Full Judgment Text
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of decision: 29 February, 2024
+ MAT.APP.(F.C.) 26/2021, CM APPL. 6637/2021 & CM APPL.
6638/2021
SMT ARTI ARORA ..... Appellant
Through: Mr. Nikilesh Ramchandran, Mr.
Shubham Seth, Mr. Anuj Panwar,
Advocates and Smt. Arti Arora
(appellant)
versus
SH DIWAKAR SINGH ..... Respondent
Through: Mr. Mukesh Thakur, Mr. Dhirendra
Singh, Mr. Nand Kishore, Advocates
and Shri Diwakar Singh (respondent)
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (Oral)
CM APPL. 10515/2024
1. On 21.02.2024, when the above-captioned application was listed
before this Court, we had broadly recorded the backdrop in which the
application had been filed and the fact that the parties had arrived at a
settlement under the aegis of Delhi High Court Mediation and Conciliation
Centre [in short “Centre”].
1.1 For convenience, the relevant part of the said order is set forth
hereafter:-
“ 1. The substantive prayer made in the application reads as follows:
Signature Not Verified
Digitally Signed By:AARZOO
Signing Date:02.03.2024
16:39:29
MAT.APP.(F.C.) 26/2021 Page 1 of 3
“(a) Allow the present application and pass an order modifying the decree from
cruelty and desertion to decree of divorce by mutual consent in terms of the
settlement arrived in HMA No. 195 of 2018.”
2. The record shows that the Family Court, based on a petition filed by the
respondent/husband, passed a judgment dated 27.02.2020 whereby the
marriage between the couple has been dissolved under Section 13(1)(ia) and
(ib) of the Hindu Marriage Act, 1955 [in short, “HMA”].
3. In the above-captioned application, it is averred that the parties have
arrived at a settlement under the aegis of [the] Delhi High Court Mediation
and Conciliation Centre [in short, “Centre”]. The application is appended by
a Settlement Agreement (SA) dated 02.02.2024 and is marked as Annexure A-
1 to the application.
4. Learned counsel for the parties concede that in the SA, there is no
provision with regard to the impugned judgment and decree.
5. It is the submission of learned counsel for the parties that the parties are
willing to go their own way and, thus, in effect, seek dissolution of marriage
based on mutual consent.
5.1 In other words, they want the decree of divorce to be sustained albeit
under the provisions of Section 13B of the HMA. This aspect of the matter
will be examined on the next date of hearing.
6. Parties are requested to remain physically present in court on the next date
of hearing.
”
2. As directed on 21.02.2024, parties are physically present in Court.
3. On being queried, we are informed by the respondent that he has
already remarried.
4. Given this position and having regard to the fact that parties have
arrived at a settlement, we have sought to ascertain from the appellant as to
whether she would be agreeable to the decree of divorce being sustained.
4.1 The appellant has submitted that while she would have no objection to
the decree of divorce being sustained, her grievance is with the observations
made in the impugned judgment concerning cruelty and desertion.
Signature Not Verified
Digitally Signed By:AARZOO
Signing Date:02.03.2024
16:39:29
MAT.APP.(F.C.) 26/2021 Page 2 of 3
4.2 In response, the respondent has stated unequivocally that he would
have no objection if the Court were to expunge the observations made by the
Family Court in the impugned judgment concerning cruelty and desertion.
5. To be noted, the main prayer made in the application is to modify the
decree from cruelty and desertion to a decree of divorce by mutual consent.
6. Having regard to peculiar facts and circumstances obtaining in the
case, the decree of divorce is sustained. However, the observations made in
the impugned judgment concerning cruelty and desertion stand expunged.
Recourse, in this regard, is taken to the residuary prayer clause (b)
incorporated in the application.
7. Pertinently, in consonance with the settlement arrived at between the
parties, the respondent/husband has handed over a demand draft amounting
to Rs.12,50,000/- to the appellant/wife. The details of the demand draft are
as follows:-
Name of the Bank Draft No. Amount
Punjab National Bank 863296 Rs.12,50,000/-
8. The application is disposed of in the aforesaid terms.
MAT.APP.(F.C.) 26/2021 & CM APPL. 6637/2021 & CM APPL.
6638/2021
9. Given the order passed in CM No. 10515/2024, the appeal is closed.
10. Pending applications shall also stand closed.
11. Parties will act based on the digitally signed copy of the order.
RAJIV SHAKDHER, J.
(JUDGE)
AMIT BANSAL, J.
(JUDGE)
FEBRUARY 29, 2024/A
Signature Not Verified
Digitally Signed By:AARZOO
Signing Date:02.03.2024
16:39:29
MAT.APP.(F.C.) 26/2021 Page 3 of 3