4# % 15.09.2010 Present:- Petitioner present in person. Mr. Vinod Kumar, Advocate for respondent witli respondent present in person. + MAT. APP. No. 62/2008 * Bothi the parties are present in person. Mr. Vinod Kumar, counsel for the respondent is also present. Counsel for the respondent submits that both the parties have settled and resolved all their inter se disputes. Counsel also submits that both the parties have executed the memorandum of understanding dated 7.9.2010. The parties present in court confirm this position. The memorandum of understanding is also duly witnessed by two witnesses i.e. Mr. Vinod Kumar, Advocate representing the respondent and Mr. O.P. Sharma, Advocate, father of the appellant. Both the parties state that they have signed the said memorandum of understanding after having fully gone through the contents of the same. Both the parties state that they have signed the memorandum of understanding out of their own free will and choice and without any sort of pressure upon them. The MOD is Ex. X-C-1. The parties further submit that in terms of the said MOD the respondent/husband has agreed to pay a sum of ?.25,00,000/- in full Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified and final settlement of all the claims of the appellant and her daughter Ms. Snigdha. Both the parties have also agreed that they have no objection if the present decree of divorce is set aside i.e. the judgment and decree dated 14.03.2008 passed by the court of Sh. Gurdeep Singh, Addl. District Judge, Delhi. Both the parties also agree that they will withdraw the respective cases filed by them against each other and also against ^ the respectivefamilies. Both the partieswill also seek quashing of the two FIRs by taking appropriate steps in this regard before the Hon'ble High Court. The appellant has already received a sum of ?.7,50,000/- out of the said settled amount of ?.25,00,000/- and on receipt of the same the appellant has already withdrawn three criminal cases. The balance amount shall be paid by the respondent in terms of the MOD. Both the parties have also agreed to seek divorce by mutual consent and have agreed to take all necessary 1 steps in this regard. Both the parties have also agreed that the girl child Ms. Snigdha Sharma shall remain in the care and custody of the appellant and the appellant shall have the sole responsibility to look after and take care of the needs and requirements of the said girl child. Both the parties have also agreed not to file any criminal case against each other or members of their respective families. ,.,r Ji In the present appeal filed by the appellant wife judgment and decree dated 14.03.2008 passed by the Ld. Trial Court thereby dissolving the marriage of the parties under Section 13 (1) (i-a) of the Hindu Marriage Act is under challenge. During the pendency of the present appeal with the intervention of the court, the parties have resolved all their disputes in terms of the MOU dated 07.09.2010. Both the parties have agreed for the setting aside of the said judgment and decree dated 14.03.2010 passed by the court of Sh. Gurdeep Singh, ADJ, Delhi. Both the parties have also agreed to withdraw all civil or criminal cases against each other filed by them and against their respective family members. Both the parties have also agreed to seek quashing of the FIRs. Both the parties have also agreed to move joint petition to seek divorce by way of mutual consent as envisaged under Section 13 (B-1) and(B-2) of the Hindu Marriage Act. Both the parties have also agreed to settle all their inter se disputes in terms of the said MOU dated 7.9.2010 which they have executed out of their own will and choice without any sort of pressure and coercion upon them. The respondent husband has agreed to pay a sum of ?. 25,00,000/- towards all material claims of the appellant and her daughter Ms. Snigdha Sharma and the appellant shall not claim any amount whatsoever from the husband either for her own maintenance or for If the maintenance of the girl child. An amount of ^.7,50,000/- has already been received by the appellant and the balance amount shall be paid by the respondent in terms of the said settlement. The respondent has also agreed for the custody of the child to remain with the appellant and the appellant alone shall take full care and responsibility of the said child. In the light of the said MOU, the impugned judgment and decree dated 14.03.2008 passed by the ^ court of Sh. Gurdeep Singh, ADJ, Delhi is hereby set aside. The parties now shall file first motion for seeking divorce within a period of one week and shall take appropriate steps for moving the second motion immediately on the expiry of six months period. Both the parties shall remain bound by the terms of the MOU dated 7.9.2010 and shall not raise any kind of dispute with regard to the terms of the said MOU. It is ordered accordingly. Order Dasti. September 15, 2010 KAILASH GAMBHIR, J pkv