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Page No.544 (Part Of Annex. A) On Record) ... vs Nishant Aggarwal on 6 April, 2022

Author: Mukta Gupta

Bench: Mukta Gupta, Neena Bansal Krishna

                          $~18
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      MAT.APP.(F.C.) 61/2021
                                 CM APPL. 39777/2021 (to allow appellant to place typed copy of
                                 page No.544 (part of annex. A) on record)

                                 MEGHA AGGARWAL                                   ..... Appellant
                                         Represented by:        Mr. Rajshekhar Rao, Senior Advocate
                                                                with Mr. Prasouk Jain, Ms. Kshirja
                                                                Agarwal, Ms. Mehrunissa Anand
                                                                Jaitley, Advocates with Appellant in
                                                                person.
                                                   Versus
                                 NISHANT AGGARWAL                                 ..... Respondent
                                          Represented by:       Ms. Manisha Sharma, Advocate with
                                                                Mr. Praveen Sharma, Advocates with
                                                                Respondent in person.
                                 CORAM:
                                 HON'BLE MS. JUSTICE MUKTA GUPTA
                                 HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                   ORDER

% 06.04.2022

1. We had interaction with the parties yesterday in Chamber.

2. Today the parties are present in Court along with their counsels. The appellant and the respondent have arrived at a consensus and both are agreeable to take divorce by mutual consent. The parties have agreed that the respondent Nishant Aggarwal will pay lump sum alimony of ₹55,00,000/- to the appellant in lieu of all her claims towards maintenance, stridhan, alimony, etc. He will also give back five items of her stridhan which were admitted in the reply filed by the respondent to the application of the appellant under Section 27 of the Hindu Marriage Act, that is, one Tanishq Signature Not Verified Digitally Signed By:VANDANA MAT.APP.(F.C.) 61/2021 Page 1 of 3 Signing Date:11.04.2022 11:24:39 diamond necklace with earring, five chain white pearl and gold necklace, five gold coins, silver plates and seven silver bowls and one gold bangle, as admitted in Para 5 (a), (c), (d), (e) and (h) of the reply filed by the respondent.

3. Parties agree that Nishant Aggarwal will pay a sum of ₹25,00,000/- along with these items of stridhan as mentioned above at the time when the statement for First Motion for divorce by mutual consent is recorded before the learned Family Court, which proceedings will be filed within this month of April, 2022 and the balance amount of ₹30,00,000/- will be paid at the time of recording of the statement for Second Motion for divorce by mutual consent. Parties will seek waiver of the period of six months and every effort will be made to file the same within three months of the recording of the statement for First Motion for divorce by mutual consent.

4. Before the petition for recording of statements for Second Motion for divorce by mutual consent will be filed and the balance payment of ₹30,00,000/- will be paid to the appellant, the appellant will ensure that all proceedings filed by her before various Authorities, including the police and the Court are duly withdrawn. The withdrawal of all the proceedings against the respondent will be a condition prior for recording of the statement for Second Motion. Further, divorce petition filed by the appellant will be withdrawn when the statements of Second Motion for divorce by mutual consent is recorded.

5. Further, neither the appellant nor the respondent will file any proceedings against each other or any of their family members in relations to any dispute arising due to the matrimonial relationship between the parties or otherwise.

6. In terms of the settlement arrived at between the parties as expressed by the parties before this Court, who are present in Court and are duly identified by the learned counsels, the appeal is disposed of.

7. In case the payment of ₹25,00,000/- and the jewellery as mentioned above is made, the respondent will not be required to pay monthly maintenance to the appellant, including for the month of April, 2022, which is under challenge before this Court.

8. Pending application is also disposed of.

9. The parties have signed this order sheet in acknowledgment of the statements made above.

10. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

NEENA BANSAL KRISHNA, J.

APRIL 06, 2022 vk Signature Not Verified Digitally Signed By:VANDANA MAT.APP.(F.C.) 61/2021 Page 3 of 3 Signing Date:11.04.2022 11:24:39