Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4995

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Rajeev Sharma – Appellant
Versus
Deepti Sharma – Respondent
MAT.APP.(F.C.) 49 of 2023 & CM APPLS. 7674-76 of 2023
Decided On : 30-05-2023

Advocates appeared:
In person, for the Appellant.
Mr. Sagar Saxena, Mr. Parmeet Singh and Mr. Sarthak Pandey, Advocates, for the Respondent with Respondent in person.

The central legal point established is the settlement of disputes and agreement to dissolve the marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955.

Headnote:
Divorce Settlement - Family Law - Hindu Marriage Act, 1955 - Section 13-B
Fact of the Case:

The appellant challenges the Family Court's order granting divorce and the dismissal of his application under Order IX Rule 13. The parties have settled their disputes and agreed to dissolve their marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955.
Finding of the Court:

The court sets aside the impugned orders and restores the divorce petition to its original number. The parties are directed to file a joint petition for divorce under Section 13-B(1) within one week. The court appoints a Court Commissioner to supervise the transfer of assets and inventory the articles in the lockers.
Issues: Dispute over divorce and asset distribution, application under Order IX Rule 13, settlement terms, waiver of statutory period under Section 13-B(2)
Ratio Decidendi: The court emphasizes the settlement reached by the parties and the application of Section 13-B for divorce by mutual consent. It also addresses the transfer of assets and the appointment of a Court Commissioner for inventorying the articles.
Final Decision: The appeal is disposed of in accordance with the settlement terms, with the court setting aside the impugned orders and directing the parties to file a joint petition for divorce under Section 13-B(1) within one week. The Court Commissioner is appointed to supervise the transfer of assets and inventory the articles in the lockers.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

1. Appellant impugns order dated 06.04.2022, whereby the Family Court has allowed the petition filed by the respondent seeking divorce and by ex-parte decree dissolved the marriage between the parties by decree of divorce and order dated 29.10.2022 whereby his application under Order IX Rule 13 was dismissed.

2. After a lot of interaction, the parties have settled their disputes and agreed to the following terms:

(i) Parties have undertaken to dissolve their marriage by way of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. Parties further undertake that they shall approach the Family Court by way of a joint petition within a period of one week from today.

(ii) Appellant undertakes that the respondent/wife shall have the absolute custody of the son, Aryan Sharma (Date of Birth- 14.10.2011) and she shall be deemed to be the lawful guardian of the son. Daughter of the parties, Ms. Arushee is already a major.

(iii) It is undertaken that the appellant shall transfer his share in the following properties; (a) Apartment at 402, Tower-8, The Close North, Gurgaon-122018; (b) Shop at Ghaziabad bearing number FF-21, Crossings Galleria, Ghaziabad and; (c) Plot at Suncity, Ghaziabad, which are in the joint names of the parties, in favour of the respondent. Appellant undertakes that he shall surrender his rights in the said property in favour of the respondent and execute all documentation required for the same at the cost of the respondent. This exercise, he undertakes, shall be completed within a period of one month.

(iv) Parties had jointly booked apartment No.2202 at Apex Tower, NOIDA at Supertech. It is undertaken by the appellant that the booking shall be transferred in favour of the respondent and appellant shall execute necessary documentation required for the said purpose in favour of the respondent and thereafter, it shall be the sole entitlement of the respondent to settle with the builder and the concerned bank for refund of the amount paid by her for the same.

(v) Appellant claims that he had contributed towards purchase of 300 square yard plot at Yamuna Expressway (Allotment No. YEA013891) in the name of the respondent. It is disputed by the respondent. Appellant, however, undertakes that he shall not claim any right, title or interest in the said plot and the same shall belong solely and absolutely to the respondent.

(vi) Appellant contends that he had purchased certain Kisan Vikas Patra, Indira Vikas Patra, post office schemes, Public Provident Fund, fixed deposits, insurance policies etc. in the name of the respondent by contributing from his salary. This is once again disputed by the respondent. Appellant, however, undertakes that all Kisan Vikas Patras, Indira Vikas Patras, post office schemes, Public Provident Fund, fixed deposits, insurance policies etc. that are standing in the name of the respondent shall belong solely and exclusively to her and he shall not claim any right, title or interest in the same.

(vii) Appellant further undertakes that the Ciaz car bearing registration number HR 26 DM 7640 purchased by the appellant shall be transferred in the name of the respondent.

(viii) It is agreed that the Naval uniform, medals, photographs, albums etc. which are in the house of the respondent, shall be handed over by the respondent to the appellant within one week from today. It is also agreed that the LPG connection which is installed in the Gurugram property shall be got transferred in favour of the appellant. Respondent undertakes to sign all requisite documents for transfer of the said connection in favour of the appellant.

(ix) Respondent undertakes that she shall surrender her right in the apartment at Greater Noida, which is in the joint name of the parties, in favour of the appellant and the same shall belong exclusively to the appellant, husband. Respondent undertakes that she shall pay a sum of Rs.6.25 lakhs to the appellant towards the balance payme