Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 630

IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, VIKAS MAHAJAN, JJ.
Shreyas Tiwari - Appellant
Versus
Saumya Trivedi - Respondent
MAT. App. (F.C.) No.32 Of 2021, CM Appl. No.8254-55 Of 2021
Decided On : 19-04-2023

Advocates Appeared:
For the Appellant : Mr. Mukesh Gupta, Adv. along with appellant in person.
For the Respondent:Mr. Mukul Mehra and Mr. Gaurav Deshraj, Advs. along with respondent in person.

The central legal point established in the judgment is the significance of a mutual settlement agreement in resolving disputes and providing for dissolution of marriage by mutual consent, as well as the court's consideration of the parties' cooperation in quashing the FIR and the separation period in granting waiver of the statutory period for dissolution.

Headnote:
Maintenance - Settlement Agreement - Dissolution of Marriage - Quashing of FIR - [SETTLEMENT AGREEMENT]
Fact of the Case:

The appellant-husband challenged the order granting ad-interim maintenance to the respondent-wife under Section 24 of the Hindu Marriage Act, 1955. However, the parties had mutually settled their disputes and executed a Memorandum of Understanding, agreeing to dissolve their marriage by mutual consent and settle all claims, including the payment of a sum of Rs. 12 lakhs in three installments.
Finding of the Court:

The court disposed of the appeal in terms of the settlement agreement, directing the parties to file appropriate proceedings for dissolution of marriage by mutual consent. It also directed the family court to consider granting waiver of the statutory period for dissolution, taking into account the separation of the parties since May 2018.
Issues: Ad-interim maintenance under Section 24 of the Hindu Marriage Act, 1955, settlement agreement, dissolution of marriage by mutual consent, quashing of FIR, waiver of statutory period for dissolution.
Ratio Decidendi: The court's decision was influenced by the mutual settlement agreement between the parties, which resolved all claims and provided for the dissolution of marriage by mutual consent. The court also considered the cooperation of the parties in quashing the FIR and the separation period of the parties in granting waiver of the statutory period for dissolution.
Final Decision: The appeal was disposed of in terms of the settlement agreement, and the parties were directed to initiate proceedings for dissolution of marriage by mutual consent. The family court was instructed to consider granting waiver of the statutory period for dissolution based on the circumstances of the case.

JUDGMENT :

(Sanjeev Sachdeva, J.) :—

1. Appellant-husband impugns order dated 28.01.2020 whereby the application filed by the respondent (petitioner before the family court) under Section 24 of the Hindu Marriage Act, 1955 has been allowed and ad-interim maintenance fixed.

2. Parties have mutually settled their disputes and a Memorandum of Understanding dated 19.04.2023 has been executed.

3. Parties are present in person. They confirm the settlement agreement and undertake to abide by the terms and conditions of the settlement agreement.

4. As per the settlement agreement, the appellant-husband shall pay a sum of Rs. 12 lakhs to the respondent-wife in full and final settlement of all her claims towards the past, present, future and permanent alimony including Stridhan, etc. There is no child from the wedlock. Parties have also agreed to dissolve their marriage by mutual consent.

5. The settlement amount of Rs. 12 lakhs is to be paid in three instalments. The first instalment of Rs. 5 lakhs shall be paid at the time of recording of statement under Section 13-B(1) of the Hindu Marriage Act, 1955 (First Motion) and another sum of Rs. 5 lakhs shall be paid at the time of recording of statement under Section 13-B(2) of the Hindu Marriage Act, 1955 (Second Motion). The balance sum of Rs. 2 lakhs is to be paid at the time of quashing of the FIR under Section 482 Cr. P.C. filed by the respondent against the appellant.

6. It is also agreed that the mother of the respondent who has filed a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 shall also be withdrawn. The mother of the respondent is present in person and is also a signatory to the MoU. She confirms that in view of the settlement she shall withdraw her case.

7. Parties have also filed a joint application for taking on record the settlement agreement.

8. The application is handed over in Court. The same be registered and numbered by the Registry. The application along with MoU which is being filed in original is taken on record.

9. Appellant who is present in person undertakes that he shall pay the amounts as agreed as per the schedule. The respondent and her mother who are present in Court undertake that they shall fully cooperate with the quashing of the subject FIR against the appellant as well as the parents of the appellant. The undertakings are accepted.

10. In view of the above, the appeal is disposed of in terms of the settlement and parties shall file appropriate proceedings for dissolution of marriage by mutual consent. It is also directed that in case an application is filed for waiver of statutory period as prescribed under Section 13-B (2) of the Hindu Marriage Act, 1955, the family court shall take into account the fact that the parties have been separated since May, 2018 and the subject petition was filed in June, 2018 and favourably consider granting of waiver.

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