Boutique Litigation Law Firm - Retain Lawyers - Research based Law Firm - Complete legal services

SC disposes matrimonial dispute on settlement, directs in case of non-deposit of money by husband the appeal shall stand allowed

The SC on April 29, 2020 {NEELAM GUPTA v. MAHIPAL SHARAN GUPTA AND ANOTHER} held that the present appeals were being entertained by the Court principally to explore the possibilities of settlement between the appellant and the respondent No.1. The parties arrived at the settlement in present matrimonial dispute; lump sum payment of Rs. 65,00,000/- to wife/ appellant, subject to other conditions, and divorce by mutual consent.

The SC Bench, comprising of Justice U U Lalit, Justice Indu Malhotra and Justice Krishna Murari, observed that in case the respondent No.1 fails to deposit the first installment of Rs.6,00,000/- within the time stipulated in the directions issued, this Appeal shall stand allowed and the Orders under appeal will stand set aside. Consequently, in that case, the application preferred by the appellant under Section 12 of the DV Act shall stand allowed. 

In present case, the appeals arose out of the common Judgment and order passed by the High Court of Delhi, by which the High Court affirmed (i) the order passed by Mahila Court in proceedings initiated by the appellant under Section 12 of the DV Act and (ii) the order passed by Additional Sessions Judge-2, (North), Rohini Courts, Delhi - as per those orders, prayer for residence order in the property in dispute as 'shared household' of the appellant was not allowed. 

Leave a comment

Please note, comments must be approved before they are published