Sunil Devi @ Babli vs Sunil Kumar

Rajesh Bindal, J.—The present contempt petition is arising out of a matrimonial dispute. The wife filed appeal before this Court against the judgment and decree of the learned court below dated 18.10.2005 granting divorce to the husband bearing FAO No. 294-M of 2005. As is noticed in the order passed by this Court on 14.7.2010, the parties entered into a compromise whereby a sum of Rs. 10,000,00/-were settled as permanent alimony payable to the wife for her and for the maintenance of the child born out of the wedlock till she attains the age of majority.

Today the parties were present in person in court. Learned Counsel for the parties have produced the terms of the settlement arrived at between the parties duly signed by them which is taken on record. Joint statement of the parties has been recorded whereby they have agreed to abide by the aforesaid terms of the settlement.

As noticed in the order passed on 14.7.2010, Rs. 5,00,000/-had been paid by the husband to that wife on that day. Another sum of Rs. 5,00,000/-has been paid by the husband to the wife by way of two demand draft Nos. 217409 and 217410 dated 1.10.2010 drawn on ICICI Bank Limited, Jind, each amouting to Rs. 2,50,000/-. It has been further agreed between both the parties that they will withdraw all the cases filed by them against each other and family members which are pending in various courts, the detail of which is as under:-

FAO No. 294-M of 2005 Sunil Devi @ Babli v. Sunil Kumar FAO No. 294-M of 2005(This is an appeal filed by the wife against the decree of divorce which is already admitted and pending.)

CRM No. M-48887 of 2007 Sunil Devi @ Babli v. State of Haryana and Ors. CRM No. M-48887 of 2007(This is a petition filed by the wife seeking quashing of the order passed by the learned Magistrate discharging the husband in proceedings under Sections 406/498A IPC etc., which has been adjourned sine die to be listed after the decision of FAO No. 294-M of 2005)

Case No. 24-CRR of 11.2.2009 Sunil Devi @ Babli v. Sunil Kumar Case No. 24-CRR of 11.2.2009pending in the court of Mr. Sudhir Jiwan, Additional Sessions Judge, Hisar.

One FAO titled as Sunil Kumar v. Sunil Devi @ Babli filed by the husband vide Diary No. 507784 which is pending in the registry for checking and is yet to be listed in court for hearing.

In view of the aforesaid settlement between the parties, the present contempt petition and FAO No. 294-M of 2005 which have been listed are permitted to be dismissed as withdrawn.

CRM No. 48887-M of 2007, which according to learned Counsel for the parties, was adjourned sine die to be listed after the decision of FAO No. 294-M of 2005 is taken on board and is permitted to be dismissed as withdrawn.

The revision filed by the wife pending in the court of Mr. Sudhir Jiwan, Additional Sessions Judge, Hisar, is permitted to be dismissed as withdrawn. A copy of this order be sent to the aforesaid court for placing the same on the record of the aforesaid file.

FAO filed by the husband vide Diary No. 507784 may also be treated as withdrawn whenever the same is listed before the court in terms of the aforesaid terms and settlement arrived at between the parties. A copy of this order be also placed on the file of aforesaid case.

The contempt petition stands disposed of accordingly.