Mridula R.Bajaaj v. Rajeshwar R.Bajaaj

# % 19.10.2010 Present:- Mr.NandiniSahnifor the appellant. Mr. AnupamSrivastavafor the respondent. /9 ^<^3 +MATAPP No. 78/2007^ nvf/ /2ni Ajoint apphcationunder Order 23 Rule 1 &3 r/w Section 151 CPC has been movedby the partiesfor recording of settlementbetween the parties. The applicationhas been filed mthe Court, Same is taken on record. The registryis directedto registerthe saidapplication. Both the parties are present along with their respective counsel. In the applicationthe parties have stated that on accountofthe effortsmade by theirdaughterSnehathey have amicablysettledthe matter.The terms of the settlement have beenstatedin para3ofthe application. Both the parties state that they have signed the applicationafter having fully gone throughthe contentsof the same. Both the parties also state that they have also signed their affidavits in support of the present application. The apphcation and the affidavits are collectively exhibited as Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Ex.C-I. Both the partiesstate they shall remain bound by the terms of the present application. The present apphcation has been moved by both the parties under Order 23 Rule 1 & 3 r/w Section 151 CPC. Let theirjoint statementberecordedseparately. In the joint applicationmoved by the parties it is stated that with the efforts of their daughter they have amicably resolved all their disputes. In terms of the settlement the respondent husband has agreed to pay a sum of Rs.l crore by way of a bank draft bearing no. 033809 dated 12.10.2010drawn on HDFC Bank, New Delhi to the appellant wife towards stridhan, alimony, maintenance and all her claims arising out of the marriage betweenthe parties.The draft for a sum ofRs.l crorehas been handed over by the respondent to the appellantin the Court. The respondenthas also agreedto transfer his halfundivided sharein the propertybearingno.PlotNo. 12, Block-A,Road A-7, DLF Qutab Enclave, Phase-I, Gurgaon, Haryana, in favour of the appellantby way of executionof gift deed. The respondent has also agreed to render cooperation in getting the said ^.O property transferred in the name of the appellant in the records of the developer besides getting the gift deed registered with the office of the Sub-Registrar, Gurgaon. The respondent has agreed to execute the gift deed in favour of the appellant within a period of 30 days from the date of recording of statement before this court but subject to the condition that the appellant procures the requisite stamp papers from the Collector of Stamps, Haryana and comply with other formalities as are requisite for the execution of the gift deed. It has also been agreed between the parties that the cost of seeking such transfer shall be entirely borne by the appellant and the appellant shall take all necessary steps for the execution of the gift deed in her favour. It has also been agreed that with the payment of the said amount of Rs.l crore and on the execution of the said gift deed the appellant shall be left with no claim against the respondent and his other properties and present and future alimony, maintenance and stridhan etc. The appellant has also agreed to withdraw the present appeal with the undertaking not to challenge the judgment and decree dated 9.8.2007 passed by the court of Shri Gurdeep singh, ADJ, Delhi in any other Court in India. In the present appeal the appellant has challenged the judgment and decree dated 9.8.2007, whereby decree of divorce has been granted by the trial court in favour of the respondent thereby dissolving the marriage between the parties on the ground of cruelty under Section 13(1) (i-a) of the Hindu Marriage Act. In view of the settlement arrived at between the parties now nothing survives in the present appeal. The present appeal is accordingly dismissed as withdrawn. Both the parties are directed to remain bound by the terms of the said settlement. The parties are also directed to give full effect to the terms of the settlement. /I October 19, 2010 KAILASH GAMBHIR, J mg