Punjab-Haryana High Court
Mrs. Sonia vs Gaurav Mann on 27 January, 2011
Bench: Jasbir Singh, Rakesh Kumar Garg
F.A.O. NO. 139-M OF 2010(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
DATE OF DECISION: January 27, 2011.
Parties Name
Mrs. Sonia
...APPELLANT.
VERSUS
Gaurav Mann
...RESPONDENT
CORAM: Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mr. Justice Rakesh Kumar Garg
PRESENT: Appellant with her counsel Ms. Meenakshi, Advocate.
Respondent with his counsel Mr. Aman Pal, Advocate.
Jasbir Singh, J. (oral)
JUDGMENT
It is a matrimonial dispute. Marriage between the appellant and the respondent was solemnised on November 25, 1983. Unfortunately, the parties could not pull up together and the respondent filed a petition under Section 13(1)(ia) and (iii) of the Hindu Marriage Act, 1955, which was allowed by the District Judge, Family Court, Faridabad, vide order dated March 18, 2010. Decree of divorce was granted in favour of the respondent dissolving marriage between the parties. Appellant came to this Court, the appeal was sent to the Mediation and Conciliation Centre of the High Court for reconsideration. However, there the dispute could not be settled and was F.A.O. NO. 139-M OF 2010(O&M) -2- referred back to this Court.
Thereafter, the parties have compromised their dispute. Memoradum of Settlement is taken on record as Exhibit A-1, which is signed by both the parties at each page. As per Ex. A1, the respondent - husband has agreed to pay to the appellant an amount of Rs. 25,50,000/- towards full and final settlement of all disputes between the parties. It is further mentioned that a sum of Rs. 16,00,000/- out of the amount , mentioned above, shall be paid through a demand draft and Rs. 9,50,000/- in the shape of three cheques, numbers of which are given in that document. The appellant has agreed that on receipt of payment and the cheques being encashed, she shall vacate and hand over possession of portion of the house bearing No. 135/9, Kishan Garh, Vasant Kunj, New Delhi, to the respondent by removing all her belongings therefrom. Terms and conditions of the Memorandum of settlement read thus:
"1. That the SECOND PARTY has agreed to pay an amount of Rs. 25,50,000/- (Rupees Twenty five lacs and fifty thousand only) to the First Party towards the full and final settlement of all disputes including the past and future maintenance including the maintenance granted by the Court of Ms. Veena Rani, MM, Patiala House Courts in CC No. 79/2007 vide her order dated 25.06.2010.
2. That the SECOND PARTY shall remit the aforesaid amount of Rs. 25,50,000/- to the FIRST PARTY in the form of Demand Draft and Cheques as detailed below:
F.A.O. NO. 139-M OF 2010(O&M) -3-
D.D.No Date Drawee bank Amount
.
557066 18.01.2011 SBI Rs. 16,00,000/-
Cheque Date Drawee bank Amount
No.
107449 25.01.2011 Union Bank of India Rs. 7,00,000/-
464 25.01.2011 Union Bank of India Rs.1,50,000/-
384159 25.01.2011 State Bank of India Rs.1,00,000/-
That the Second Party undertakes that the aforesaid cheques shall be honoured on its presentation.
3. That the First Party agrees that on the payment of the aforesaid amounts and upon the cheques being encashed , she shall vacate and hand-over the portion of the house bearing No. 135/9, Kishan Garg, Vasant Kunj, New Delhi, in her possession, after removing all the goods lying in the portion in the house on or before 10th Feb' 2011. The Second Party agrees that neither he nor any of his family members will obstruct the First Party from removing the goods from the said portions and that she would be freely allowed to remove all effects including furniture, kitchen equipments, electronics items and all belongings and items lying in that portion under her occupation.
4. That it has been further agreed between the parties that on payment and encashment of all cheques and removing all effects and vacating the house, that is, on or before 10th Feb'2011, the First Party shall be left with no right in the house bearing No. 135/9, Kishan Garg, Vasant Kunj, New F.A.O. NO. 139-M OF 2010(O&M) -4- Delhi.
5. That the parties agree that after the execution of the settlement , the First Party shall withdraw the appeal challenging the order and judgment dated 18.03.2010 passed by the Ld. District Judge, Family Court, Faridabad, Haryana in HMA Petition No. 665 entitled Gaurav Maan Vs. Sonia Maan and the Second Party shall withdraw all the allegations on the First Party and it shall be deemed that the dissolution of their marriage by way of Mutual Consent. It has been further agreed between the parties that they shall cooperate with each other and be present before the Court for the said purpose.
6. That both the parties also agree to withdraw all the pending proceedings/ disputes between the parties or their respective family members arising out of the marriage of the parties pending in any court at any place. The First Party shall also cooperate with the Second Party in quashing the FIR bearing No. 254/2006 PS Vasant Kunj, New Delhi, registered at her instance and shall not pursue the said FIR after recording of the present settlement and payment of the aforesaid amount to her.
The parties undertake to withdraw all the aforementioned litigations pending against each other. It has been further agreed that any other proceeding not mentioned herein filed by either parties shall be treated as dismissed or withdrawn F.A.O. NO. 139-M OF 2010(O&M) -5- on entering into the present settlement.
7. That it has also been agreed between the parties that neither they nor their family members will pursue any Civil or Criminal case arising out of the marriage of the parties against each other or their respective family members and they shall be left with no claim whatsoever against each other after the fulfillment of the terms of the present settlement.
8. That it has been further agreed between the parties that the custody of the minor child Ms. Tanvi Maan, shall remain with the First Party who shall be her sole guardian and shall have sole rights to make all decisions with regard to her without any interference from the Second Party and/ or his relatives. The Second Party has also agreed that he shall neither have nor will claim any custody or visitation rights in respect of the minor child and on this basis, the First Party has agreed to the aforesaid settlement and the amount of Rs. 25,50,000/- towards maintenance for herself and the minor child. The Second Party also undertakes to withdraw the petition filed by him for the custody of the minor child Ms. Tanvi Maan pending in the court of the District Judge, Family Court, Haryana.
9. That the above mentioned amount is in lieu of the full and final settlement in respect of past, present or future liabilities of the parties towards each other and towards the interim F.A.O. NO. 139-M OF 2010(O&M) -6- maintenance awarded by any competent court to any of the parties for maintaining the said Party or his/her family (including daughter named Tanvi).
10. That if either of the Party backs out from any of the above mentioned commitments, he/ she would be liable for the contempt of court for tendering a false commitment before the Hon'ble High Court of Punjab & Haryana at Chandigarh.
11. That this settlement deed shall be placed on record in the Hon'ble Punjab High Court at Chandigarh in the First appeal against order filed by the First Party against the order of the learned trial court at Faridabad vide which a decree of divorce was granted to the Second Party.
Both the parties have read and understood the contents of the above mentioned Memorandum of settlement and have agreed to abide by its conditions."
In view of the settlement arrived at, this appeal is disposed of in terms of Memorandum of Settlement Ex.A1. Parties shall remain bound by the above said terms. It is made clear that in case cheques are not honoured, the appellant will have the liberty to avail any other legal remedy in addition to revival of this appeal.
( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge January27 , 2011.
DKC