Cd v. Ab

$~21 & 22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 89/2017 and C.M. Nos. 19334/2017, 29441/2017, 32440/2018, 30408/2019, 41332/2022, 51122/2022, 182/2023, 721/2023 & 4380/2023 AB ..... Appellant Through:

Appellant in person.

versus CD ..... Respondent Through:

Respondent in person.

+ MAT.APP.(F.C.) 98/2017 and C.M. Nos. 22935/2018, 7235/2019, 43430/2019 & 43497/2019 CD ..... Appellant Through:

Appellant in person.

versus AB ..... Respondent Through:

Respondent in person.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 06.05.2024 [Physical Hearing/Hybrid Hearing (as per request)] 1.

These are cross-appeals preferred by the litigating couple. 2.

Both parties are present.

2.1 The wife, who is referred to as CD, is present physically, while the husband who is referred to as AB, has joined the proceedings through video conferencing.

3.

Parties inform us that a settlement has been arrived at between them and is incorporated in the orders dated 21.03.2024 and 03.05.2024 passed by the Family Court.

3.1 Furthermore, parties inform us that pursuant to the settlement, the first MAT.APP.(F.C.) 89/2017 & MAT.APP.(F.C.) 98/2017 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/05/2024 at 11:46:15

motion petition under Section 13B (1) of the Hindu Marriage Act, 1955 [in short, "HMA"] has been presented and that the second motion would be moved shortly.

4.

Given this turn of events, the husband (AB) says that MAT. APP.(F.C.) 89/2017 can be closed, subject to access being granted to the counsellor's report dated 21.10.2023 [hereafter referred to as "the report"], which is available on the Court record.

4.1 In this context, our attention has been drawn to the order dated 20.09.2023 passed by the coordinate Bench.

5.

The wife (CD) puts forth a similar plea.

5.1 It is submitted by the wife (CD) that her appeal, i.e. MAT.APP. (F.C.) 98/2017 can be closed as well with access being granted to her vis-à-vis the report filed by the counsellor, i.e. Dr Parnika Sharma. 6.

Having heard the submissions made by the parties, we are inclined to close the above-captioned appeals.

7.

Parties will be at liberty to obtain access to the prepared by the counsellor, i.e. Dr Parnika Sharma.

8.

Parties undertake not to disclose the contents of the report to any third party or to use the report to trigger any fresh proceedings. 9.

The appeals are disposed of in the aforesaid terms. 10.

Pending application shall, accordingly, stand closed. RAJIV SHAKDHER, J AMIT BANSAL, J MAY 6, 2024/kd Click here to check corrigendum, if any MAT.APP.(F.C.) 89/2017 & MAT.APP.(F.C.) 98/2017 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/05/2024 at 11:46:15