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High Court of DelhiCM(M)/1582/2018

Vinay Varma v. Kanika Pasricha & ANR

2019-11-29Hon'Ble Ms. Justice Prathiba M. Singh2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1582/2018 VINAY VARMA ..... Petitioner Through:

Mr.

Arun Kumar Varma, Sr.

Advocate with Ms. Ragini Vinaik and Ms. Vandini Dagar, Advocates (M:

9810001275).

versus KANIKA PASRICHA & ANR ..... Respondents Through:

Mr. Harsh Jaidra, Advocate for R-1 (M: 9811145052).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 25.02.2020 CM APPL. 55647/2019 (for clarification of order and judgment dated 29/11/2019) 1.

This is an application seeking clarification of the order dated 29th November, 2019. The clarification sought is as to whether the amount to be paid per month, as per para 49(1) of the order, is to be paid on a monthly basis and till when. The second clarification sought is as to whether payments would have to be made after the decree of divorce is final between the parties.

2.

During the pendency of the application, the husband and the wife i.e., the Petitioner's son Mr. Uday Karan Verma and Ms. Kanika Pasricha have entered into a settlement in respect of their matrimonial disputes, which has been set out in the order of the Ld. Division Bench dated 7th February, 2020

in MAT. APP. (F.C.) 89/2019 titled Kanika Verma Nee Pasricha v. Uday Karan Verma. As per the said settlement, the couple have agreed that they will file the first and second motion and upon the payment of Rs. 14,00,000/- to Respondent No.1, she would vacate the suit property. 3.

The obligation to pay Rs. 50,000/- per month to Respondent No.1 was put on the Petitioners at a time when this settlement was not in existence, however, considering the fact that the couple have independently resolved their matrimonial disputes, in terms of the future conduct of the parties i.e., the husband and the wife, they shall be bound by the order dated 7th February, 2020. The said settlement shall operate over and above the directions which were passed by this Court and vacating of the suit property would be in terms of the order dated 7th February, 2020. 4.

Accordingly, the directions given in paragraph 49 of the judgment stand modified in terms of the settlement terms granted vide order dated 7th February, 2020. Parties shall abide by the settlement. 5.

The application is disposed of in the above terms. PRATHIBA M. SINGH, J.

FEBRUARY 25, 2020 MR