The court can set aside previous orders and allow amendments to petitions based on settlement agreements and mutual consent of the parties.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

1. Parties are present in person along with their respective counsels. The parties have settled their disputes and a settlement agreement dated 06.03.2023 has been executed. The original settlement agreement is produced in Court. The same is taken on record.

2. Both the parties undertake and assure that they have duly signed the settlement agreement and undertake to abide by the respective obligations in the settlement agreement.

3. In terms of the settlement, a total sum of Rs. 15 lakhs by way three pay orders bearing Nos. 385520 dated 02.03.2023, 385521 dated 02.03.2023 & 385502 dated 21.02.2023 for a sum of Rs. 3,00,000/-, Rs. 6,00,000/- & Rs. 6,00,000/-, respectively is to be paid to the respondent in full and final settlement of all her past, present and future claims towards dowry, stridhan, gifts, maintenance, permanent alimony, etc. The pay orders, in original, have been produced. The photocopy of the same are annexed with the application. The settlement agreement is taken on record.

4. The respective undertakings of the parties are accepted. Parties are bound down to the statements given to the Court.

5. In view of the settlement agreement, the impugned order dated 08.04.2021 whereby the petition filed for divorce under Section 13(1) (ia) and Section 13(1) (ib) of the Hindu Marriage Act, 1955 was dismissed, is set aside. The petition is restored to its original number on the record of the Family Court.

6. Parties pray that leave be granted to amend the petition into a petition for divorce by mutual consent.

7. In view of the above settlement, the oral prayer of the parties is allowed, the petition filed under Section 13 (1) of the Act by the respondent/husband is allowed to be amended and the petition filed by the respondent/husband under Section 13 (1) of the Act being HMA No. 107/2021, titled Vijay Bhardwaj Vs. Smt. Alka Sharma, is converted into a petition under Section 13B (1) of the Act on the records of the Family Court.

8. The amended petition duly signed and supported by respective affidavit of parties is directed to be filed before the Family Court on 14.03.2023.

9. Parties shall be personally present before the Family Court on 14.03.2023 for recording of their respective statements under Section 13B (1) of the Act.

10. On an application being filed, seeking waiver of the statutory period of six months, the Family Court shall take into account the fact that the parties have separated in 2016 and have been litigating since September, 2016 and grant waiver of the statutory period of six month as prescribed under Section 13 (B) (2).

11. Respondent/wife undertakes that she shall cooperate in quashing of FIR No. 197/2017 under Sections 498A/406/34 IPC, Police Station Dabri, South-West District, Delhi.

12. The undertakings are accepted.

13. Appeal is disposed of in the above terms.

14. Order dasti under signature of the Court Master.