The court prioritized voluntary settlement and highlighted the consequences of breaching settlement terms, including contempt of court.

JUDGMENT (Oral)

CM APPL. 31460/2023 (Condonation of delay) in MAT.APP.(F.C.) 177/2023

1. Vide the present application, the applicant/appellant seeks condonation of 75 days' delay in filing the present appeal.

2. For the reasons and grounds stated in the present application, the application is allowed, the delay of 75 days in filing the present appeal is condoned.

3. Accordingly, the present application is disposed of.

MAT.APP.(F.C.) 177/2023 & MAT.APP.(F.C.) 97/2023

4. Vide the present appeals, the appellant seeks following prayers:

MAT.APP.(F.C.) 177/2023

"(i) to set aside the impugned order dated 07.12.2022 passed by Mr. Naresh Kumar Malhotra, Ld. Judge Family Courts, East, Karkardooma Courts, Delhi in CT No. 02/2018 in case titled as "Sandip Sen Versus Bobby Sen" by initiating contempt proceedings against the Respondent and in favor of the Appellant in the interest of justice.

(ii) To call the record of case-titled as "Sandip Sen Versus Bobby Sen" in CT No. 02/2018 decided by Mr. Naresh Kumar Malhotra, Ld. Judge Family Courts, East, Karkardooma Courts, Delhi (Disposed of on 07.12.2022).

(iii) To call the record of First Motion case-titled as "Sandip Sen and Bobby Sen" in HMA No. 1164/2013 allowed by Mr. Anurag Sain, Ld. ADJ, East, Karkardooma Courts, Delhi (Disposed of on 31.01.2014)"

MAT.APP.(F.C.) 97/2023

"(i) To set aside the impugned judgement and decree dated 07.12.2022 passed by Mr. Naresh Kumar Malhotra, Ld. Judge Family Courts, East, Karkardooma Courts, Delhi in HMA No. 117/2012 (old) and HMA No. 312 of 2019 (new) in case titled as "Sandip Sen Versus Bobby Sen" by passing a decree of dissolution of marriage under section 13 (1) (ia) of The Hindu Marriage Act, 1955 in favor of the Appellant in the interest of justice.

(ii) To call the record of case-titled as "Sandip Sen Versus Bobby Sen" in HMA No. 117/2012 (old) and HMA No. 312 of 2019 (new) decided by Mr. Naresh Kumar Malhotra, Ld. Judge Family Courts, East, Karkardooma Courts, Delhi (Disposed of on 07.12.2022).

(iii) To call the record of First Motion case-titled as "Sandip Sen and Bobby Sen" in HMA No. 117/2012 allowed by Mr. Anurag Sain, Ld. ADJ, East, Karkardooma Courts, Delhi (Disposed of on 31.01.2014)"

5. On the last date of hearing i.e., 10.08.2023, the parties sought adjournment to settle all the issues inter se them. Today with intention and assistance of the Court, the parties have agreed voluntarily and without any coercion to the following terms of settlement:

(i) That the appellant/husband shall pay an amount of Rs.30,00,000/- (Rupees Thirty Lakhs/-) to the respondent/wife and their daughter.

(ii) That out of aforesaid Rs.30,00,000/- (Rupees Thirty Lakhs/-), the appellant/husband shall pay an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs/-) to the respondent/wife. Rs.15,00,000/- (Rupees Fifteen Lakhs/-) shall be given to their daughter, Aayana Sen, which shall be kept in an FDR with maturity on attaining the majority by the minor. However, the mother shall be entitled to withdraw the interest quarterly to meet the day-to-day expenses of the child.

(iii) That the appellant shall, in addition, continue to pay an amount of Rs.10,000/- (Rupees Ten Thousand/-) per month to the daughter towards her education and other expenses till she starts earning or gets married, whichever is earlier.

(iv) That the parties shall file a petition under Section 13(b) of the Hindu Marriage Act, 1955 before the learned Family Court seeking divorce by mutual consent. That the parties shall file the first motion within ten days from today.

(v) That after completion of first motion, the parties shall move the second motion along with an appropriate application before the learned Family Court seeking waiver of the statutory period for second motion.

(vi) That the appellant shall pay an amount of Rs.30,00,000/- (Rupees Thirty Lakhs/-) in the aforesaid bifurcated manner on completion of second motion.

(vii) That on completion of second motion, the respondent/wife shall receive a payment of