Bikramjit Ahluwalia v. Avnija Ahluwalia (Minor) Thr Next Friend
$-36-38 *IN THE HIGH COURT OF DELHI AT NEW DELHI CMNo.36537/2017 in + FAO(OS) 14/2017 AVNIJA AHLUWALIA (MINOR) Appellant Through : Mr. Manav Gupta, Adv.
versus BIKRAMJIT AHLUWALIA & ORS Respondents Through : Mr. Anil KT. Gupta, Mr. Piyush Gupta, Mr. Satvik Bajaja and Mr. Amit Sharma, Advs.
CMNo.36536/20I7in + FAO(OS) 26/2017 BIKRAMJIT AHLUWALIA Appellant Through: Mr. Anil Kr. Gupta, Mr. Piyush Gupta, Mr. Satvik Bajaja and Mr. Amit Sharma, Advs.
versus AVNIJA AHLUWALIA (MINOR) THR NEXT FRIEND Respondent ,, Through: Mr. Manav Gupta, Adv.
CM No.36512/2017in + MAT.APP.(F.C.) 174/2017 VIKAS AHLUWALIA Appellant Through : Mr. Anil Kr. Gupta, Mr. Piyush Gupta, Mr. Satvik Bajaja and Mr. Amit Sharma, Advs.
with appellant FAOfOS) 14. 26/2017 & Mat.Ap(FC) 174/2017 By:AMULYA
i V versus SIMRAN AHLUWALIA Respondent Through: Mr. Manav Gupta, Adv.
with respondent
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 11.10.2017 CM No.36537/2017 in FAGIOSI 14/2017; CM No.36536/2017 in FAO(OS) 26/2017 and CM No.35512/2017 in MAT.APP.IF.C.) 174/2017 (for withdrawal of appeals) 1.
CM No.36537/2017 in FAO(OS) 14/2017 has been filed on behalf of the minor-appellant by Ms. Simran Ahluwalia, her mother and guardian; CM No.36536/2017 in FAO(OS) 26/2017 has been filed by the appellant therein-Mr. Bikramjit Ahluwalia; and CM No.36512/2017 in MATAPP.(F.C.) 174/2017 has been filed by the appellant therein-Mr. Vikas Ahluwalia placing on record a mediation settlement dated 25^*' September, 2017 entered into between Mr. Vikas Ahluwalia, his father Sh. Bikramjit Ahluwalia and Ms. Simran Ahluwalia on behalf of herself as well as her minor daughter Ms. Avnija Ahluwalia.
2.
We may note that Ms. Sin*an Ahluwalia and Mr. Vikas Ahluwalia are present in court. Learned counsel for the parties submit that the settlement agreement dated 25* September, 2017 (Annexure I to CM No.36537/2017; was entered voluntarily and of the fi-ee will of the parties. It is submitted that the settlement has
been arrived at keeping in view the welfare and benefit of all the parties especially the minor child Ms. Avnija Ahluwalia. 3.
The parties who are present also confirm the same and submit that they are satisfied with the terms of settlement. Parties undertake to remain bound by the terms of the settlement and ensured that they will strictly abide by the same. 4.
We have examined the settlement dated 25^ September, ^ 2017 (annexure I hereto) which is signed by all the parties thereto. We are satisfied that the settlement was entered into bonafide and without any kind of force, pressure or undue influence. The terms of the settlement are in the welfare and benefit of Ms. Avnija Ahluwalia, the minor daughter of Ms. Simran and Mr. Vikas Ahluwalia.
5.
We accept the undertakings given by the parties. Parties shall remain bound by the terms of tne settlement. 6.
By these applications, the applicants have sought leave to withdraw the appeals. The appeals are, therefore, disposed of as withdrawn keeping in view the setlement dated 25^ September, 2017.
7.
We are also informed that the first motion under Section 13(B)(1) of the Hindu Marriage Act, 1956 has been filed jointly by Ms. Simran Ahluwalia and Mr. Vikas Ahluwalia captioned as Vikas Ahluwalia and Simran Ahluwalia''' which is listed before Mr. Narottam Kaushal, Principal Judge, Family Courts, District South and the date in the matter has been fixed for 23'"'^ October, j
2017. Ms. Simran and Mr. Vilas Ahluwalia are separated since 2008 and have been litigating in proceedings under Section 13 of the Hindu Marriage Act for ajnost seven years. With great difficulty, they have been able to settle their disputes before the Delhi High Court Mediation & Conciliation Centre. It is well settled that the parties have not cchabitated since 2008. It is therefore expected thai the learned Family Court Judge shall expeditiously proceed in the matter in accordance with law. 8.
In view of the disposal of tje appeals, the date fixed in these cases for 30'^ October, 2017 shall stand cancelled. 9.
Both parties have expressed their appreciation for the facilitation and efforts put in by Ms. Veena Ralli and Mr. Rajiv Agarwal, the mediators in the present appeals. We also place on record our appreciation for the work undertaken by them at Samadhan-Delhi High Court Medation & Conciliation Centre.
Let a copy of this order be sent to the Delhi High Court Mediation & Conciliation Centre.
Dasti to parties.
V ACTING CHlfF rUSTICE rx C.HARI, OCTOBER 11,2017/kr I