COCP No. 2062 of 2009 -1-

In the High Court of Punjab & Haryana at Chandigarh

COCP No. 2062 of 2009 (O&M)

Date of decision : 16.11.2010.

Sunil Devi @ Babli

... Petitioner

vs

Sunil Kumar

.... Respondent

Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Ramesh Goyat, Advocate, for the petitioner.

Mr. S. S. Walia, Advocate, for the respondent.

Rajesh Bindal J.

The present contempt petition is arising out of a matrimonial dispute.

The wife filed appeal before this court against the judgment and decree of the

learned court below dated 18.10.2005 granting divorce to the husband bearing

FAO No. 294-M of 2005. As is noticed in the order passed by this court on

14.7.2010, the parties entered into a compromise whereby a sum of ` 10,000,00/-

were settled as permanent alimony payable to the wife for her and for the

maintenance of the child born out of the wedlock till she attains the age of

majority.

Today the parties were present in person in court. Learned counsel

for the parties have produced the terms of the settlement arrived at between the

parties duly signed by them which is taken on record. Joint statement of the parties

has been recorded whereby they have agreed to abide by the aforesaid terms of the

settlement.

As noticed in the order passed on 14.7.2010, ` 5,00,000/- had been

paid by the husband to that wife on that day. Another sum of ` 5,00,000/- has been

paid by the husband to the wife by way of two demand draft nos. 217409 and

217410 dated 1.10.2010 drawn on ICICI Bank Limited, Jind, each amouting to `

2,50,000/-. It has been further agreed between both the parties that they will

withdraw all the cases filed by them against each other and family members which

are pending in various courts, the detail of which is as under:-

1.

FAO No. 294-M of 2005 Sunil Devi @ Babli vs Sunil

Kumar (This is an appeal filed by the wife against the

decree of divorce which is already admitted and pending.)

COCP No. 2062 of 2009 -2-

2.

CRM No. M-48887 of 2007 Sunil Devi @ Babli vs State of

Haryana and others (This is a petition filed by the wife

seeking quashing of the order passed by the learned

Magistrate discharging the husband in proceedings under

Sections 406/498-A IPC etc., which has been adjourned

sine die to be listed after the decision of FAO No. 294-M of

2005)

3.

Case No. 24-CRR of 11.2.2009 Sunil Devi @ Babli vs

Sunil Kumar pending in the court of Mr. Sudhir Jiwan,

Additional Sessions Judge, Hisar.

4.

One FAO titled as Sunil Kumar vs Sunil Devi @ Babli filed

by the husband vide Diary No. 507784 which is pending in

the registry for checking and is yet to be listed in court for

hearing.

In view of the aforesaid settlement between the parties, the present

contempt petition and FAO No. 294-M of 2005 which have been listed are

permitted to be dismissed as withdrawn.

CRM No. 48887-M of 2007, which according to learned counsel for

the parties, was adjourned sine die to be listed after the decision of FAO No. 294-

M of 2005 is taken on board and is permitted to be dismissed as withdrawn.

The revision filed by the wife pending in the court of Mr. Sudhir

Jiwan, Additional Sessions Judge, Hisar, is permitted to be dismissed as

withdrawn. A copy of this order be sent to the aforesaid court for placing the same

on the record of the aforesaid file.

FAO filed by the husband vide Diary No. 507784 may also be treated

as withdrawn whenever the same is listed before the court in terms of the aforesaid

terms and settlement arrived at between the parties. A copy of this order be also

placed on the file of aforesaid case.

The contempt petition stands disposed of accordingly.

16.11.2010

(Rajesh Bindal)

vs.

Judge