Settlement agreements in family law are binding and enforceable, and parties must comply with their terms as recognized by the court.

Headnote:(A) Hindu Marriage Act, 1955 - Section 13-B(1) - Dissolution of Marriage by mutual consent - Allegation of willful disobedience of court order regarding settlement terms - The court emphasized the binding nature of the settlement agreement executed between the parties, which included provisions for alimony and obligations regarding company directorship. (Paras 4-8)

(B) Settlement Agreement - The court highlighted the importance of adhering to the terms of the settlement, including financial obligations and responsibilities concerning corporate entities. (Paras 5-6)

(C) Compliance with Court Orders - The court noted the necessity for parties to comply with court orders and the implications of non-compliance. (Paras 7-8)

Facts of the case:
The petitioners allege that the respondent has failed to comply with the terms of a settlement agreement regarding alimony and corporate responsibilities, as recorded in a prior court judgment.

Findings of Court:
The court recognized the binding nature of the settlement agreement and the necessity for compliance with its terms.

Issues: The main issues addressed were the alleged willful disobedience of the settlement terms and the respondent's obligations regarding corporate directorship.

Ratio Decidendi: The court ruled that the settlement agreement is binding and must be adhered to by both parties, emphasizing the legal implications of non-compliance.

Result: Notice issued to the respondent.

ORDER

% 03.04.2024 CM APPL. 19555/2024 (for exemption)

1. Exemption allowed, subject to just exceptions.

2. Application is disposed of.

CONT.CAS(C) 542/2024

3. The present petition has been filed alleging willful disobedience of the order/undertaking of the Principal Judge, Family Court, North District, Rohini dated 14th October, 2023 in HMA No. 2036/2023.

4. Learned Senior Counsel appearing for the petitioner has drawn the attention of this Court to the judgment dated 14th October, 2023 passed in HMA No. 2036/2023 i.e., First Motion between the parties, wherein the respondent has categorically stated with respect to the settlement between the parties. Thus, the relevant Paras of the judgment dated 14th October, 2023 pertaining to judgment under Section 13-B (1) of the Hindu Marriage Act, 1955 , i.e., First Motion petition for Dissolution of Marriage by mutual consent between the parties, reads as under:-

“xxx xxx xxx 10. A settlement dated 27.01.2023 was also executed between the petitioner no. 1 and petitioner no. 2 before Delhi Govt. Mediation & Conciliation Centre, Delhi Dispute Resolution Society (Regd), Vikas Bhawan, ITO New Delhi. The settlement report is Ex.P-10. (OSR). The settlement has been arrived at our own free will and volition.

11. An addendum agreement dated 11.10.2023 was also executed in pursuance to the settlement dated 27.01.2023 between the petitioner no. 1 and petitioner no. 2. The addendum agreement dated 11.10.2023 is Ex.P- 11. (OSR). The settlement has been arrived at our own free will and volition.

12. It is stated that petitioner number 2 shall pay a total sum of Rupees Twenty Five Lacs only (Rs. 25,00,000/-) towards all the rights and claims qua permanent alimony and maintenance (past, present and future) to petitioner number 1. Out of the settled amount, a sum of Rupees Ten Lacs (Rs.10,00,000/-) has been paid today to petitioner no. l by petitioner no.2 vide DD no.500195 dated 18.07.2023 drawn on ICICI Bank. Delhi. Copy of the draft is Ex.P-12, (OSR). The DD has been accepted by petitioner number 1 subject to its encashment.

xxx xxx xxx 14. The petitioners have filed their respective affidavits (Ex.P-4 and Ex.P- 5 respectively) in support of the petition. They have also filed their affidavits (Ex.P-4A & Ex.P-5A respectively) in pursuance to the judgment in the case of Rajat Gupta v. Rupali Gupta , 2018 SCC Online Del 9005 . They have affirmed the terms of their settlement. They have stated to abide by the terms of their settlement and to proceed with the settlement as permissible under law.

xxx xxx xxx”

5. Attention of this Court has also been drawn to the Settlement between the parties, wherein Clause 6 of the said Settlement reads as under:-

“xxx xxx xxx 6. It is also agreed between the parties that the complainant wife Ms. Supriya Gulati shall have no concern/rights and obligation in the above said three entities i.e. COMMSCREDIBLE Pvt. Ltd., EDUCREDIBLE Pvt. Ltd. and SPORTING MAVEN and opposite party shall the responsible in respect of the working of the same.

xxx xxx xxx”

6. Learned Senior Counsel has also drawn the attention of this Court to the Addendum Agreement dated 11th October, 2023 between the parties, Clause 7 of which reads as under:-

“xxx xxx xxx

7. The parties further agree that in the event Second Party defaults or commits any delays in submitting the second motion petition, resulting in its postponement beyond 31 March 2024, First party shall become entitled to receive Director’s sitting fees and profits for the Fiscal Year 2023-24.

This entitlement shall apply to First Party's status as a Non-Executive Director and Shareholder in the following companies:

COMMSCREDIBLE Pvt.

Ltd.,

EDUCREDIBLE Pvt.

Ltd.,

and.

SPORTING MAVEN. The compensation to be received by First Party in such a scenario shall be the greater of INR 1 Lakh per month of the FY 2023-24 or the profit share. Second Party shall be responsible for settling this profit amount with F

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2024 Supreme(Online)(DEL) 14095

HIGH COURT OF DELHIMini Pushkarna, JAMAN DHALL – AppellantVersusSUPRIYA GULATI – RespondentCONT.CAS(C) 542/2024

Settlement agreements in family law are binding and enforceable, and parties must comply with their terms as recognized by the court.

HIGH COURT OF DELHI
Mini Pushkarna, J
AMAN DHALL – Appellant
Versus
SUPRIYA GULATI – Respondent
CONT.CAS(C) 542/2024