Uma Shanker Saxena v. Neera Saxena

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 29/2015 & CM No. 27408/2015 UMA SHANKER SAXENA ..... Appellant Through:

Mr. Abhishek Kumar, Advocate along with Mr. Manish Bhadavia, Advocate.

versus NEERA SAXENA ..... Respondent Through:

respondent in person.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 26.07.2016 It is stated by learned counsel for the appellant that parties have resolved their disputes by a settlement agreement entered into by them under the aegis of the Delhi High Court Mediation and Conciliation Centre on 22.07.2016. The settlement between the appellant (first party) and respondent (second party) inter alia states as follows:- a. Both the parties agree to dissolve their marriage by filing joint petitions under Section 13(B) of the Hindu Marriage Act by way of mutual consent before the appropriate court at New Delhi.

b. The First Party has agreed to pay a sum of Rs. 23,00,000/- (Rupees Twenty Three Lakhs Only) to the Second Party as full and final settlement towards all her claims arising out of

the matrimonial relations including permanent alimony, stridhan, maintenance (present, past and future), etc. as well as the claims of the maintenance of her son, namely, Master Aayush.

c. Both the parties agree that the said amount of Rs. 23,00,000/- (Rupees Twenty Three Lakhs Only) shall be paid in the following manner:- i.

Rs. 50,000/- shall be paid by way of cash before this Hon'ble Court on 26.07.2016, when the matter is listed before this Hon'ble Court.

ii.

Rs. 7,50,000/- (Rupees Seven Lakhs Fifty Thousand Only) shall be paid by the First Party to the Second Party by way of cash/Demand Draft drawn in favour of Ms. Neera Saxena at the time of recording of statement for grant of the first motion of divorce before the concerned court.

iii.

Rs. 8,00,000/- (Rupees Eight Lakhs Only) shall be paid by the First Party to the Second Party by way of cash/Demand Draft drawn in favour of Ms.

Neera Saxena at the time of recording of statement for grant of the second motion of divorce before the concerned court.

iv.

Rs. 7,00,000/- (Rupees Seven Lakhs Only) shall be paid by the First Party to the Second Party by way of cash/Demand Draft in favour of Ms. Neera Saxena at the time of quashing of FIR No.

158/2008. It is also agreed that the said petition seeking quashing of FIR shall be filed on or before 30.07.2017. The Second Party undertakes to co-operate with the First Party in getting the said FIR quashed.

The respondent Ms. Neera Saxena is present in court. She has been handed over the Demand Draft No. 864596 for Rs. 50,000/- issued by Punjab National Bank dated 25.07.2016. Ms. Neera Saxena confirms that the settlement was entered into between her and the appellant, Sh. Uma Shankar Saxena, who is present in court. In light of the above developments, the appeal is dismissed as withdrawn.

S. RAVINDRA BHAT, J DEEPA SHARMA, J JULY 26, 2016 sapna