Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4407

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Namita Jain – Appellant
Versus
Saurabh Jain – Respondent
MAT.APP.(F.C.) 39 of 2023
Decided On : 11-05-2023

Advocates appeared:
Mr. M.P. Sahay with Mr.Eccha Shukla, Ms. Awantika, Mr. Sachin Kharb and Mr. Nikhil Kharbanda, Advocates with appellant in person.
Mr. Adab Singh Kapoor with Ms.Shefali Menezes, Advocate with Respondent in person.

The binding nature of settlement agreements and the requirement to maintain strict confidentiality about court proceedings and orders.

Headnote:
Settlement Agreement - Divorce Decree - The court allowed the appellant to withdraw the appeal based on the settlement agreement between the parties, which included the payment of a sum of Rs.1 crore, return of jewellery items, quashing of FIR, and custody of minor children. The parties were bound by their agreement and undertaking, and strict confidentiality was to be maintained about the proceedings and orders of the court.
Fact of the Case:

The appellant challenged the decree of divorce granted to the respondent. The parties settled their disputes through a Settlement Agreement, which included financial settlement, return of jewellery items, quashing of FIR, and custody of minor children.
Finding of the Court:

The court allowed the appellant to withdraw the appeal based on the settlement agreement between the parties. The appeal was dismissed as withdrawn, and the parties were bound by their agreement and undertaking. The court directed strict confidentiality to be maintained about the proceedings and orders of the court.
Issues: Impugning a decree of divorce, settlement agreement, withdrawal of appeal, confidentiality of proceedings and orders.
Ratio Decidendi: The court's decision was influenced by the settlement agreement between the parties, which resolved the disputes and led to the withdrawal of the appeal. The court emphasized the binding nature of the parties' agreement and the requirement to maintain strict confidentiality about the proceedings and orders.
Final Decision: The appeal was dismissed as withdrawn, and the parties were bound by their settlement agreement. The court directed strict confidentiality to be maintained about the proceedings and orders of the court.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

CM APPL. 6376/2023 (exemption)

Exemption allowed subject to all just exceptions.

MAT.APP.(F.C.) 39/2023 & CM APPL. 6375/2023(stay), CM APPL. 6377/2023 (for condonation of delay), CM APPL. 6378/2023 (for condonation of delay in re-filing)

1. Appellant impugns order dated 06.07.2022, whereby, a decree of divorce has been granted on the petition filed by the respondent.

2. Parties were earlier referred to the Delhi High Court Mediation & Conciliation Centre. However, the matter could not be finally resolved. Thereafter with the intervention of the Court as well as the intervention of the respective counsel, parties have been able to settle their disputes and Settlement Agreement dated 11.05.2023 has been executed. A duly attested copy of the Settlement Agreement dated 11.05.2023 has been produced in Court. The same is taken on record.

3. Parties are present in person and also represented by counsel.

4. Respondent has undertaken to pay a sum of Rs.1 crore to the appellant in full and final settlement of all her claims towards past, present, future and permanent alimony. The jewellery items that are in the possession of the respondent and which have to be returned to the appellant were identified and entered in a list marked as Annexure - A before the Delhi High Court Mediation & Conciliation Centre.

5. Appellant has undertaken to cooperate in the quashing of FIR No.358/2016, Police Station Malviya Nagar. It is agreed that the petition seeking quashing shall be filed within a period of 15 days from today and on the appellant appearing before the Court and giving no objection to the quashing of the FIR, the amount of Rs.1 crore as well as the jewellery items shall be handed over to the appellant in Court. Both the parties have undertaken to withdraw their respective complaints/proceedings initiated by them against each other.

6. It has further been agreed that the respondent shall be the lawful guardian of the two minor children and the appellant and her family shall not claim any custody or visitation right qua the said children.

7. Parties undertake that they shall duly perform their respective obligations stipulated in the Settlement Agreement dated 11.05.2023.

8. It has also been agreed between the parties that the parties shall maintain strict confidentiality about the proceedings as well as the orders of the Court inter alia the impugned order granting decree of divorce. It has been undertaken by the parties that neither of them shall make any disclosure of any of the proceedings or allegations against each other to the public.

9. The undertaking of the parties is accepted.

10. In view of the settlement and undertaking of the respondent, the appellant seeks leave to withdraw the appeal.

11. Appeal is dismissed as withdrawn. However, parties are bound down to their agreement and undertaking.

12. Registry is directed to redact the names of the parties from the cause list and henceforth show the same as "A vs. B". Registry shall also keep the records of this case as well as the records of the Family Court in a sealed cover and shall not provide copies of the same to any third party except with the leave of this Court. Similar direction is also issued to the Family Court to keep the records of the case in a sealed cover and not to provide copy of the same to any third party except with the leave of this Court. Strict confidentiality shall be maintained in respect of the records of the case.

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