Shikha Saini vs Gurinder Singh Saini

Veena Birbal, J.

CM Nos. 21169/2011 (u/s 5 of Limitation Act for condonation of delay in filing the appeal) & 21171/2011 (u/s 5 of Limitation Act for condonation of delay in re-filing the appeal)

Learned counsel for respondent has not opposed these applications. In view of the reasoning given in the applications, delay in filing the appeal and delay in re-filing the appeal is condoned.

FAO No. 496/2011

After some arguments the parties have agreed for the disposal of present appeal as under:-

(i) Respondent husband will pay Rs.3,000/- per month to the appellant wife towards maintenance w.e.f. 01.07.2012 and this payment of maintenance will continue till the final disposal of the application of the appellant wife u/s 125 Cr. P.C. which is pending before the concerned MM, Delhi. This arrangement will have no bearing on the application of the appellant wife u/s 125 Cr. P.C. and the learned MM shall be free to decide the same on merits and if any maintenance is awarded to the appellant wife, the amount already paid shall be deducted from it.

(ii) As regards the custody of the children, there are two children born from the wedlock; one son named Suryadeep Singh is aged 17 years and the other son Gauravdeep Singh is aged 16 years. It has been agreed that till both the children attain the age of 18 years, the appellant wife shall be at liberty to meet them on every 4th Friday from 2.00 to 5.00 p.m. at Chandigarh. The respondent will leave the children at the Mediation Centre of the District Court, Sector 17, Chandigarh where respondent will meet the children from 2.00 p.m. to 5.00 p.m. The meeting place has been chosen as per the convenience of both the parties. Respondent husband has agreed that he will pay to and fro travelling expenses of the appellant wife who can also take one escort with her and shall pay Rs.1200/- as expenses to her for every visit and that amount will be given to her whenever she visits there. The above expenses includes the expenses of escort also. The travelling expenses of one side is stated to be Rs. 200 p.m. from Delhi to Chandigarh.

(iii) It has been agreed between the parties that appellant wife can talk to both the children on telephone on any day after their school hours and respondent will have no objection in this regard.

(iv) Further, it has been agreed that during vacations respondent can take the children at her parents'' house at Delhi where they can stay for 7 days in summer vacation, 5 days in December and 2 days in Dussehra holidays with her. The parties have agreed that dates of stay in vacation shall be fixed by parties after talking to each other and on seeing the calendar of vacation of children.

In compliance of above order respondent husband has paid part payment of Rs.1500/- towards maintenance to the wife in Court. Respondent has stated that he will give balance amount of Rs.1500/- to the appellant wife on 20.07.2012 when on the said date they both have to attend a case. Respondent has also agreed that he will pay Rs.3,000/- to the appellant wife by the 7th of every month.

It has been agreed that the appellant shall furnish her bank details to the respondent husband within two weeks from today and he will directly deposit the aforesaid agreed amount by 7th of every month in the said account.

The impugned order stands modified in terms of settlement between the parties. The appeal stands disposed of accordingly. Dasti to both the parties.