IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
AB – Appellant
Versus
CD – Respondent
MAT.APP.(F.C.) 119 of 2014 & CM APPL.16690 of 2014, CM APPL.18431 of 2016, CM APPL.13481 of 2020, CM APPL.25173 of 2020 & MAT.APP.(F.C.) 127 of 2014 & CM APPL.17673 of 2014, CM APPL.21827/2015
Decided On : 16-05-2023
Confidentiality - Settlement Agreement - Disbursement of Deposited Amount
Fact of the Case:
The parties have settled their disputes, including the admission of a Decree of Divorce, confidentiality about the proceedings, and disbursement of the deposited amount.
Finding of the Court:
The court accepted the settlement and the undertaking of the parties, allowing them to withdraw their respective appeals. The appeals were dismissed as withdrawn, and the parties were bound by the agreement and undertaking.
Issues: Settlement of disputes, withdrawal of appeals, disbursement of deposited amount, and maintenance of strict confidentiality.
Ratio Decidendi: The court's decision was influenced by the settlement and undertaking of the parties, leading to the dismissal of the appeals and the disbursement of the deposited amount to the wife and children.
Final Decision: The appeals were dismissed as withdrawn, and the entire amount deposited by the appellant was directed to be disbursed to the wife and three children, with strict confidentiality maintained about the proceedings.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. We have interacted with the parties. Parties are present in person. They submit that they have settled their disputes in the following terms:
(i) Both the parties admit, acknowledge and confirm the Decree of Divorce dated 07.06.2014.
(ii) Both the parties undertake that they shall maintain strict confidentiality about the proceedings as well as the judgment and decree dated 07.06.2014 and shall not disclose to the public about the same.
(iii) the amount deposited by the appellant/husband with the Registrar General of this Court pursuant to the subject decree along with the interest accrued thereon be released in favour of the wife and the children respectively.
(iv) the respondent/wife submits that she has already filed an appeal against the rejection of the application seeking revival of the proceedings initiated by her under Section 125 Cr.P.C., which were filed before the Family Court at Saket and she undertakes not to pursue the same and withdraw the same.
2. The undertaking of the parties is accepted.
3. In view of the settlement and undertaking of the parties, both the parties seek leave to withdraw their respective appeals.
4. The appeals are dismissed as withdrawn. However, parties are bound down to the agreement and undertaking.
5. The entire amount deposited by the appellant with the Registrar General of this Court be disbursed to the wife and the three children respectively in the proportion of Rs.10 lakhs for the wife and Rs.5 lakhs each for the three children along with the interest accrued on the respective amounts.
6. Parties shall maintain strict confidentiality about the proceedings and shall not furnish any information about the same to any third party.
7. Registry is also directed to redact the names of the parties from the record and henceforth show the same as "AB vs. CD". Registry is also directed not to provide certified copies of the records or the orders to any third party without the leave of this Court. Similar direction is also issued to the concerned Family Court not to provide copies of the same to any third party without the leave of this Court.
The binding nature of settlement agreements and the requirement to maintain strict confidentiality about court proceedings and orders.
The court can set aside previous orders and allow amendments to petitions based on settlement agreements and mutual consent of the parties.
The legal principle established is the acceptance of undertakings by parties to settle disputes and not file any future claims or petitions against each other.
Parties may resolve disputes through mutual consent and valid Settlement Agreements to expedite divorce proceedings under the Hindu Marriage Act.
Willingness of parties to grant divorce without financial claims under Section 13B of the Hindu Marriage Act, 1955.
The court recognized the validity and influence of a settlement agreement in setting aside a decree of divorce and converting a petition into a mutual consent divorce petition under the Hindu Marriag....
The court has the discretion to allow parties to settle their disputes and convert a petition under the Hindu Marriage Act into a petition for grant of divorce by mutual consent, considering the waiv....
The main legal point established in the judgment is the enforceability of an oral Family Settlement, reduced in writing, under Order XXIII Rule 3 of the Code of Civil Procedure, 1908.
The central legal point established in the judgment is the court's discretion to allow the amendment of a petition for divorce based on a settlement agreement between the parties.
Settlement agreements under the Hindu Marriage Act are lawful and binding on the parties.
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