Saurabh Kumar Dubey v. Pratibha

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 137/2018 & C.M.Appln.41293/2019 (directions) SAURABH KUMAR DUBEY ..... Appellant Through:

Ms.Ekta Mehta and Mr. Shreyansh Singhvi, Advocates versus PRATIBHA ..... Respondent Through:

In person

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 23.12.2019 C.M.Appln.54963/2019 (by the appellant u/S 151 CPC for directions) 1.

The present application has been filed by the appellant for placing on record, a copy of the Settlement Agreement dated 10.12.2019, arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre.

2.

The terms and conditions of the settlement have been recorded in para No.8 of the Settlement Agreement. The parties have agreed that they shall take steps to file a joint application for divorce by mutual consent within 30 days. It has also been agreed that the appellant shall pay a sum of Rs.50 lakhs, in instalments, to the respondent in full and final settlement, as detailed in para No.8(g) of the Settlement Agreement. Both sides have also agreed to withdraw the cases filed by them against each other and their family members.

3.

The respondent, who appears in person, confirms the terms and conditions of the settlement as recorded in the Settlement Agreement dated MAT.APP.(F.C.) 137/2018

10.12.2019 and states that she has no objection to the present application being allowed.

4.

We have perused the Settlement Agreement. The same has been duly signed by the appellant and the respondent as also the father of the appellant as a confirming party. The Agreement has also been signed by the respective counsel of the parties as well as the learned Mediator. As it is stated by the parties that the aforesaid Settlement Agreement has been arrived at of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the same. Accordingly, the Settlement Agreement dated 10.12.2019, is taken on record.

5.

The application is allowed and disposed of. As a consequence thereto, the appeal is disposed of in terms of the aforesaid Settlement Agreement. The parties shall remain bound by the terms and conditions of the same. They are cautioned that any non-compliance or default on their part shall invite contempt of court proceedings, besides other legal remedies that may be available to the aggrieved party.

6.

The appeal is disposed of alongwith the pending application. The date of 19.02.2020, stands cancelled.

7.

File be consigned to the record room.

HIMA KOHLI, J ASHA MENON, J DECEMBER 23, 2019 s MAT.APP.(F.C.) 137/2018