Simmi Anand v. Rajeev Anand

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP. 53/2011 and C.M. Appl. Nos.22063/2017 & 26510/2017 S ..... Appellant Through:

Mr. Gurinder Pal Singh, Mr. Nitin Mangla, Mr. Sidharth Borah and Ms.

Ragini Anand, Advocates versus R ..... Respondent Through:

Mr. Prosenjeet Banerjee and Mr.

Arpit Kr. Singh, Advocates

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 04.05.2018 1.

Both the parties are present in Court with their respective counsels and they sought pass over to negotiate a settlement. 2.

The matter was again taken up after pass over when both the parties submitted that they have agreed to amicably settle this matter on the following terms:

(i) The respondent undertakes to pay 60 lakh Thai Baht in full and final settlement of all claims between the parties, to the appellant in five instalments as per details given hereunder:- a) 10 lakh Thai Baht by 10th June, 2018;

b) 10 lakh Thai Baht by 10th September, 2018; c) 10 lakh Thai Baht by 10th January, 2019;

d) 15 lakh Thai Baht by 10th May, 2019;

e) 15 lakh Thai Baht by 10th September, 2019;

(ii) The respondent undertakes to transfer the aforesaid amount to the savings bank account of the appellant on or before the dates mentioned above.

(iii) The respondent further undertakes to bear all the expenses of higher education as well as expenses on the marriage of their son, Mr. Siddhant Anand present in Court today.

(iv) The parties withdraw the allegations of cruelty made against each other and undertake not to refer to the allegations made earlier or to make any fresh allegations against each other, in any manner in future.

(v) The appellant, present in Court, agrees not to press this appeal subject to the respondent honouring the undertaking given to this Court. (vi) In the event of violation of the undertaking given by the respondent to pay the settlement amount mentioned above or to bear the expenses for the higher education of the son, the appellant reserves the right to seek the revival of this appeal apart from initiating action for violation of the undertaking.

3.

The undertaking of the parties in terms of the aforesaid settlement is hereby accepted.

4.

This appeal is disposed of in terms of the settlement between the parties. Both the parties shall remain bound by the undertaking given to this Court as well as the terms of the settlement. 5.

Interim order stands vacated.

However, the respondent shall not remarry till all the five instalments totalling 60 lakh Thai Baht are paid to the appellant.

6.

This Court appreciates the assistance rendered by learned counsels for both the parties in resolving this complicated matter. 7.

Pending applications are disposed of.

8.

Copy of this order be given dasti to counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

MAY 04, 2018 rsk