JUDGMENT

Lisa Gill, J.

CM-8550-CII-2022

Prayer in this application is for making necessary correction in the Settlement Agreement dated 31.05.2022 (Annexure A-1/3). It is submitted that name of the minor child is incorrectly mentioned as Krish Bhatia @ Thavan whereas the name is Krish Bhatia only.

Notice of the application.

2. Mr. Tanmoy Gupta, Advocate, accepts notice on behalf of the non-applicant/respondent and does not raise objection if the application is allowed.

3. For the reasons mentioned in the application, duly supported by an affidavit of the applicant, same is allowed. Registry is directed to make necessary correction in the Settlement Agreement dated 31.05.2022.

Application is disposed of accordingly.

FAO No. 1016 of 2016

4. This appeal had been filed by the appellant being aggrieved of judgment dated 05.01.2016, passed by learned District Judge, Family Court, Gurugram, whereby petition under Section 13(1) (ia) of HINDU MARRIAGE ACT , 1955 (hereinafter referred to as 'the Act'), filed by the appellant-husband had been dismissed.

5. During pendency of this appeal, the matter has been amicably resolved between the parties before the Mediation and Conciliation Centre of this Court. Settlement/Agreement dated 31.05.2022 is attached with the file. Same is taken on record as Mark A. The terms and conditions are duly mentioned in para 5(a) to (g) of the Agreement. Application dated 05.08.2022 was filed for conversion of the appeal to a petition under Section 13-B of the Act. Same is allowed subject to just exceptions.

6. Statements of the parties who seek divorce by mutual consent, were recorded at first motion on 31.05.2022/31.08.2022. The terms and conditions reduced into writing on 31.05.2022, read as under:-

"a) The parties have mutually agreed to put an end to litigation present and future. It is mutually agreed between the parties that they will seek decree of divorce by way of mutual consent by getting the present FAO converted into petition under Section 13-B of Hindu Marriage Act. The parties will get their first motion statement recorded today before this Hon'ble Court.

b) The second party has agreed that he will pay a sum of Rs.15,00,000/- (Fifteen Lacs Only) in the name of his minor son namely, Krish Bhatia in the shape of FDR or in post office wherever the rate of interest is more. It is agreed that it will be under the guardianship of first party - mother in whose care and custody the minor child is since his birth. The said FDR or post office investment shall be till minor son turns major in after attaining majority he can withdraw the amount so accrued at that time. It is further agreed between the parties that mother - Gunjan will not break the FDR or post office deposit before her son attains majority, however, she is entitled to annual interest accrued on the principle amount which can be used for education purposes or other needs of minor son Krish Bhatia. After the said payment nothing is due to be paid to the first party or her son in future as by the said payment all her and her son's claim are settled (past, present and future). The first party and her son shall not claim any right or interest in the movable or immovable property of the second party - husband - Gaurav.

c) That the said FDR or post office deposit shall be handed over to Gunjan first party on the second motion statement to be recorded before this Hon'ble Court preferably in the month of July. 2022.

d) The parties are free to move on with their lives independently and have further agreed not to interfere in the lives of each other.

e) As per the information given by the parties there is no pending litigation between the parties, however, to avoid any issue in future, it is agree that if by chance there is any pending litigation between the parties filed by either of them, the same shall be withdrawn on or before 31st July, 2022. It is further agreed that both the parties along with their family members will not file any fresh litigation ar