Delhi High Court
Devansh (Through His Mother Being A ... vs Hitesh Bhardwaj on 29 May, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 29th May, 2024
+ CS(OS) 771/2023 & I.As.30806/2024, 30834/2024, 30835/2024
DEVANSH (THROUGH HIS MOTHER BEING A MINOR)
AND ANR. ..... Plaintiffs
Through: Mr. Dharamveer Singh, Adv. with
Plaintiff No.3 in person.
versus
HITESH BHARDWAJ ..... Defendant
Through: Mr. Sahil Garg, Adv. for Defendant.
Mr. Maninder Singh, Sr. Adv. with
Mr. Rajat Agnihotri, Mr. Kunal
Mittal, and Ms. Simran Chawdhary,
Advs. for Applicant in MA
35359/2023 and IA No. 30834/2024
with Applicant Mr. Nitesh Bhardwaj
in person. (M: 9873624672)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUDGMENT
PRATHIBA M. SINGH, J.
1. This hearing has been done through hybrid mode. The matter has
been taken up on urgent mentioning and listed in typed supplementary list,
as Justice Dinesh Kumar Sharma was not holding court.
I.A.30806/2024 (for recording settlement)
2. This is a suit filed by Plaintiff no.1 and 2 - two children against their
father. The mother is now Plaintiff No.3. The parties were referred to
mediation vide order dated 30th January, 2024 passed by this Court. The
parties have today reported that the disputes have been resolved. The
Settlement Agreement dated 17th May, 2024 has been placed before the
Court, which has been entered into between the Plaintiffs i.e. Master
Devansh Bhardwaj (Plaintiff No.1) and Mridul Bhardwaj (Plaintiff No.2)-
the two sons, and their mother Ms. Samita Bhardwaj and father Mr. Hitesh
Bhardwaj, the Defendant.
3. Insofar as minor Master Devansh Bhardwaj is concerned, the mother
is the natural guardian and she had sought leave for entering into an
agreement on his behalf which has already been allowed under Order XXXII
Rule 7 CPC vide order dated 22nd, April, 2024 passed by the Joint
Registrar.
4. There are several disputes, which are pending between the parties,
which have all been listed in the agreement. In terms of the agreement, the
husband and wife have agreed to seek a decree of divorce with mutual
consent and have also agreed to present the first and second motion within
seven days from the recording of the compromise.
5. The Defendant- Husband of Ms. Samita Bhardwaj has agreed to pay a
sum of Rs.24,50,00,000/- to the wife and children in various tranches as
recorded in paragraph 2 of the Settlement Agreement dated 17th May, 2024.
Various documents, that have to be signed, have also been set out in
paragraph 4 along with the schedule thereof. The parties have also agreed to
the manner in which the properties are going to be vested and transferred.
The settlement terms are contained in paragraphs 1 to 29 of the Settlement
Agreement. The said terms are set out below:
"1. That the First Party and the Fourth Party hereby
agree to seek a decree of divorce through Mutual
Consent and shall present the First and the Second
Motions in furtherance thereof, before the Court of the
competent jurisdiction within a period of 7 days from
the date of recording of this settlement agreement by
the Hon'ble court in CS (OS) No.771/2023.
2. That the Fourth Party has agreed to pay a total sum
of Rs. 24,50,00,000/- (Rupees Twenty-Four Crores
Fifty Lakhs Only), out of which a sum of Rs.
2,50,00,000/- (Rupees Two Crores Fifty Lakhs Only)
has been paid by the Fourth Party to the First Party
vide DD No. 500002 dated 06.11.2023 drawn on ICICI
Bank, Sector - 3, Branch, New Delhi, receipt whereof
is duly acknowledged and admitted by the First Party.
3. That, a sum of Rs. 22,00,00,000/- (Rupees Twenty-
Two Crores Only) shall be paid by the Fourth Party in
favour of the First to Third Party, as the case, in the
following manner:-
Payment Schedule
S. No. Payment Beneficiary Date and Time
Amount of Transfer
1 Agreement and 12.04.2024 objections and
placed in the drawn on letters
custody of the ICICI Bank, for withdrawal
Registrar Dwarka of
General of the Branch, Delhi their
Hon'ble High for a respective
Court. sum of Rs. objections
1,50,00,000/- from
in the ADM,
name of Kapashera, in
Second Party. terms of
3. Demand Clause 6
Draft No. below.
500018 dated The No-
12.04.2024 Objection
drawn on Certificate and
ICICI Bank, objections
Dwarka withdrawal
Branch, Delhi letters
for a shall be
sum of Rs. simultaneously
1,50,00,000/- be
in the handed over
name of Third by the
Party. First party to
4. Demand the
Draft No. Fourth Party
500023 dated at the
25.04.2024 time of
drawn on handing over
ICICI Bank, the said DDs.
Dwarka
Branch, Delhi
for a
sum of Rs.
2,50,00,000/-
in the
name of
Second Party.
5. Demand
Draft No.
500022 dated
25.04.2024
drawn on
ICICI Bank,
Dwarka
Branch, Delhi
for a
sum of Rs.
2,50,00,000/-
in the name of
Third Party.
2. Rs.6,00,00,000/- 1 Crores in the At the time of
(Rupees Six name of First grant of First
Crores Only) Party. Motion by the
through 2.5 Crores in Ld. Family
Demand Draft the name of Court upon
(DD)_ Second Party recording of
2.5 Crores in statements of
the name of the respective
Third Party Parties in
support thereof
in a Petition
seeking
dissolution of
marriage by
way of mutual
consent under
Section 13 B of
the Hindu
Marriage Act,
1955.
3 Rs.6,00,00,000/- 2 Crores in the At the time of
(Rupees Six name of First grant of
Crores Only) Party. Second
through 2 Crores in the Motion/Decree
Demand Draft name of of Divorce by
(DD) Second Party the Ld. Family
2 Crores in the Court upon
name of Third recording of
Party statements of
the respective
Parties in
support thereof
in a Petition
seeking
dissolution of
marriage by
way of mutual
consent under
Section 13 B of
the Hindu
Marriage Act,
1955.
4. That the First Party and the Fourth Party agrees to
sign the following:
S. No. Particulars To be Filled Before
1. Petition (First Ld. Family Court,
Motion) seeking Dwarka District
dissolution of Courts, Delhi (to be
marriage by mutual signed at the time of
consent under signing of the
Section 13 B of the present Agreement).
Hindu Marriage Aet,
1955.
2. Application seeking Ld. Family Court,
waiver of the cooling Dwarka District
period of six months Courts, Delhi, (to be
in filing the second signed only after
motion of divorce. transfer of Elan
property)
3. Petition (Second Ld. Family Court,
Motion) seeking Dwarka District
dissolution of Courts, Delhi (to be
marriage by mutual signed only after
consent under transfer of
Section 13 B of the Navsansad Vihar
Hindu Marriage Act, property).
1955.
5. Immediately after signing of this settlement
agreement, the Second and Third Party shall file two
Applications, one under Order I Rule 10 of the Code of
Civil Procedure 1908 seeking impleadment of the First
Party in the CS (08)771/2023 and the other under
Order XXXII Rule 3 CPC in CS (OS) 771/2023 seeking
permission of the Hon'ble Court to appoint the First
Party as guardian-ad-litium of the Third party and to
sign, execute and perform the present Agreement on
behalf of the said Third Party, who is a minor.
6. That it is accepted and undertaken by the First,
Second and the Third Parties that grant of No-
Objection Certificate (NOC) from ADM Kapashera is
important for the performance of the obligations by the
Fourth party under the present Agreement. As such, the
First, Second and Third Parties shall immediately and
forthwith sign their respective no-objection and letters
for withdrawal of their respective objections for grant
of NOC in favour of the Fourth Party with respect to
transfer/sale/etc. of the entire land in Kapashera
belonging to the Fourth Party. The signed NOC's and
withdrawal letters shall be handed over to the Fourth
Party at the time of passing an order in terms of this
Settlement Agreement by the Hon'ble High Court in CS
(OS) No.771/2023 and simultaneously upon the release
of Demand Drafts of Rs.10,00,00,000/- (Rupees Ten
Crores) to the Second Party. It is clarified and agreed
between the partied hereto that pursuant to the receipt
of the Demand Drafts of Rs.10,00,00,000/- (Rupees
Ten Crores), the said objections shall be deemed to be
withdrawn on the strength of the present Agreement to
which neither of the Party shall have any objection
whatsoever.
7. It is categorically undertaken and acknowledged by
the Parties hereto that the present Agreement does not
adversely affect the interest of the Third Party (Minor)
and as such, any Decree, pursuant to the present
Agreement shall not be called into question by either of
the Parties on the ground of infraction of provisions
under Order XXXII of the Code of Civil Procedure,
1908.
8. That upon the execution of the present Agreement
and passing of the Order in terms hereof by the
Hon'ble Delhi High Court, the First Party and Fourth
Party shall immediately but not later than seven (7)
days hereof, file the Petition (First Motion) seeking
dissolution of marriage by mutual consent under
Section 13 B of the Hindu Marriage Act, 1955 before
the Ld. Family Court, Dwarka District Courts, Delhi
on the terms and conditions contained in this
settlement agreement.
9. The First Party and the Fourth Party shall get their
respective statements recorded before the Court of
competent jurisdiction and seek orders in terms hereof
under the first motion of divorce.
Apartment/property bearing no.311, Plot No.4,
Navsansad Vihar Apartments, Sector- 22, Dwarka
10. Within 7 days after the grant of first motion of
divorce under Section 13B of the Hindu Marriage Act,
1955, the First and Fourth Party shall present the
Deed of Transfer, NoC etc. qua apartment/property
bearing no.311. Plot No.4, Navsansad Vihar
Apartments, Sector-22, Dwarka in favour of First
Party and present the same for registration before the
concerned, competent Sub- Registrar, Delhi thereby
transferring all rights, title and interest thereupon in
her favour. All charges and expenses for registration of
the said documents, including Stamp Duty, government
fees or any other charges by any name whatsoever,
shall be borne by Fourth Party alone.
11. At the time of registration of flat/apartment, the
Fourth Party shall handover to the First Party, the
originals of the said registered Deed of Transfer, NoC,
chain of title and ownership documents of the said
flat/apartment, any other (document executed as
aforesaid, and also, such filled and sighed documents.
as necessary for obtaining any other approval(s) of
concerned CGHS/RWA/Society/DISCOM/DJB etc.
12. In case the signatures of Fourth Party are
necessary on any other application/form/request for
giving complete effect to the said transfer, the Fourth
Party shall provide the same to the First Party on her
request and cooperate with her in completing the said
transfer in all aspects to enable the First Party to be
the lawful owner thereof and to use the said
flat/apartment in any manner that she deems fit.
Commercial Shops in Elan EPIC, Gurgaon.
13. Within 7 days after the grant of first motion of
divorce under Section 13B of the Hindu Marriage Act,
1955, the Second/Third Party and Fourth Party shall
present the Deed of Transfer, NoC etc. qua Unit Nos.
FF-06 and FF-40, 1st Floor, Sector 70, Gurugram,
Haryana in Elan EPIC in favour of the Second/Third
Party and present the same for registration before the
concerned, competent Sub-Registrar, Gurgaon,
Haryana, thereby transferring all rights, title and
interest thereupon in her favour. All charges and
expenses for registration of the said documents,
including Stamp Duty, government fees or any other
charges by any name whatsoever, shall be borne by the
Fourth Party alone.
14. At the time of registration of deed in respect of unit
no. FF-06 and FF-40 the Fourth Party shall handover
to the Second/Third Party, the originals of the said
registered Deed of Transfer, NoC, chain of title and
ownership documents of the said property, any other
document executed as aforesaid, and also, such filled
and signed documents, as may be necessary for
obtaining any other approval(s) of concerned
CGHS/RWA/ Society/DISCOM/DJB etc.
15. In case the signatures of Fourth Party are
necessary on any other application/form/request for
giving complete effect to the said transfer, the Fourth
Party shall provide the same to the Second/Third Party
on their request and cooperate with them in completing
the said transfer in all aspects to enable the
Second/Third Party to use the said property.
16. Within 7 days from the due execution of the
aforesaid documents of transfer of the Dwarka
apartment and the Gurgaon apartment, the First and
the Fourth Party shall jointly file an application
seeking waiver of the period of six months'
waiting/cooling off, stipulated under Section 13B(2) of
the Act before the Family court in which the First Joint
motion Petition for divorce is filed.
17. Within 7 days after seeking appropriate orders for
waiver of the six month period between the First joint
motion petition and the second joint motion petition for
grant of divorce, the First Party and Fourth Party
shall jointly file the second motion under Section 13B
of the Hindu Marriage Act, 1955 seeking mutual
divorce on the same terms and conditions as contained
in this settlement agreement and get their respective
statements recorded towards the said second motion of
mutual divorce and thus seek a final divorce decree by
way of mutual consent.
18. Simultaneously upon the grant of decree of divorce,
the First Party shall duly sign and execute her
resignation letter from Shiksha Bharti Educational
Society and Shiksha Bharti Global School with
immediate effect.
19. It is unequivocally agreed and understood between
the Parties that the custody of the Third Party was and
shall vest with the First Party exclusively and the
Fourth Party shall not claim custody thereof.
20. It is categorically accepted by the Parties hereto
that in case of breach of the terms of this Agreement by
any Party to this Settlement Agreement, the non-
defaulting Party shall be at a liberty to either seek
enforcement of this settlement agreement and initiate
appropriate contempt proceedings against the
defaulting Party at his/her risk, consequences and
costs, or be entitled to take remedies as may be
available in law.
21. It is further agreed that in case the First, Second
and Third Parties are in breach of the obligations
contained in the present Agreement, the Fourth Party
shall have the option to either seek enforcement of this
Settlement Agreement and initiate contempt
proceedings or seek restoration of the properties
transferred by him in favour of the First to Third
Parties and also to seek refund of the amounts paid to
the said parties in terms of this agreement. In such an
event, the First, Second and Third Party shall be
obligated to restore the properties in favour of the
Fourth Party and refund the money received in terms
of this Agreement within a period of one month from
notice of default issued by the Fourth Party for the
breach of this Settlement Agreement by the First,
Second and Third Party.
22. The Parties unconditionally agree and undertake to
abide by the terms and conditions as set forth in the
present Agreement.
23. It is agreed between the parties that after transfer
of the above mentioned immovable properties in favour
of the First Party and upon receipt of the entire
settlement amount as aforesaid, the First Party, the
Second Party and the Third party shall not claim any
kind of maintenance, alimony, share, rights etc. or any
right/share/entitlement in the Deepak Bhardwaj and
Sons HUF and unequivocally undertake not to
file/institute any kind of case/complaint/litigation or
raise any claim in respect of any kind of maintenance,
alimony, share, rights etc. or any
right/share/entitlement in the Deepak Bhardwaj and
Sons HUF or in any other property of the Fourth Party
in any manner whatsoever.
24. The Fourth Party has assured and represented to
the First to Third Parties, that the properties and
assets forming part of this settlement Agreement are
free of any encumbrance or third-party interest of any
nature whatsoever, whether existing or inchoate,
including but not limited to any Will/testament, gift,
mortgage, lien, charge, first charge, right of pre-
emption, guarantee. Agreement to Sell, Sale Deed,
attachment order of any nature by any authority, or
any liability, by any name whatsoever. In case the First
to Third Parties, or any of them discover at any time,
that any of the aforesaid property/asset is subject to
any encumbrance or third-party interest of any nature,
it shall be sole responsibility and liability of the Fourth
Party to satisfy/discharge such encumbrance and
deliver the said assets and properties to the First to
Third Parties free of such encumbrance/liability, at the
Fourth Party's sole responsibility and liability.
25. The Fourth Party has represented, assured and
warranted the First to Third Parties, that the assets
and properties aforesaid do not form a subject matter
of any other instrument whatsoever executed by the
Fourth Party, creating any right whatsoever, in favour
of any other person whomsoever,, whether by way of a
Will/testament, Gift Deed, Agreement to Sell, Sale
Deed or any other document of any other name or
description. The Fourth Party has further represented
and warranted that in case any instrument by whatever
name, creating any right or interest in favour of any
person whomsoever is discovered, the same shall be
treated as null and void and/or cancelled, having no
validity or consequence in law. Without prejudice
anything contained in this Agreement, in ease the
entire body of rights, title and interest in the aforesaid
properties/assets are not transferred to the First to
Third Parties, as the case, free of any
encumbrance/liability/third-part right or interest, the
Firth to Third Parties shall have a right to seek and
agitate all their rights and claims against the Fourth
Party without any limitation, and also against any
person claiming or asserting any right on such
property or asset, at the cost and liability of the Fourth
Party.
26. The parties accept and agree that after the
completion of all the steps stated hereinbefore, they
shall unconditionally, and all parties within one week
thereof, withdraw all their respective complaints,
eases, legal proceedings of any nature.
27. The Parties have mutually agreed that the present
Settlement arrived at between them is fall and final and
there shall remain no dispute, difference, litigation,
claim, or counter-claim(s) whatsoever, whether
tangible or intangible of any nature between the
Parties and the Parties shall take necessary steps and
actions to implement the present Settlement in its true,
sincere, earnest and letter and spirit.
28. The present Agreement shall be subject to exclusive
jurisdiction of the courts of Delhi alone.
29. The Parties shall remain bound and undertake to
abide by the terms and conditions set out in the present
Agreement and not to dispute the same hereinafter in
future."
6. The parties have signed the agreement along with their counsels. The
ld. Mediator has also signed the agreement. Ms. Samita Bhardwaj and Mr.
Hitesh Bhardwaj are present in Court today. They confirm that the
agreement has been entered into between them. Both the parties agree to be
bound by the terms and conditions of the Settlement Agreement.
7. The Court has perused the Settlement Agreement. The terms are
lawful and there is no impediment in recording the settlement. The suit is,
accordingly, decreed in terms of paragraphs 1 to 29 of the Settlement
Agreement. The Settlement Agreement shall form a part of the decree. The
parties and all persons acting on their behalf shall be bound by the terms of
the settlement. Decree sheet be drawn accordingly.
8. The application is disposed of.
I.A.30835/2024 (for exemption)
9. Allowed, subject to all just exceptions. Application is disposed of.
CRL.M.A.35359/2023 & I.A.30834/2024 (u/S 45 of the Evidence Act)
10. These are two applications, one under Section 340 Cr.P.C. and
another under Section 45 read with Section 73 of the Evidence Act, 1872
filed by Mr. Nitesh Bhardwaj, the brother of Mr. Hitesh Bhardwaj
(Defendant) and brother-in-law of Ms. Samita Bhardwaj. The prayer in the
application I.A.30834/2024 is for referral of certain documents to CFSL for
analysis. The prayer in the application CRL.M.A.35359/2023 is for taking
action under Section 340 Cr.P.C.
11. The statement of Ms. Samita Bhardwaj has been recorded today,
which is extracted hereinunder:
"I recognise Mr. Nitesh Bhardwaj, who is my brother-in-
law (Devar), who is present in Court. I have seen the
original MoU dated 5th October, 2023. I recognise the
MOU dated 5th October 2023, the original of which is
shown to me.
The photograph in the green dress is mine. The
photograph of the boy on the right, in yellow T-shirt is
Mridul and the photograph of the boy in red T-shirt is
Devansh. They both are my sons.
Mridul and Devansh signatures have signed the MoU.
They signed this document in front of me. The signatures
of Mr. Nitesh Bhardwaj are also appearing in the
document. My signatures on this document are also
genuine.
I have seen the document called 'Undertaking'. I do not
admit the signatures on the purported undertaking,
which has been shown to me. According to me, this
document is not original. The first page appears to be a
copy as it does not show the impression of the
ink/signatures at the rear. The second page is clearly a
photocopy."
12. The Court has also seen the two documents. Insofar as the MoU
dated 5th October, 2023 is concerned, Ms. Samita Bhardwaj has accepted
and admitted her signatures on the same. The said document is taken on
record as Exhibit X.
13. Insofar as the second document i.e. the purported 'undertaking' relied
upon by the Applicant i.e., Nitesh Bhardwaj is concerned, the document
which has been presented to the Court today and which has been shown to
Ms. Samita Bhardwaj, is not complete in original. The purported
'undertaking' is taken on record as Exhibit Y.
14. It is the stand of the Applicant that the first page is signed in original
and the second page, in any case, is a photocopy. In respect of such a
document, the stand of Ms. Samita is that the document is not in original.
15. Insofar as the application under Section 340 Cr.P.C. is concerned,
since Ms. Samita Bhardwaj has admitted her signatures on the MoU today,
the clear stand which was recorded in the order dated 18th December, 2023
that the erstwhile Counsel had created the said document, is palpably wrong
and incorrect.
16. Insofar as the purported 'undertaking' is concerned, sample signatures
of Ms. Samita Bhardwaj have been obtained (Exhibit Z). Let the purported
'undertaking' as also the sample signatures of Ms. Samita Bhardwaj be sent
to the Central Forensic Science Laboratory ('CFSL') for giving a report as
to whether either of the signatures is original and whether the signatures
compare with the signatures of the Plaintiff No.3.
17. The original MoU dated 5th October, 2023 admitted by Ms. Samita
Bhardwaj is also taken on record. These three documents are marked as
Ex.X, Ex.Y and Ex.Z. Accordingly, the application I.A.30834/2024 is
disposed of.
18. Insofar as the application CRL.M.A.35359/2023 is concerned, issue
notice. The Plaintiff no.3 to file a reply within six weeks. Rejoinder,
thereto, be filed within four weeks, thereafter.
19. List on 13th September, 2024 before the Roster Bench.
PRATHIBA M. SINGH
JUDGE
MAY 29, 2024/dk/bh
