Title: Meetu Bhutani v Gaurav Sabharwal
Decided on: 05.10.2023
+ MAT.APP. (F.C.) 242/2019
CORAM: HON’BLE MR. JUSTICE SURESH KUMAR KAIT,
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
Introduction
This present Appeal had been filed by the Appellant/Wife, Meetu Bhutani under Section 19(1)(4) of the Family Courts Act 1984.
Section 19(1)(4) of the said act provides authority to the High Courts to review any case where a family court within its jurisdiction has issued an order under Chapter IX CRPC, 1973.
Chapter IX CRPC, 1973 talks about the maintenance of wives, parents, and children, hence if the family court passes an order under this chapter, then Section 19 (1)(4) allows HCs to initiate a review on its own or through other means.
Through the present appeal, the wife had requested the Hon’ble HC to set aside a judgment given by the learned family court in Delhi in HMA No. 355/2017, allowing divorce filed by the Respondents/Husband on the grounds of Cruelty on 12 July 2019.
Facts of the Case
After the Order passed on 12 July 2019, a second order on 21 March 2023 was passed which referred both the parties to Delhi High Court Mediation and Conciliation Centre. A settlement agreement dated 13 September 2023 had been reached between the parties at Delhi High Court Mediation and Conciliation Centre (SAMADHAN) whereby parties had voluntarily arrived at an amicable resolution of their disputes and differences. Hence the present appeal had been filed to set aside the order passed on 12 July 2019 which granted divorce on the grounds of cruelty.
Contentions of both parties
Learned counsel appearing on behalf of parties submitted that parties had once and for all settled their disputes in terms of settlement above arrived at Delhi High Court Mediation and Conciliation Centre. Learned counsel appearing from both sides, on instructions, submitted that parties shall remain bound by the terms of the settlement.
Court Judgement and Analysis
The Court in the present case observed that since the parties to the present appeal have resolved their disputes in terms of the settlement agreement dated 13 September 2023 arrived at Delhi High Court Mediation and Conciliation Centre, nothing survives for consideration in the present appeal.
The Hon’ble court held that the undertaking furnished on behalf of the parties that they shall remain bound by the terms of the settlement would be taken on record while making it clear that the erring party shall be liable to be prosecuted under the provisions of Contempt of Courts Act, 1971.
The present appeal and pending application were accordingly disposed of, with the liberty to get it revived, if need be.
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Written by- Aditi
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