Smt. Poonam Chaturvedi v. Shri Manas Chaturvedi and Ors

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM APPL. 33998/2020 (for condonation of delay)

¶1For the reasons stated in the application, the application is allowed. The delay in filing the appeal is condoned.

¶2The application stands disposed of.

MAT.APP.(F.C.) 157/2020 & CM APPL. 6540/2021(for early hearing), CM APPL. 20901/2021(for filing additional documents), CM APPL. 33710/2021(filed on behalf of appellant no. 1 seeking directions)

¶1Appellant impugns judgment dated 14.07.2020, whereby respondent No. 1 and respondent No. 2 were appointed as the guardians of the minor children.

¶2Pursuant to filing of the present appeal, by order dated

10.02.2021, the executing court was permitted to proceed further with the execution for transferring the custody of the minor children to the respondent. Subsequent thereto, the custody of the minor children were transferred to the respondents on 03.02.2022. An agreement was further arrived at between the parties whereby the custody of the minor children was returned to the appellant.

¶3It is an admitted position that the two minor children are now residing with the appellant in her custody and under her guardianship.

¶4Parties have settled their disputes. It is agreed that the appellant shall continue to have custody of the children and shall be the lawful guardian of the two minor children.

¶5In view of the above, it is further directed that the appellant shall be deemed to be the lawful guardian of the two minor children (Utkarsh Chaturvedi and Nimisha Chaturvedi, both born on

18.06.2008). It is directed that for all practical and legal purposes the

appellant shall be deemed to be the lawful guardian of the two minor children.

¶6Appellant and respondent No. 1 have further settled their disputes with regard to their inter se matrimonial relationship.

¶7Affidavit dated 05.04.2023, attested on 10.05.2023, has been handed over in Court in original. The same is taken on record.

¶8Both the appellant and respondent are present. Both parties have agreed to dissolve their marriage by mutual consent.

¶9It is agreed between the parties that respondent shall pay a total amount of Rs. 16 lakhs in full and final settlement of all claims of past, present and future maintenance and alimony of the appellant. It is agreed that the amount shall be paid in two equal installments of Rs. 8 lakhs each. The first installment would be paid at the time of recording of the statement for the first motion and second at the time of recording of the statement for the second motion.

¶10Appellant and Respondent are present in person, they undertake that they shall abide by the terms and conditions of the settlement as recorded in the affidavit. The undertakings are accepted.

¶11Parties further pray that keeping in view the fact that they have separated since December, 2014, they shall be praying to the concerned Family Court for granting waiver of statutory period as required under Section 13B(2) of the Hindu Marriage Act, 1955.

¶12We have perused the terms of settlement and find the same to be lawful. The settlement is also taken on record.

¶13Appeal is disposed of in the above terms. Parties are bound down to their undertaking given to the Court.

¶14On an application being filed, before the Family Court, seeking waiver of the statutory period, the Family Court shall take into account the fact that parties have been living separately since 2014 and have even been litigating, though for the purposes of guardianship of the minor children, and pass appropriate orders in accordance with law on the application seeking waiver of the statutory period.

¶15Order dasti under signatures of Court Master.

¶16Copies of the affidavit be also supplied to parties under the signature of Court Master. [[[[ SANJEEV SACHDEVA, J

MANOJ JAIN, J MAY 10, 2023 MR

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 10.05.2023 MAT.APP.(F.C.) 157/2020 + MAT.APP.(F.C.) 157/2020 SMT. POONAM CHATURVEDI ..... Appellant versus SHRI MANAS CHATURVEDI AND ORS. ..... Respondents Advocates who appeared in this case: For the Appellant: Mr. Nitin Pratap & Mr. Gopal Sharma, Advocates. For the Respondent: Mr. Sandeep Sharma, Advocate with Mr. Amit Choudhary, Advocate for Respondent Nos. 1, 2 & 4. CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE MANOJ JAIN