Ankush Sabharwal v. Pallavi Sabharwal & ORS.
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 1296/2019 & CRL.M.As. 42837/2019, 42839/2019, 42840/2019 ANKUSH SABHARWAL .....Petitioner Through:
Mr. Aakash Varma and Mr. Nikhil Kumar Chawla, Advocates.
versus PALLAVI SABHARWAL & ORS.
.....Respondents Through:
SI Kirandeep Kour, P.S. K.M. Pur.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 12.02.2025 1.
The Petitioner, Mr. Ankush Sabharwal has filed the present revision petition impugning the order dated 31st August, 20191, passed by the Principal Judge, Family Court, Saket Courts, in Maintenance Petition No. 76/2018 under Section 125 of the Code of Criminal Procedure, 19732. The said maintenance petition was preferred by Respondent No. 1 - Ms. Pallavi Sabharwal, wife of the Petitioner, on behalf of herself and her two minor children. After considering the facts and contentions of the parties, the Family Court issued the following directions in the impugned order: "15.
Keeping in view the facts and circumstances of this case, petitioners are held entitled to interim maintenance of Rs. 1 lakh per month i.e. Rs. 40,000/- to petitioner no. 1 and Rs. 30,000/- each for petitioner no. 2 & 3 from the date of filing of this petition. Any amount paid by respondent to petitioner on account of interim maintenance be 1 "Impugned order"
2 ['CrPC'] The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
adjusted in calculation of arrears. Petitioners are also allowed litigation expenses of Rs. 21,000/-.
16.
Respondent is directed to clear the outstanding arrears of maintenance within 2 months in 2 equal monthly installments and continue to pay the current maintenance by 10th of each month hence forth."
2.
During the pendency of the present revision petition, the parties were referred to mediation before the Delhi High Court Mediation and Conciliation Centre, wherein they have negotiated a Settlement Agreement dated 7th February, 2025. As per the said Settlement Agreement, the Petitioner (Ankush Sabharwal) and Respondent No. 1 (Pallavi Sabharwal) have agreed to resolve all their disputes and differences, and have agreed to seek dissolution of their marriage by a decree of divorce by mutual consent. The Court has been informed that pursuant to this agreement, the parties have already filed a first motion petition under Section 13B(1) of the Hindu Marriage Act, 1955, before the concerned Family Court, seeking a decree of divorce by mutual consent. The said petition is stated to be listed for consideration tomorrow i.e., 13th February, 2025.
As per the Settlement Agreement, the parties have also agreed on the amount of permanent alimony/maintenance payable by the Petitioner to Respondent No. 1 as well as the custody of the minor children, expenses towards their upbringing, etc., the details of which are delineated in the Settlement Agreement. 3.
Moreover, as per the terms of the Settlement Agreement, the parties have agreed to also withdraw the cases pending between them, including the present revision petition being - CRL.REV.P. 1296/2019. 4.
In light of the foregoing, Aakash Varma, counsel appearing on behalf of Ankush Sabharwal, confirms the settlement and also identifies the signatures of his client on the Settlement Agreement. Respondent No. 1, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
who appears through video conferencing mechanism, has also confirmed the settlement.
5.
In light of the settlement arrived at between the parties, counsel for the Petitioner, states on instructions that he would like to withdraw the present petition.
6.
Accordingly, the present petition is dismissed as withdrawn. It is clarified that the parties shall remain bound by the terms of the Settlement Agreement dated 7th February, 2025.
SANJEEV NARULA, J FEBRUARY 12, 2025 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.