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High Court of DelhiMAT.APP.(F.C.)/135/2015

Nupur Mendiratta v. Yuvraj Abrol

2016-04-19Hon'Ble Ms. Justice Gita Mittal,Hon'Ble Mr. Justice I.S.Mehta2 pages

$~11 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 135/2015 NUPUR MENDIRATTA ..... Appellant Through:

None versus YUVRAJ ABROL ..... Respondent Through:

Mr. Ankit Kumar, Adv. with respondent

CORAM:

HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 19.04.2016 1.

None appears for the appellant despite the matter having been passed over once.

2.

We are informed by Mr. Ankit Kumar, Advocate, on instructions from the respondent who is personally present, that the matter has been settled before the mediation cell in the Saket District Courts. The respondent has agreed to pay to the appellant a total sum of `40 lakhs in full and final settlement of all disputes. The settlement agreement is being worked out. As on date, the respondent states that he has paid a sum of `20 lakhs to the appellant at the time of recording of the statement in the First Motion Petition for dissolution of marriage of the parties by a decree of divorce by mutual consent. The first motion has been MAT.APP.(F.C.)No.135/2015 completed.

Out of the balance, an amount of `10 lakhs will be

paid to the appellant at the time of the Second Motion and the remaining `10 lakhs would be paid at the time of quashing of the criminal proceedings.

3.

On 11th March, 2016, the appellant had appeared in person and also stated that the matter had been settled. It appears that the appellant is neither present nor represented in view of the above status of the litigation and the agreement between the parties. The present appeal challenges an order passed by the Family Court on the application under Section 24 of the Hindu Marriage Act, 1955.

It appears that the appellant is not interested in prosecution of the appeal in view of the settlement. This appeal is, therefore, dismissed for default of appearance.

GITA MITTAL, J I.S.MEHTA, J APRIL 19, 2016/kr MAT.APP.(F.C.)No.135/2015