Nitin Gupta vs Sapna Gupta
2021 Latest Caselaw 1627 Tel

Items No.4-5

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                    F.C.A.Nos.98 & 101 OF 2019

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    The appellant/husband is aggrieved by the common order dated

15.03.2019 passed by the learned Family court allowing a petition for

restitution of conjugal rights filed by the respondent/wife and

dismissing a petition for divorce filed by him. Admittedly, the parties

had got married on 04.02.2005 and had separated in June, 2011 and

there is no issue from the marriage.

2. On the first call, both the parties were present and we had

interacted with them and their respective counsel and figures and

counter figures were exchanged by them whereafter, learned counsel

for the appellant/husband had sought a pass over to enable his client to

mull over the final offer made by the other side for a full and final

settlement.

3. On the second call at 04:50 p.m., learned counsel for the

appellant/husband states on instructions that the appellant/husband is

willing to pay a sum of Rs.10 lakhs to the respondent/wife in full and

final settlement of all her claims against him. The respondent/wife is

present along with her counsel and has accepted the said amount

subject to the condition that the same is paid to her at the earliest. It

has been agreed that parties shall file a joint application for divorce by

mutual consent within two weeks from today. On appearing before the

Family Court, the appellant/husband has agreed to hand over a sum of

Rs.5 lakhs to the respondent/wife towards first instalment of the

settlement. The remaining sum of Rs.5 lakhs shall be deposited by the

appellant/husband in the Family Court on or before 23.07.2021 and

the aforesaid amount shall be released in favour of the respondent/

wife on the second motion of divorce by mutual consent being granted

by the Family Court. In the event the respondent/wife reneges from

the aforesaid settlement, then she will have to restitute the appellant

for the first instalment of Rs.5 lakhs that is received by her on the first

motion being allowed by the Family Court. The remaining amount

that the appellant/husband has been directed to deposit in the Family

court, shall also be refunded to him forthwith.

4. After receiving the aforesaid amount neither parties shall be left

with any claim against each other. It is agreed that the

respondent/wife shall not press any pending petition against the

appellant/husband and shall cooperate with him in quashing of the

criminal case pending against him. The respondent/wife shall

withdraw any pending cases filed against the appellant/husband and/or

his family members and she undertakes not file any case against him

or his family members in the future.

5. The present appeals are disposed of along with the pending

applications, if any, in terms of the aforesaid settlement.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

14.06.2021 Lrkm/pln