Sunita v. Vinod Kumar

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP. 73/2007 & CM 14220/2007 S ..... Appellant Through:

Mr. Rohit Sharma, Mr.S.P. Saini, Advocates.

versus V ..... Respondent Through:

Mr. Devesh Pratap Singh, Advocate along with respondent in person.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 09.04.2018 1.

Both the parties are present in Court with their respective counsels. The appellant present in Court with her counsel accepts the decree of divorce subject to payment of permanent alimony of Rs.5 lakh and payment of arrears of maintenance of Rs.35,000/- by the respondent. 2.

The respondent present in Court has handed over four cheques totalling Rs.5,35,000/- to the appellant towards permanent alimony and arrears of maintenance. The details of cheques are as under: Cheque No.

Date Amount Drawn on 712490 09.04.2018 1,35,000/- Punjab National Bank, F, Block, Vikas Puri, New Delhi 712487 09.05.2018 1,00,000/- Punjab National Bank, F, Block, Vikas Puri, New Delhi 712488 09.06.2018 1,50,000/- Punjab National Bank, F, Block, Vikas Puri, New Delhi 712489 09.07.2018 1,50,000/- Punjab National Bank, F, Block, Vikas Puri, New Delhi 3.

The respondent undertakes that all the aforesaid cheques shall be honoured on their first presentation.

4.

The appellant undertakes to withdraw the following two cases against

the respondent within a period of four weeks from today: (i) Sunita vs. Vinod under Section 125 Cr.P.C., pending in the Court of Ms. Reena Singh Nag, learned Principle Judge, Family Court. (ii) Sunita vs. Chiranjilal & Ors, under Domestic Violence Act, pending in the Court of Ms. Aanchal, learned M.M., Tis Hazari Courts. 5.

The respondent shall file a petition for quashing of FIR No. 594/14, P.S. Subzi Mandi under Section 308 IPC and the appellant undertakes to give her no objection to the quashing of the said FIR. The appellant also undertakes to appear before the Court on the dates of listing of the quashing petition.

6.

The appellant is in occupation of property bearing House No.136A, Village Ranhalla, Delhi in respect of which the respondent's father has filed a civil suit which is pending before the Court of Ms. Vandana Chauhan, learned ADJ, Tis Hazari Court, Delhi.

The appellant shall continue to contest the said civil suit and no settlement has been arrived at between the parties with respect to the civil suit.

The respondent's father has filed a complaint case against the appellant with respect to the aforesaid property which shall also continue before the concerned court. 7.

The undertaking of both the parties recorded above is hereby accepted.

8.

MAT APP.73/2007 is dismissed as withdrawn. However, the parties shall remain bound by the undertakings recorded above. The pending application is disposed of.

9.

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

J.R. MIDHA, J.

APRIL 09, 2018 dk