Seema Seth & ORS v. Nishith Seth

$~18 to 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 05.12.2018 + CONT.CAS(C) 597/2017 & CM APPL. 40938/2018 SEEMA SETH & ORS ..... Petitioner versus NISHITH SETH ..... Respondent + CRL.REV.P. 813/2015 SEEMA SETH ..... Petitioner versus NISHITH SETH ..... Respondent + CRL.REV.P. 639/2016 & Crl. M.A. 15035/2016 NISHITH SETH ..... Petitioner versus SEEMA SETH & ORS ..... Respondent Advocates who appeared in this case:

For the Petitioner :

Mr. Sunil Mittal, Sr. Adv. with Ms. Aishwarya Anand, Adv. with Petitioner no. 1 in person (CONT. CAS. (C) 597/2017.

Mr. Sunil Mittal, Sr. Adv. with Ms. Aishwarya Anand, Adv. for Seema Seth/wife For the Respondent :

Mr. Avnish Ahlawat and Mr. Hanu Bhashkar, Advs. for husband- Nishith Seth

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 05.12.2018 SANJEEV SACHDEVA, J. (ORAL) 1.

The subject petitions emanate out of maintenance and matrimonial proceedings, inter-se the parties. 2.

Parties were referred to mediation. Parties have settled the disputes before Delhi High Court Mediation & Conciliation Centre and settlement agreement dated 28.11.2018 has been executed. 3.

In terms of the settlement dated 28.11.2018, the husband has to pay a sum of Rs. 47,50,000/- for the two daughters in the manner as enumerated in the settlement agreement. In addition, he has to inter alia transfer Flat No. B-608, Sri Sai Baba Apartments, Plot No. 9, Sector-9, Rohini, Delhi in favour of the wife along with the transfer of the share certificate with car parking space of the society. 4.

Learned Senior Counsel appearing for the wife submits that there are certain dues of the housing society which have not been cleared.

5.

After some arguments, parties have agreed that the husband shall pay a sum of Rs. 50,000/- directly to the society by 31.01.2019 towards the settlement of dues. Balance amount of the society dues shall be borne by the wife. It is made clear that this amount shall be, over and above, the amount which has been agreed into the settlement agreement.

6.

Pay Orders bearing Nos. 642263 dated 15.11.2018 for a sum of Rs. 34,000/-, 642272 dated 16.11.2018 for a sum of Rs. 3,06,000/-, 662260 dated 15.11.2018 for a sum of Rs. 34,000/- & 642271 dated 16.11.2018 for a sum of Rs. 3,06,000/-, all issued by the Corporation Bank have been handed over to the wife today in Court. 7.

Parties appearing in person in Court undertake that they shall perform their respective obligations under the settlement agreement dated 28.11.2018. Husband further undertakes to provide all documents as may be required for the purpose of giving effect to the transfer of EPF/Joint Account, etc. in terms of the settlement agreement and shall, if required, appear before the concerned authorities. The undertakings are accepted.

8.

In view of the above, the petitions are disposed of in the above terms. Settlement agreement dated 28.11.2018 shall perform part of this order and the parties shall remain bound by their respective undertakings.

9.

Order dasti under signatures of the Court Master. DECEMBER 05, 2018 SANJEEV SACHDEVA, J 'rs'