Namarata Sharma v. Shakuntala Sharma & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 630/2016 NAMARATA SHARMA ..... Appellant Through:

Mr. Pawan K. Bahl, Advocate (M9810045051) with Appellant in person.

versus SHAKUNTALA SHARMA & ANR.

..... Respondents Through:

Mr. Raj Kumar, Advocate for R-1 (M-9871698896).

Respondent No.2 in person.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 29.05.2018 CM APPL. 31462/2016 (delay) This is an application for condonation of delay in filing the appeal. The delay in filing the appeal is condoned. CM is disposed of RFA 630/2016 & CM APPL. 31461/2016 (stay) Subsequent to the last order, parties report that they have arrived at a settlement. The settlement agreement dated 26th May, 2018 has been placed on record. The settlement terms are contained in paragraphs (a) to (m). The Court has perused the settlement and the same appears to be lawful. There is no impediment in recording the settlement. The settlement agreement is signed by Ms. Namrata Sharma, Mr. Lalit Sharma and Ms. Shakuntala Sharma as the confirming party.

As per the said settlement, the parties have agreed, inter alia, that they will move the first motion for divorce by mutual consent on 10th July, 2018 before the learned District & Sessions Judge and all further steps shall be taken as per the terms of this settlement.

At the time of the first motion, the Respondents shall pay to the Appellant a sum of Rs.2,00,000/- and thereafter Rs.3,00,000/- and Rs.1,00,000/- as stipulated in paragraphs c(i) to c(iii) of the settlement. At the time of recording the first motion, the key of the suit property shall be handed over by the Appellant to Respondent No.1. All the remaining terms are contained in detail in the settlement and parties shall be bound by the said terms and the undertakings given therein and shall abide by the terms of the settlement. The undertakings given in the Settlement are accepted by the Court.

As per para (h) of the settlement, the Appellant shall withdraw all the petitions filed by her against the Respondents under the Domestic Violence Act and Section 125 Cr. PC pending before the Karkardooma Court within 10 days from granting the first motion for divorce by mutual consent. The parties shall also move for quashing of the FIR as agreed. Parties shall cooperate with each other to ensure that the terms of the settlement are duly given effect to.

The impugned judgment/decree is also modified in terms of the settlement. The settlement terms along with this order shall be filed in all the pending proceedings, which shall all be disposed of/withdrawn in terms of the Settlement. Decree sheet be drawn in terms of the settlement. No further orders are called for in this appeal. The appeal and all pending applications are disposed of as settled. PRATHIBA M. SINGH, J.

MAY 29, 2018 Rekha