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High Court of DelhiCM(M)/428/2018

Dharambir v. Rekha

2018-07-23Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 428/2018 & CM No.14435/2018 (for stay) DHARAMBIR ..... Petitioner Through:

Mr. Joydeep Mazumdar, Mr. Rohit Dutta & Ms. Priyata Chakraborty, Advs.

Versus

REKHA ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 23.07.2018 1.

This petition under Article 227 of the Constitution of India impugns the order [dated 23rd November, 2017 in HMA No.190/2014 (89844/2016) of the Court of Additional Principal Judge, Family Court (West), Tis Hazari Courts, Delhi] of payment of maintenance by the appellant at the rate of Rs.5,000/- per month under Section 24 of the Hindu Marriage Act, 1955. 2.

Notice of the petition was issued and Family Court record requisitioned.

3.

The parties were thereafter referred to Mediation Cell of this Court. 4.

Though no report has been received but the counsel for the petitioner states that mediation has been successful and an overall settlement has been arrived at on 7th July, 2018.

5.

Though the counsel for the petitioner seeks time to have the said Settlement Agreement placed on record but in view of the aforesaid, it is felt that the same be placed on record of HMA No.190/2014 (89844/2016) of the CM(M) 428/2018

Court of Additional Principal Judge, Family Court (West), Tis Hazari Courts, Delhi, from which this petition arises, rather than before this Court. 6.

In view of aforesaid, this petition does not survive and is disposed of. 7.

A copy of the mediation report, if received hereafter, be placed on the file.

8.

Trial Court record be sent back to the Additional Principal Judge, Family Court (West), Tis Hazari Courts, Delhi. RAJIV SAHAI ENDLAW, J JULY 23, 2018 'gsr'..

CM(M) 428/2018