COCP-2287-2015 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
COCP-2287-2015
Date of Decision: 18.12.2018
Shruti Sharma …Petitioner
vs.
Arun Sharma and Ors ..Respondents
CORAM: HON’BLE MS. JUSTICE NIRMALJIT KAUR
Present: Mr. Manish Prabhakar, Advocate, for the petitioner.
Mr. M.S.Bedi, Sr. Advocate with
Mr. Sidhant Mehta, Advocate, for respondent No.1.
Mr. Vipin Gogia, Advocate, for respondents No. 2 to 4.
Mr. V.K.Kaushal, Advocate, for respondents no. 5 and 6.
Mr. S.S.Mann, Sr. DAG, Haryana.
*****
NIRMALJIT KAUR,J
Petitioner, namely, Shruti Sharma is the wife of respondent
No.1-Arun Sharma. The marriage was solemnized on 10.07.2011 at
Chandigarh.
In view of the dispute between the parties and other various
reasons, the divorce petition came to be filed in the year 2018.
The said divorce petition is pending before the learned
Additional District Sessions Judge, Jalandhar.
Besides the divorce petition, the following cases/applications
are pending between the parties:-
(a) Transfer application No.412 of 2018, filed by
petitioner-Shruti Sharma, for petition under Section 13 of the Hindu
Marriage Act from Jalandhar to Panchkula.
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(b) Execution application in order dated 20.11.2013 passed
by Chief Judicial Magistrate, Panchkula in the petitioner under Section 12
of the Domestic Violence Act filed by the petitioner-Shruti Sharma.
(c) FIR bearing No.144 dated 02.04.2013 under Sections
323/498-A/406 and 506 IPC registered at Police Station Sector 05,
Panchkula by Shruti Sharma against the respondents.
(d) Domestic Violence Cases No. 627 of 2014 and 4597 of
2013, titled as Shruti Sharma vs. Arun Sharma and others, was decided ex
parte on 20.11.2013 by Chief Judicial Magistrate, Panchkula and presently
both execution petition and application for setting aside the aforsaid ex part
order is pending for 31.01.2019 before Chief Judicial Magistrate,
Panchkula.
In the petition filed under Section 12 of the Domestic Viloance
Act, the Chief Judicial Magistrate, Panchkula, vide order dated 20.11.2013
(Annexure P10) directed the respondents to pay Rs.75000/- per month to the
petitioner on account of her maintenance (including maintenance of minor
daughters), rental accommodation, emotional distress etc. The Chief
Judicial Magistrate, Panchkula, further directed respondent No.1 not to
alienate his share in the farm house No.27, village Jagan, Nakodar road,
situated at Jalandhar.
During this period, a Memorandum of Understanding (MOU)
dated 03.12.2013 (Annexure P2) arrived at between the parties which was
made part of the order dated 17.12.2013 passed in CWP No. 2350-2013.
When respondent No.1 did not comply with the terms and
conditions of the MOU, the petitioner was left with no other option but to
file the present contempt petition.
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During the pendency of the present contempt petition, an
amount of Rs.40 lakhs was deposited with the Registrar (General) of the
Court, vide order dated 21.08.2018, which has been converted into Fixed
Deposit Receipt (FDR).
On 04.12.2018, the parties sought time to come to a settlement
in view of the discussion held in the Court.
Today, the petitioner is present in the Court alongwith her
father and respondent No.2-Subhash Kumar Sharma, father of respondent
No.1-Arun Sharma, is also present in the Court. Both petitioner as well as
respondent No.2, have suffered statement before this Court. Both the parties
have agreed to amicably resolve their dispute.
Respondent No.2, father of respondent No.1, has given an
undertaking, before this Court, to pay Rs.2,25,00,000/- (Rs. Two crores
twenty five lakhs only) in four installments to petitioner-Shruti Sharma, by
way of demand draft in her name, towards full and final settlement subject
to their marriage being dissolved by way of mutual consent i.e. under
Section 13-B of the Hindu Marriage Act, and withdrawal of all other cases
including quashing of FIR and under the Domestic Violence Act.
Similarly, petitioner-Shruti Sharma, has given an undertaking,
before this Court, that she is ready to settle the entire dispute with the
respondents subject to payment of Rs.2,25,00,000/- (Rs. Two crores twenty
five lakhs only) in four installments, by way of demand draft in her name,
towards full and final settlement. It is further stated by petitioner-Shruti
Sharma that she has no objection to the grant of divorce by way of mutual
consent and she will also withdraw all cases registered against her husband
and his family members..
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The said statements be read as a part of this order.
In view of the above, the contempt petition is disposed of as
under:-
(1) Petitioner-Shruti Sharma shall also move an appropriate
application allowing the petition pending for setting aside the order dated
20.11.2013 passed by CJM, Panchkula, titled as Shruti Sharma vs. Arun
Sharma and others, in view of the settlement arrived at between the parties.
On moving such application by the petitioner, order passed under the
Domestic Violence Act shall be set aside subject to payment of Rs.65 lakhs
by way of demand draft, in favour of petitioner-Shruti Sharma, which shall
be handed over to the petitioner simultaneously in the Court.
(2) An appropriate application/petition for quashing of FIR
bearing No. 144 dated 02.04.2013 under Sections 323/498-A/406 and 506
IPC registered at Police Station Sector 5, Panchkula or an appropriate
application for acceptance of cancellation report, shall also be moved by the
parties within one month of the setting aside the order dated 20.11.2013
passed under the Domestic Violence Act. The second installment of Rs.60
lakhs shall be paid by respondent No.1 or respondent No2, as the case may
be, at the time of quashing of FIR bearing No. 144 dated 02.04.2013 under
Sections 323/498-A/406 and 506 IPC registered at Police Station Sector 5,
Panchkula. It is, however, clarified that quashing of FIR/acceptance of
cancellation report will be subject to handing over of the demand draft of
Rs.60 lacs, to the petitioner.
(3) Both the parties shall move an appropriate application for
converting the divorce petition filed under Section 13 of the Hindu
Marriage Act into Section 13-B of the Hindu Marriage Act. Thereafter, both
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the parties shall appear before the concerned Court for first motion hearing
on the date so fixed by the concerned Court.
Respondent No.1 or respondent No.2, as the case may be, shall
hand over the demand draft of Rs.60 lakhs to the petitioner on the first
motion hearing of the divorce petitioner under Section 13-B of the Hindu
Marriage Act.
(4) Rs.40 lakhs, which is deposited with the Registrar
(General) of this Court, shall be released immediately to the petitioner on an
order of finalization of the divorce petition under Section 13-B of the Hindu
Marriage Act, being produced before the Registrar (General) of this Court.
(5) Both the parties shall withdraw all the case
filed/registered against each other.
All the cases, as mentioned above, shall stand decided and
disposed of within six months. Any delay in finalization of the various cases
beyond six months from today, on account of non-payment, or time sought
by the respondent(s) shall be subject to payment of 18% interest on the said
amount, to be paid by the respondents to the petitioner.
The parties are bound by the statements made before this Court.
The above amount of Rs.2,25,00,000/- (Rs. Two crores twenty
five lakhs only) is towards full and final settlement arrived at between the
parties; maintenance of the petitioner and her minor daughters.
Neither of the parties shall make any further claim against each
other.
18.12.2018 (NIRMALJIT KAUR)
smriti JUDGE
Whether speaking/reasoned : Yes/No.
Whether Reportable : Yes/No
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