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Judgment
The matter is taken up today as 28.05.2026 was declared a holiday on account of ‘Id-ul-Zuha (Bakrid)’.
SACHIN DATTA, J. (Oral)
During the course of hearing, the respondent has handed over an affidavit. The same reads as under:
Let the said affidavit be filed in the Registry of this Court.
After some hearing, with the consent of the respective parties, who are present in person, the following directions are issued:
In respect of the properties whose original documents remain to be returned to the petitioner in terms of the settlement agreement, the needful shall be done by the respondent on or before 20.07.2026.
The respondent would clear the loan in respect of the properties referred to in paragraph 2 of the aforesaid affidavit, within the timeline indicated in paragraphs 4 and 5 of the said affidavit (as reproduced hereinabove).
All the EMIs would continue to be paid by the respondent (without any delay or lapse whatsoever) till all the loans are cleared.
If there is any other loan in which the petitioner has been reflected as “co-applicant”, it is agreed that steps shall be taken by the respondent to ensure that the petitioner’s name is removed as co-applicant and that the loan transaction does not appear in the CIBIL report of the petitioner. For this purpose, it is agreed that the petitioner shall execute certain necessary documents (without any additional obligation/ financial liability being imposed on the petitioner). The same shall be done on or before 15.12.2026.
The parties agreed that the Second Motion petition shall be filed within the limitation period, and a joint request shall be made before the concerned Family Court that recording of the statement be deferred till the aforesaid has been duly done by the respondent.
The jewellery of the petitioner shall be returned at the time of the recording of the statement pursuant to Second Motion petition filed under Section 13B(2) of the Hindu Marriage Act, 1955. At this time, the petitioner, shall also execute such documents as are required to be executed in terms of the settlement agreement. The copy of such documents that are required to be executed be supplied to the petitioner on or before 20.07.2026.
The petitioner and the respondent unequivocally undertake to remain bound with the aforesaid understanding. In case of any breach on the part of either of the parties, the same shall be construed as an egregious breach of the undertaking given to this Court entailing severe action under the Contempt of Courts Act, 1971.
The present petition stands disposed of in the above terms. Pending applications also stand disposed of.
List before the concerned Joint Registrar (Judicial) on 20.07.2026, 15.09.2026 and 15.12.2026 for reporting compliance and/ or for exchange of relevant documents.
The date already fixed i.e. 20.07.2026 stands cancelled.