall be the lawful
guardian of the two minor children.
5. In view of the above, it is further directed that the appellant
shall be deemed to be the lawful guardian of the two minor children
(Utkarsh Chaturvedi and Nimisha Chaturvedi, both born on
18.06.2008). It is directed that for all practical and legal purposes the
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
16:08:31
Neutral Citation Number 2023:DHC:3386-DB
appellant shall be deemed to be the lawful guardian of the two minor
children.
6. Appellant and respondent No. 1 have further settled their
disputes with regard to their inter se matrimonial relationship.
7. Affidavit dated 05.04.2023, attested on 10.05.2023, has been
handed over in Court in original. The same is taken on record.
8. Both the appellant and respondent are present. Both parties
have agreed to dissolve their marriage by mutual consent.
9. It is agreed between the parties that respondent shall pay a total
amount of Rs. 16 lakhs in full and final settlement of all claims of
past, present and future maintenance and alimony of the appellant. It
is agreed that the amount shall be paid in two equal installments of Rs.
8 lakhs each. The first installment would be paid at the time of
recording of the statement for the first motion and second at the time
of recording of the statement for the second motion.
10. Appellant and Respondent are present in person, they undertake
that they shall abide by the terms and conditions of the settlement as
recorded in the affidavit. The undertakings are accepted.
11. Parties further pray that keeping in view the fact that they have
separated since December, 2014, they shall be praying to the
concerned Family Court for granting waiver of statutory period as
required under Section 13B(2) of the Hindu Marriage Act, 1955.
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
16:08:31
Neutral Citation Number 2023:DHC:3386-DB
12. We have perused the terms of settlement and find the same to
be lawful. The settlement is also taken on record.
13. Appeal is disposed of in the above terms. Parties are bound
down to their undertaking given to the Court.
14. On an application being filed, before the Family Court, seeking
waiver of the statutory period, the Family Court shall take into account
the fact that parties have been living separately since 2014 and have
even been litigating, though for the purposes of guardianship of the
minor children, and pass appropriate orders in accordance with law on
the application seeking waiver of the statutory period.
15. Order dasti under signatures of Court Master.
16. Copies of the affidavit be also supplied to parties under the
signature of Court Master.
[[[[
SANJEEV SACHDEVA, J
MANOJ JAIN, J
MAY 10, 2023
MR
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
16:08:31
