Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 582

IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, VIKAS MAHAJAN, JJ.
Rahul Sharma – Appellant
Versus
Anisha Sharma - Respondent
MAT. APP.(F.C) 207 of 2022, CM APPL. 54716 of 2022, CM APPL. 54717 of 2022, CM APPL. 54719 of 2022, CM APPL. 54718 of 2022, CM APPL. 54720 of 2022 & CM APPL. 19562 of 2023
Decided on : 20-04-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Achin Goel, Adv. with appellant in person
For the Respondent:Respondent in person (through VC)

Settlement agreements under the Hindu Marriage Act are lawful and binding on the parties.

Headnote:
Settlement Agreement - Hindu Marriage Act - The court found the settlement agreement between the parties to be lawful and accepted the undertaking given by the parties to abide by the terms of the settlement.
Fact of the Case:

Parties settled their disputes and executed a settlement agreement. Appellant sought to withdraw the appeal in view of the settlement.
Finding of the Court:

The court dismissed the appeal as withdrawn and allowed the application seeking release of the amount deposited by the appellant to the respondent.
Issues:
Ratio Decidendi: The court found the settlement agreement to be lawful and binding on the parties.
Final Decision: The appeal was dismissed as withdrawn, and the application seeking release of the deposited amount was allowed. Parties were bound by the terms of the settlement agreement.

JUDGMENT :

Sanjeev Sachdeva, J.

Appellant impugns order dated 07.07.2022. whereby the application filed by the respondent under Section 25 of The Hindu Marriage Act, 1955 has been allowed.

2. Parties were referred to mediation. Parties have settled their disputes.

3. Settlement agreement dated 12.04.2023. has been executed between the parties. The parties are present in person. The respondent is connected through VC.

4. It has been agreed between the parties that a sum of Rs. 10,00,000/- shall be paid by the appellant to the respondent towards her claim for past, present and future maintenance. An amount of Rs. 10,00,000/- has been deposited with the Registrar General of this Court pursuant to order dated 16.12.2022. It is agreed that said amount be released to the respondent on an application being made.

5. Respondent has filed the application being CM. No. 19562/2023 seeking release of the said amount.

6. It is further agreed that the appellant shall continue to pay a sum of Rs. 7,000/- per month for the child till August, 2023.

7. He shall further pay a sum of Rs. 15,00,000/- at the time of recording of the statement of the parties for quashing of FIR filed by the appellant.

8. It is further being agreed that parties shall withdraw the respective petitions filed by them against each other. The parties who are present undertake to abide by the terms and conditions of the settlement.

9. We have perused the terms of settlement and find the same to be lawful. We also accept the undertaking given by the parties to abide by the terms of the settlement.

10. Learned counsel for the appellant submits that in view of the settlement between the parties he seeks to withdraw the appeal.

11. In view of the above, the appeal is dismissed as withdrawn.

12. Parties are bound down to the statement and the respective obligation contained in settlement agreement dated 12.04.2023.

13. CM. No. 19562/2023 is also allowed. The Registry is directed to release the entire amount deposited by the appellant along with interest accrued thereon, if any, in favour of the respondent.

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