Full Judgment Text
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of decision: 15 September, 2023
+ MAT.APP.(F.C.) 133/2023, CM APPL. 24019/2023
ANJALI SHARMA ..... Appellant
Through: Ms. Megha Batra, Advocate along
with appellant in person.
versus
NIKHIL SHARMA ..... Respondent
Through: Mr. Rajat Srivastav, Advocate along
with respondent in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. The present appeal under Section 28 of the Hindu Marriage Act read
with Section 19 of the Family Courts Act, 1984 has been filed by the
appellant seeking the setting aside of Order dated 15.02.2023 passed by
learned Judge, Family Court, Tis Hazari Court, (Central District), New
Delhi in HMA No.599/2017, whereby the petition filed by the respondent/
husband for Dissolution of Marriage under Section 13(1)(ia) of HMA has
been allowed and the marriage between the parties has been dissolved.
2. The parties are present in person with their respective counsel. We
have interacted with the parties and the parties have mutually agreed to
settle inter se disputes. The respondent/husband has requested for three
months time to fulfill his obligations in the settlement on following terms
and conditions:-
(i) That the respondent-husband shall pay an amount of Rs.10 lakhs
Signature Not Verified
DigitallySigned By:SAHIL
SHARMA
MAT.APP. (F.C.) 133/2023 Page 1 of 3
Signing Date:19.09.2023
16:13:31
to appellant-wife towards full and final settlement of all the
claims, including stridhan , maintenance, alimony, etc.
(ii) That the respondent/husband shall return the Maruti ALTO K10
Car along with the dowry articles admitted before the CAW Cell
to the appellant/wife on the next date of hearing of Complaint
Case No.1068/2023 filed under the provisions of Domestic
Violence Act, 2005 pending before learned CMM, Tis Hazari
Courts.
(iii) That the appellant shall thereafter withdraw the Complaint Case
No.1068/2023 filed under the provisions of Domestic Violence
Act, 2005 pending before learned CMM, Tis Hazari Courts
within 4 weeks of receiving the articles admitted before the
CAW Cell and the respondent/ husband shall pay a n amount of
Rs.5 lakhs at the time of withdrawal of the said Complaint.
(iv) That the parties shall thereafter jointly move an application for
the quashing of FIR No.83/2019, under Sections 498-A/406/34
IPC, registered at Police Station Gandhi Nagar, Delhi within 6
weeks of withdrawal of the Complaint Case No.1068/2023. The
balance amount of Rs.6 lakhs shall be paid by the
respondent/husband to the appellant-wife at the time of
quashing of FIR.
(v) That if after receiving payment of any amount, appellant-wife
does not come forward to proceed for remaining part of the
settlement within the time stipulated, she shall be liable to return
the said amount with interest @ 12% p.a. to appellant-husband.
(vi) If after payment of any amount, respondent-husband does not
come forward for remaining part of the settlement within the
given time, the amount paid by respondent to appellant shall
stand forfeited and the respondent shall have no right to claim
the said amount.
Signature Not Verified
DigitallySigned By:SAHIL
SHARMA
MAT.APP. (F.C.) 133/2023 Page 2 of 3
Signing Date:19.09.2023
16:13:31
3. Both the parties have mutually agreed and undertaken that they shall
remain bound by the settlement reached before this Court today and shall
withdraw/get quashed all the pending litigations against each other or their
family members arising out of this marriage and the erring party shall be
liable to be prosecuted under the provisions of Contempt of Courts Act,
1971.
4. The aforesaid undertaking furnished on behalf of both the sides is
taken on record.
5. In the light of above, appellant submits that the present appeal be
disposed of, however seeks liberty to get it revived, if need be.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
SEPTEMBER 15, 2023
va
Signature Not Verified
DigitallySigned By:SAHIL
SHARMA
MAT.APP. (F.C.) 133/2023 Page 3 of 3
Signing Date:19.09.2023
16:13:31