Alok Chanchal v. Anubha Saxena

O R D E R %

24.09.2026 MAT.APP.(F.C.) 286/2025 & CM APPL. 66016/2026 (Seeking withdrawal)

¶1The present application has been filed on behalf of the appellant seeking permission to withdraw the present appeal challenging the Impugned Order dated 23.04.2025 passed by learned Family Courts-01, East, Karkardooma Courts, Delhi in HMA no. 1187/2021, in view of the amicable settlement arrived at between the parties.

¶2The learned Family Court vide the impugned judgment herein had dismissed the petition filed by the appellant seeking dissolution of marriage between the parties.

¶3During the pendency of the present appeal, the parties attempted to get their disputes settled via mediation which culminated into a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. settlement agreement arrived at between the parties before the Mediation Centre, Karkardooma Courts, Delhi. The settlement agreement has been filed along with the application.

¶4The Settlement Agreement dated 08.08.2026 is reproduced hereinbelow:

" 1. Reference

The above-said matter under Section 144 of BNSS for grant of maintenance has been received for mediation from the Court of Sh. Manish Khurana, Ld. Judge, Family Court, East District, KKD Courts. Delhi.

¶2Mediation Proceedings

After introducing and explaining the concept and benefits of mediation in vernacular language i.e. Hindi, the matter has been discussed with the parties in joint session in cordial atmosphere.

¶3Language

The settlement is being typed in English on the joint request of the parties and their respective counsel.

¶4Background of the Case

The brief facts, as stated by the parties, are that the marriage between petitioner Smt. Anubha Saxena and respondent Sh. Alok Chanchal was solemnized on 04.11.2009 as per Hindu rites and ceremonies at Delhi. It is further stated by the parties that due to certain matrimonial discords and differences, they are living separately from each other since 16.07.2018.

¶5Whether any issue has been born from the wedlock? If yes, name and age:

No.

¶6Connected Cases

It is stated by the parties that besides the present matter, the following proceedings/litigations are pending between them :-

(i) MAT. APP. (F.C.) No.286/25 filed by the respondent against the petitioner which is pending before Hon'ble High Court of Delhi where next date of hearing is 14.10.2026.

¶7Applicability/non-applicablity of the present settlement to the Connected Cases

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The present settlement shall be applicable to the case in hand as well as to the connected matter mentioned above, however, subject to terms and conditions mentioned hereinbelow.

¶8Abbreviation

Petitioner namely Smt. Anubha Saxena shall be hereinafter referred to as "the wife" and the respondent namely Sh. Alok Chanchal shall be hereinafter referred to as "the husband".

¶9Terms & Schedule of Settlement

After explaining the process of mediation, the parties have arrived at

an amicable settlement on the terms and conditions as under:-

i. It is agreed between husband and wife that there is no

possibility of reunion due to irreconcilable differences and as such,

they have decided to separate their ways and go for dissolution of

their marriage by mutual consent in accordance with law as

provided under Section 13B of Hindu Marriage Act, 1955.

ii. It is agreed between husband and wife that they shall file the

first motion petition under Section 13B(1) of Hindu Marriage Act

for dissolution of marriage by way of mutual consent on or

before 10.10.2026.

iii. It is further agreed between the husband and wife that second

motion petition under Section 13B(2) of the Hindu Marriage Act shall

be filed after expiry of statutory period of six months from the

date of disposal of the petition under Section 13B(1) of the Courts

Hindu Marriage Act. However, the husband and 2 wife are at liberty

to move appropriate application for waiver of mandatory period of

six month, if they so desire.

iv. It is further agreed between the parties that the husband shall

pay an amount of Rs.10,00,000/- (Rs. Ten Lakh only) to the wife

towards full and final settlement for her maintenance (past, present

and future), permanent alimony, jewellery etc. and the wife

undertakes not to put forth any further claim towards the same in

future at any stage.

V. It is further agreed between the parties that the husband shall

handover the articles as mentioned in the list annexed as Annexure-A

to the wife at the time of recording of statement in first motion

petition for divorce.

vi. It is agreed between the parties that the husband shall pay the

above-said settled amount to the wife shall pay the above-said settled

amount to wife through electronic mode/demand

drafts/RTGS/NEFT as per the following schedule:-

S.No. Amount Date Rs.2,00,000/- At time of recording The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. and husband shall handover the articles as mentioned in the list annexed as Annexure-A the wife.

statement in the first motion petition under Section 13B(1) of Hindu Marriage Act.

Rs.8,00,000/-

At time of recording statement in the second motion petition under Section 13B(2) of Hindu Marriage Act.

vii. It is further agreed that either of the parties to the settlement shall not claim any right whatsoever in the movable and immovable property of the opposite party. viii. It is further agreed between the parties that on completion of terms agreed above, they shall not be left with any claims towards each other and shall not litigate in future against each other qua this marriage.

¶10Follow-up-Documents:

Prepared by whom

Time framework

Place of signature by parties.

Who will bear the cost

Preparat ion of petition u/s 13B(1) of the ΗΜΑ

Husband

On or before

10.10.2026

KKD courts, Delhi

Husband

Preparat ion of petition u/s 13B(2) of the ΗΜΑ

Wife

As per law

KKD Courts Delhi

Wife

¶11Withdrawal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

It is agreed between the parties that after disposal of the first motion petition under Section 13B(1) of the Hindu Marriage Act but before filing of the second motion petition, the wife shall withdraw the present referral case before the Ld. Referral Court. It is agreed between the parties that before filings of the first motion petition under Section 13B(1) of the Hindu Marriage Act, the husband shall withdraw the above-mentioned connected MAT. APP. (F.C.) No.286/25 before the Hon'ble High Court of Delhi.

¶12Breach: It is agreed between the parties that in case of breach of the above terms on the part of husband, the wife shall be entitled to retain 25% of the received amount towards litigation expenses etc. Likewise, in case of breach of the above terms on the part of wife, the amount so received by her shall not be adjustable towards any kind of arrears/ maintenance, but the husband shall be entitled to recover the amount so paid by him alongwith 12% interest per annum. It is further agreed between the parties that in case of breach/violation/deliberate disobedience, the party breaching the terms shall also be liable for contempt proceedings under section 2(b) of the Contempt of Courts Act, 1971 for violation thereof or aggrieved party may proceed against the other party in accordance with law.

¶13Free Consent of the parties

The parties, unequivocally declare that they have executed this agreement voluntarily, after fully understanding And appreciating the contents, scope, and effect thereof, as well Second s consequences of the breach thereof along with the legal position explained hereinabove. They further declare that they are signing this agreement voluntarily after examining all probabilities and implications thereof and without any kind of force, pressure, undue influence, misrepresentation, or mistake (both of law and fact), in any form, whatsoever, from any quarter. They undertake that they shall abide by and be bound by the agreed terms/stipulations of this settlement agreement."

¶5As per the Settlement Agreement, the parties have agreed to dissolve their marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The parties have further agreed to file the petition for the First Motion on or before 10.10.2026. It has further been agreed between the parties that the appellant shall pay a sum of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. ₹10,00,000/- (Rupees Ten Lakhs only) to the respondent towards full and final settlement of all claims towards maintenance. The Settlement Agreement further records that the articles mentioned therein shall be returned by the appellant to the respondent at the time of filing of the First Motion. The agreement also charts out the manner in which the sum of Rs. 10,00,000/- will be paid by the appellant to the respondent.

¶6The parties undertake that they shall remain bound by the terms and conditions of the Settlement Agreement and shall duly abide by the same. The parties further agree that, upon compliance with the terms of the Settlement Agreement, all disputes and claims arising between them in relation to their matrimonial relationship shall stand settled.

¶7Accordingly, the present appeal along with all pending application(s), if any, stands disposed of in terms of the settlement agreement.

¶8Further, it is made clear that any breach of the terms of the Settlement Agreement shall constitute a breach of the undertaking given to before this Court and, in the event of any wilful breach by either party, the same shall invite such consequences as may follow, in accordance with law.

¶9The next date of hearing before Court i.e., 14.10.2026 stands cancelled.

SUBRAMONIUM PRASAD, J

RENU BHATNAGAR, J SEPTEMBER 24, 2026/pr/KZ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010552452025 + MAT.APP.(F.C.) 286/2025 ALOK CHANCHAL .....Appellant Through: Ms. Vandana Yadav, Ms. Rekha Verma & Ms. Kajal Sonkar, Advs. (VC) versus ANUBHA SAXENA .....Respondent Through: Mr. Sachet Sharma, Mr. Paras Verma, Mr. Ayush Sharma & Ms. Praachee Pathak, Advs. (VC) CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MS. JUSTICE RENU BHATNAGAR