Sonia v. Parvesh Kumar

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *** Date of Decision: 20.05.2024 Sonia ....Appellant

Versus

Parvesh Kumar ....Respondent CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Vinod Bhardwaj, Advocate for the appellant.

Dr. Pankaj Nanhera, Advocate for the respondent.

*** SUDHIR SINGH, J. (Oral) 1.

Prayer in the instant appeal is for setting aside the judgment and decree dated 04.03.2024, passed by learned Additional Principal Judge, Family Court, Panipat and the divorce petition filed by the respondenthusband may kindly be dismissed. 2.

Learned counsel for the parties are ad idem that the matter has been amicably resolved between the parties vide settlement/compromise deed dated 09.05.2024 and, in pursuance of the settlement arrived at

-2between the parties, learned counsel for the respondent has brought a demand draft bearing No.019645, dated 18.05.2024, amounting to Rs.9,00,000/-; in the name of the appellant-wife (Sonia), drawn on AXIS Bank in Court today. Photocopy thereof, has been handed over in Court today, which is taken on record, subject to all just exceptions. The terms and conditions of the settlement/compromise deed dated 09.05.2024 arrived at between the parties, would read as under:- "(i) That the First party has filed FAO No.1431 of 2024 before the Hon'ble Punjab and Haryana High Court against the decree of divorce passed by Ld. Additional Principal Judge, Family Court, Panipat in favour of Second Party. (ii) That now the both the parties have mutually dissolved the dispute and decided mutually to settle the matter. (iii) That as per the full and final settlement the Second Party will pay Rs.9,00,000/- in total through Demand Draft to her wife Smt. Sonia (First Party/appellant) on 20.05.2024 before Punjab and Haryana High Court.

(iv) That now in the presence of both the parties and the counsels of both the parties in the court premises of Hon'ble High Court, a mutual full and final settlement has been effected between the First Party and the Second party. (v) That both the parties do not want to take any further legal action against the each other in view of the full and final settlement entered between both the parties.

(vi) That both the parties are ready to make statement before the Hon'ble High Court and also before the Court below in regard to the full and final settlement as and when required. (vii) That the present full and final settlement is genuine, voluntary and without any coercion and undue influence as the present full and final settlement has been entered between both the parties.

(viii) That any party resiled from the full and final settlement

-3then the same can be implemented by the other party by approaching the Hon'ble Court.

(ix) That the present full and final settlement will be applicable even on the legal heirs of both the parties. (x) That this full and final settlement has been scribed at the instance of the parties to the settlement and the same has been read over to both the parties in the presence of witnesses on this."

3.

Learned counsel for the appellant submits that since the matter has been settled between the parties, therefore he does not want to pursue the instant appeal and prays that he may be permitted to withdraw the instant appeal.

4.

It has been further submitted by learned counsel for the respective parties that whatever litigations are pending against one another, the same will be withdrawn within a period of four weeks from today. 5.

In view of the settlement arrived at between the parties, the instant appeal is dismissed as withdrawn.

6.

Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (HARSH BUNGER) JUDGE 20.05.2024 Himani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No