MEETU BHUTANI vs GAURAV SABHARWAL

$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05.10.2023
+ MAT.APP.(F.C.) 242/2019
MEETU BHUTANI ….. Appellant
Through: Mr.Pratyush Raj, Adv.

versus

GAURAV SABHARWAL ….. Respondent
Through: Mr.Praveen Singh, Adv.

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 19(1)(4) of the Family Courts Act, 1984 has been filed by the appellant-wife seeking setting aside of judgment dated 12.07.2019 passed by learned Family Court, Delhi in HMA No.555/2017 (Old No.860/2016), allowing a petition for divorce filed by the respondent on the ground of cruelty and dissolving the marriage of the parties.
2. Vide order dated 21.03.2023, parties were referred to Delhi High Court Mediation and Conciliation Centre. A settlement agreement dated 13.09.2023 has been arrived at between the parties at Delhi High Court Mediation and Conciliation Centre (SAMADHAN) whereby parties have voluntarily arrived at an amicable resolution of their disputes and differences.
3. Today, learned counsel for the parties submits that the parties have mutually agreed to settle inter se disputes on following terms and conditions:-
(i) The Parties have agreed that an amount of Rs.7,00,000/- (Rupees Seven Lakhs Only) will be paid by the respondent-husband to the appellant-wife as a one-time settlement towards maintenance (interim as well as permanent), alimony, stridhan and or any other claims.
(ii) All the jewellery items as per the list signed and exchanged by the Parties is being handed over to the appellant-wife by the respondent-husband at the time of quashing of the Criminal Case No. 3728/2019.
(iii) The respondent-husband will file a petition for quashing of the abovementioned Criminal Case No.3728/2019 before the Hon’ble High Court within 30 days from today, the date of signing this Settlement Agreement, and not later than 45 days.
(iv) It is further agreed by the appellant-wife that she will furnish the necessary affidavit recording her no-objection to an order to quash the Criminal Case No.3728/2019. It is further agreed by her that she will appear before the Hon’ble Court, if so required, in the petition for quashing the Criminal Case No.3728/2019.
(v) The said agreed amount of Rs.7,00,000/- shall be paid by way of a demand draft in the name of the appellant-wife, upon the order of quashing the Criminal Case No.3728/2019 being passed by the Hon’ble Court.
(vi) Upon the order of quashing the Criminal Case No.3728/2019 and upon payment of Rs.7,00,000/- to the appellant-wife by the respondent-husband all the disputes and difference will be treated as settled and no claims whatsoever shall remain pending between them.
(vii) Both the Parties to this Settlement Agreement hereby declare that they are entering into this Settlement Agreement after having taken legal advice and without being under any kind of force, pressure, fraud, coercion or undue influence.
(viii) The Parties undertake not to file any case/petition/suit in future with respect to this matrimony against each other or their family members in any court of law, subject to adherence to terms of this Settlement Agreement.
(ix) It is further agreed between the parties that they have not filed any other petition, complaint or case before any court or authority. In case it is found that there is any case pending anywhere, the same shall be deemed to have been withdrawn and settled.
4. Learned counsel appearing on behalf of parties submit that parties have once for all settled their disputes in terms of aforesaid settlement arrived at Delhi High Court Mediation and Conciliation Centre. Learned counsel appearing from both the sides, on instructions, submit that parties shall remain bound by the terms of settlement.
5. Having regard to the fact that the parties to the present appeal have resolved their disputes in terms of settlement agreement dated 13.09.2023 arrived at Delhi High Court Mediation and Conciliation Centre, nothing survives for consideration in the present appeal. The undertaking furnished on behalf of the parties that they shall remain bound by the terms of the settlement, is taken on record while making it clear that the erring party shall be liable to be prosecuted under the provisions of Contempt of Courts Act, 1971.
6. In the light of above, counsel for the appellant submits that the present appeal be disposed of, however seeks liberty to get it revived, if need be.
7. The present appeal and pending application, if any, are accordingly disposed of, with liberty as prayed for.

(SURESH KUMAR KAIT)
JUDGE

(NEENA BANSAL KRISHNA)
JUDGE
OCTOBER 05, 2023/ab

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