Seema Kumari v. Abhimanyu Kumar

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 114/2021, CM 44328/2021 (delay 193 days in filing) CM 44329/2021 (delay 63 days in re-filing) SEEMA KUMARI ..... Appellant Through:

Mr.Sumanto Dey, Mr.Mukesh Kumar Singh, Mr.Chandrakant S.

Sarkar, Ms.Ikshit Singhal and Mr.Narendra Goyal, Advocates.

versus ABHIMANYU KUMAR ..... Respondent Through:

Dr.M.Y. Khan, Mr.Bhupendra Kumar Sharma and Mr.Waseem Akhtar Khan, Advocates.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 09.01.2024 [Physical Hearing/Hybrid Hearing (as per request)] 1.

Counsels for the parties submits that the matter has been settled in the mediation proceedings.

2.

The Settlement Agreement dated 14th December, 2023 entered into between the parties before the Delhi High Court Mediation and Conciliation Centre (Mediation Centre) is on record. It is marked as Exhibit 'X' in the digital file placed on record.

3.

We have examined the terms of the aforesaid Settlement Agreement and find the same to be lawful.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The salient terms of the Settlement Agreement as agreed between the parties are set out below: - (i) Respondent has agreed to pay a total sum of Rs.20,00,000/- to the appellant to withdraw all pending litigation and quashing of the FIR's registered against the respondent and his family members. (ii) Out of the total sum of Rs.20,00,000/-, a sum of Rs.5,00,000/- was deposited by the respondent before the Registrar of this Court on 27th March, 2017. The aforesaid amount shall be released in favour of the appellant along with accrued interest thereon and would be counted as Rs.7,50,000/-.

(iii) A sum of Rs. 3,50,000/- shall be paid by the respondent to the appellant upon the appellant withdrawing the complaint under Domestic Violence Act, 2005.

(iv) Further, a sum of Rs.9,00,000/- shall be paid by the respondent to the appellant upon quashing of FIR No. 626/2014 and FIR No. 502/2014. The appellant shall extend her full cooperation by giving no objection to the quashing of the said FIRs.

(v) Appellant has agreed before this Court that the agreed amount of Rs. 20,00,000/- is towards full and final settlement of all claims arising out of the marital discord between the parties and towards maintenance, welfare and education of the minor daughter.

(vi) The parties have mutually agreed that their minor daughter shall continue to remain under the sole custody of the appellant. 5.

Parties shall remain bound by the aforesaid Settlement and shall comply with their respective obligations.

6.

Accordingly, the present appeal is disposed of in terms of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

aforesaid Settlement Agreement.

7.

All pending applications stand disposed of.

RAJIV SHAKDHER, J AMIT BANSAL, J JANUARY 9, 2024/rt Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.