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Judgment
RAJIV SHAKDHER, J.: (ORAL)
The aforementioned appeal had come up for hearing on 27.08.2024 when, in the course of hearing, the respondent/Himani Sharma had made an offer to settle her disputes with appellant/Punkajj Sharma.
The terms of the offer were conveyed to the appellant/Punkajj Sharma and his counsel, Ms Francesca Kapur.
The appellant/Punkajj Sharma and his counsel Ms Kapur sought two (2) days to consider the offer.
Ms Kapur has returned with instructions.
Ms Kapur says that the offer of the settlement is agreeable, albeit, with a slight modification concerning the timeframe within which the appellant/Punkajj Sharma would have to pay Rs.13 lakhs, towards compensation/alimony, to the respondent/Himani Sharma.
Ms Niharika Ahluwalia, learned counsel, who appears on behalf of the respondent/Himani Sharma, says that the stages and the timeframe that we intend to set forth hereafter for payment of Rs 13 lakhs would be agreeable to the respondent/Himani Sharma.
The respondent/Himani Sharma has joined the proceedings via video conferencing.
As indicated above, Ms Kapur, however, says that she has relevant instructions from the appellant/Punkajj Sharma to settle the matter as per the terms that are recorded hereafter.
Accordingly, the appeal is disposed of based on the consent of the parties, on the following terms:
The appellant/Punkajj Sharma will pay Rs.13 lakhs to the respondent/Himani Sharma towards full and final settlement of all claims in the manner set forth hereinbelow:
Rs.10 lakhs will be paid at the time when the first motion for seeking divorce under Section 13B of the Hindu Marriage Act, 1955 [hereafter referred to as “HMA”] is filed. The first motion will be filed as early as possible, but not later than two (2) weeks from today.
The remaining amount, i.e., Rs.3 lakhs will be paid at the time when the second motion is filed.
The respondent/Himani Sharma will withdraw the pending appeals, i.e., CRA 23/2020, titled Himani Sharma v. Punkajj Sharma, and CRA 349/2019, titled Himani Sharma v. Punkajj Sharma which are pending in the concerned court in Kurukshetra (Haryana).
Furthermore, the proceeding initiated by the respondent/Himani Sharma under the Protection of Women from Domestic Violence Act, 2005, shall also be withdrawn by the respondent/Himani Sharma.
Parties shall undertake to comply with the terms of settlement recorded hereinabove.
Parties will act based on the digitally signed copy of the order.