Pooja Singh v. Ajit Pal Singh

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 184/2018 & CM No. 31376/2018 POOJA SINGH ..... Appellant Through:

Mr. C. Mohan Rao, Adv. with Mr. Lokesh Kumar Sharma, Adv.

with appellant and her sister (Ms.

Hema Chouhan) in person versus AJIT PAL SINGH ..... Respondent Through:

Mr. Jagdeep Kumar Sharma, Adv.

with respondent in person

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 14.12.2018 Parties are present in Court. The sister of the appellant is also present in Court.

When the matter came up for hearing yesterday, i.e. 13.12.2018, we were informed that the mediator is seized of the matter and the parties are at an advance stage of settlement.

Before us, the parties have arrived at an amicable settlement. The agreed terms of the settlement are as under:

(i) Parties agreed to seek a decree of divorce by mutual consent. (ii) The first motion shall be filed in the month of January, 2019. The second motion shall be filed within three months thereafter. (iii) The respondent has agreed to pay a sum of Rs.1,50,00,000/- (one crore fifty lakhs) to the appellant. Out of this amount,

Rs.50,00,000/- (fifty lakhs) shall be paid in the name of wife at the time of making a statement at the first motion and Rs.1,00,00,000/- (one crore) shall be deposited in the name of their son 'Aayush Singh' at the time of filing of second motion. The amount shall be kept in a fixed deposit till the son attains the age of 18 years, however, in case, a property is purchased in joint name of the mother and son, this amount will be utilised. (iv) It is agreed that permanent custody of the son shall remain with the mother. However, the respondent / father would be allowed to communicate with his son over telephone, face time etc. The appellant has no objection, in case the respondent meets his son after giving reasonable notice to the mother. (v) The appellant would be entitled to remove all her articles and belongings from the house at C-1852, Palam Vihar, Gurugram. Thereafter, the keys will be deposited in this Court, which will be handed over to the respondent after the entire payment is made.

(vi) The complaint filed by the appellant under Domestic Violence Act would be kept in abeyance till the final settlement. No precipitative action shall be initiated during this period. (vii) The parties shall sign the ordersheet in token of their acceptance. The parties have been explained the consequences of breach of the undertaking given to Court today. The present appeal is disposed of in the above terms. Pending application also stands disposed of.

The Court appreciates the efforts put in by the learned mediator, the parties and the learned counsels for resolving the matter amicably. G.S.SISTANI, J JYOTI SINGH, J DECEMBER 14, 2018 PB Pooja Singh (Appellant) Ajit Pal Singh (Respondent) MAT.APP.(F.C.) 184/2018