Dinesh Malhotra & Ors v. State & Anr

ORDER %

01.11.2011

¶1A decree of divorce has been passed under Section 13B(2) of the Hindu Marriage Act on 16.9.2011 dissolving the marriage between the parties. Subsequent thereto the partieshavesettledtheir disputesand arrivedat settlementon the followingterms:

(1) A sum of Rs.3,50,000/- shall be paid to respondent No. 2/mother and her daughternamely Ms Tisha and out of that a sum of Rs.2,00,000/-has already been paid to respondentNo. 2 in the name of her daughterTisha by way of a bank draft. Receipt of the same has been acknowledged by the respondent No. 2/mother.

(2) Balanceamountof Rs.1,50,000/-is paidtodayto the respondentNo. 2 by way of a bank draft drawn on HDFC bank bearing draft No. 003955 dated

11.10.2011. Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

(3) It is agreed that the custody of the girl child shall continue with her mother who is her natural guardian also.

(4) It is agreed that besides the amount of Rs.2,00,000/- paid to the girl child, the child Ms Tisha would not be deprived of her rights as would be available to her as per law.

¶2In view of the aforesaid terms the respondent No. 2 and her girl child are left with no rights or claim against the petitioners except as would be available to her as per law as stated in para 1(4) above.

¶3It is agreed that the parties shall not interfere in the lives of each other. In view of the above, the respondents state that they have no objection if the petition is allowed.

¶4In view of the above, FIR No. P.S. Mansarovar Park, U/s 406/498A/343/34 IPC and other proceedings arising thereto are quashed.

¶5The petition is disposed of NOVEMBER 01, 2011 awanish /It I p{jJ^ MX. MEHTA,J

$-50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3591/2011 DINESH MALHOTRA & ORS Petitioner Through Mr. Jai Gopal Garg, Adv. versus STATE & ANR Respondent Through Mr. Harish Kumar, Adv. for R-2 Ms. Jasbir Kaur, Adv. for State CORAM: HON'BLE MR. JUSTICE M.L. MEHTA