Harpreet Kaur vs Jasjeet Singh
2024 Latest Caselaw 1058 Del

Delhi High Court

Harpreet Kaur vs Jasjeet Singh on 7 February, 2024

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Amit Bansal

                           $~42 & 43
                           *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                           %                                                    Date of Decision: 07.02.2024
                           +      CONT.CAS(C) 920/2023
                                  HARPREET KAUR                                             ..... Petitioner
                                                         Through:          Mr Ajai Kumar with Mr Adarsh
                                                                           Kumar Pandey, Advs.
                                                                  versus
                                  JASJEET SINGH                                             ..... Respondent
                                                         Through:          Mr Siddharth Chaudhary with Mr
                                                                           Akshat Gupta, Advs.
                           +      MAT.APP.(F.C.) 48/2024
                                  HARPREET KAUR                                             ..... Appellant
                                                         Through:          Mr Ajai Kumar with Mr Adarsh
                                                                           Kumar Pandey, Advs.
                                                         versus
                                  JASJEET SINGH                                             ..... Respondent
                                                         Through:          Mr Siddharth Chaudhary with Mr
                                                                           Akshat Gupta, Advs.
                                  CORAM:
                                  HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                  HON'BLE MR. JUSTICE AMIT BANSAL
                                                 [Physical Hearing/Hybrid Hearing (as per request)]
                           RAJIV SHAKDHER, J. (ORAL):

1. Counsel for the parties confirm that the disputants have arrived at a settlement under the aegis of Delhi High Court Mediation and Conciliation Centre [in short, "Centre"].

1.1 In this behalf, our attention has been drawn to the Settlement Agreement dated 26.09.2022 [in short, "SA"], which is annexed at pdf page 18 of the case file in CONT. CAS(C) 920/2023.

2. Although, concededly, the respondent-husband/Jasjeet Singh has

delayed in paying lumpsum accrued amount of Rs. 7,25,000/-, it is not in dispute that the entire amount has been paid to the petitioner-wife/Harpreet Kaur.

3. One of terms of the SA is that although the petitioner-wife/Harpreet Kaur is agreeable to the divorce decree passed by the Family Court, allegations of cruelty in petition bearing HMA No. 544/2006 made by the respondent-husband/Jasjeet Singh shall stand withdrawn for all purposes.

4. Given this position, the contempt case and the appeal are disposed of with the following directions:

(i) The contempt is [i.e., CONT.CAS(C) 920/2023] is closed.

(ii) The respondent-husband/Jasjeet Singh will pay Rs. 20,000/- to the appellant-wife/Harpreet Kaur towards costs.

(iii) The judgment and decree of the trial court dated 15.05.2019 granting divorce is sustained. However, the finding returned by the family court on cruelty shall stand expunged.

(iv) The SA, in our view, is lawful, and is, accordingly, accepted.

5. At this stage, we note that the costs imposed i.e. Rs.20,000/- by this court has been paid in cash by the respondent-husband/Jasjeet Singh to the counsel for the appellant-wife/Harpreet Kaur in the court.

6. Parties will act based on the digitally signed copy of the order.

RAJIV SHAKDHER, J

AMIT BANSAL, J FEBRUARY 7, 2024/pmc