✦ High Court of India · 09 Dec 2024

High Court · 2024

Case Details High Court of India · 09 Dec 2024

Court

High Court of India

Decided

09 Dec 2024

Bench

VII ADDITIONAL

Length

1,674 words

Acts & Sections

A of the Hindu Marriage Act 1955 Hindu Marriage Act 1955 Income Tax Act Part E of Chapter IV of the Income Tax Act 1961

C.M.A.Nos.2268 and 2269 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.12.2024CORAMTHE HONOURABLE MRS. JUSTICE J.NISHA BANU ANDTHE HONOURABLE MR. JUSTICE R.SAKTHIVELC.M.A.Nos.2268 and 2269 of 2022Mr.Manoj Kumar Goyal..Appellant in both appealsVs. Mrs.Shilpa..Respondent in both appealsCommon Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, to set aside the order and decreetal order of the VII Additional Judge Family Court, Chennai dated 22.03.2022 made in O.P.Nos.1143 and 2617 of 2012.For Appellant in both appeals : Mr.K.Sriram for M/s.A.S.Kailasam and AssociatesFor Respondent in both appeals: Mr.Naveen Kumar Murthy for S.VarshaC O M M O N J U D G M E N T(The Judgment of the Court was made by Mrs.J.Nisha Banu,J.)These civil miscellaneous petitions have been filed by the appellant/husband against the fair and decreetal order 22.03.2022 passed in O.P.No.2617 of 2012, wherein divorce has been granted on the ground Page 1/8 https://www.mhc.tn.gov.in/judis C.M.A.Nos.2268 and 2269 of 2022of Cruelty and counter claim in O.P.No.1143 of 2012, was dismissed. 2. Today, when the matter is taken up for hearing, learned counsel for the appellant and the respondent would state that pending the appeal, the appellant and the respondent settled the issue among themselves and they have also filed a Settlement Agreement dated 09.12.2024 duly signed by the parties and their respective counsel. Learned counsel appearing on either side would also state that the Civil Miscellaneous Appeal may be disposed of in terms of the Settlement Agreement.3. The Settlement Agreement dated 09.12.2024, entered between the parties is extracted hereunder:''SETTLEMENT AGREEMENT BETWEEN MANOJ KUMAR GOYAL AND SHILPAThis Memorandum of settlement agreement entered in to at Chennai on this 9thday of December, 2024 by and between:MANOJ KUMAR GOYAL S/o.SRI RAMPAL, (Aadhar No:953235279323) (PAN Card No:AHEPG8309D) aged about 41 years, residing at No.85/1, 85/2. 2nd Floor, Perambur Barracks Road, Opposite to Parveen Travels, Vepery, Purasawalkam, Chennai – 600 007, herein after referred to as party of the FIRST PARTPage 2/8 https://www.mhc.tn.gov.in/judis C.M.A.Nos.2268 and 2269 of 2022ANDSHILPAD/o.BALWANT RAI GARG, (AadharName: SHILPA GUPTA, AadharNo:599361508642) (PAN Card No:AWYPS5853K), aged about 39years, residing at No.107 A, Aravindham Apartment, Flat No.C1, 1st Floor, P.T.Rajan Road, Bibikulam, Madurai - 625014 to as party of the SECOND PART.WHEREAS the party of first part had entered in to a matrimonial union with the party of the second part on 02.05.2004 at Hotel Abu Palace, No.926, Poonamallee High Road, Chennai as per Hindu rites and customs.WHEREAS out of wedlock both the parties were blessed with a daughter named Sneha aged about 19 years and a son named Rahul Goyal aged about 17 years.WHEREAS due to disputes/ differences between the parties, the party of the second part preferred a petition vide O.P.No.2617/2012 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 before the Family Court at Chennai and further the party of the first part preferred a counter claim vide O.P.No.1143/2022 under Section 23-A of the Hindu Marriage Act, 1955 in the above said petition preferred by the party of the second part.WHEREAS the VII Additional Family Court at Chennai by a common order dated 22.03.2022 was pleased to allow the O.P. No.2617/2012 preferred by the party of the Second Partand dissolved the marriage solemnized between the parties and further dismissed the O.P. No.1143/2012 and counter claim preferred by the party of the first part.WHEREAS the party of the first part preferred Civil Miscellaneous Appeals (CMA) vide C.M.A.No.2268 of 2022 and C.M.A.No.2269 of 2022 before the Hon’ble High Court of Madras and the matter was Page 3/8 https://www.mhc.tn.gov.in/judis C.M.A.Nos.2268 and 2269 of 2022referred to the Mediation Centre of the Hon’ble High Court of Madras vide order dated 07.06.2024.WHEREAS the parties have consented to settle the disputes but owing to the differences in the quantum of the full and final settlement, mediation between the parties failed and the matter was remitted back to the Hon’ble High Court of Madras on 02.08.2024.WHEREAS during the pendency of the CMA’s before the Hon’ble High Court of Madras, the parties again entered in to further negotiations and deliberations and consensus was agreed between the parties.WHEREAS the parties have agreed to reduce the terms of the consensus in to writing. NOW THIS MEMORANDUM OF SETTLEMENT AGREEMENT WITNESSES AS FOLLOWS:1. That the party of the first part had agreed to pay a lump-sum one time settlementof Rs.2,50,00,000/- (Rupees Two Crores and Fifty Lakhs)as full and final settlement amount in favour of the party of the second part and her children in the following manner:· AMOUNTTOWARDS CHILDREN:A. Sneha(Aadhar No:551764027304) (PAN Card No:RVPPS2216P) -Rs.60,00,000/- (Rupees Sixty Lakhs) in a Fixed Deposit and a sum ofRs.25,00,000/- (Rupees Twenty Five Lakhs)towards educational Expenses.B. RahulGoyal(Aadhar No:944149805536) (PAN Card not available as he is a minor) - Rs.60,00,000/-(Rupees SixtyLakhs) in a Fixed Deposit and a sum Rs.25,00,000/- (Rupees Twenty Five Lakhs) towards educational Expenses.· MAINTENANCE PAYMENT AND SETTLEMENT AMOUNT FOR SHILPA (Aadhar No:599361508642) (PAN Card No:AWYPS5853K):Page 4/8 https://www.mhc.tn.gov.in/judis C.M.A.Nos.2268 and 2269 of 2022C. A sum of Rs.80,00,000/- (RupeesEighty Lakhs)as full and final lump-sum settlement, including the sums recently spent towards the educational expenses of Sneha. In total of A+B+C, a sum of Rs.2,50,00,000/- (Rupees Two Crore and Fifty Lakhs) shall be paid through Demand Draft or Bank Transfer to their respective bank account on or before the date of execution of the Settlement Deed before the concerned jurisdictional Sub-Registrar’s office at Bangalore or 31.01.2025, whichever is earlier. 2. That, the party of the second part shall make a settlement/gift through an appropriate deed of settlement/gift in favour of the party of the first part, of the 1/4th share in the name of the party of the second part of the property situated at No.159/32,33,37,38, Vigannagar Main Road, Bangalore, Karnataka – 560037 towards satisfaction of the mutually agreed upon stipulations by both parties for divorce by mutual consent. Such settlement/gift to be made by the party of the second part in favour of the party of the first part shall be sans any considerationand shall not be regarded as a transfer of capital asset for the purposes of Part E of Chapter IV of the Income Tax Act, 1961, since such settlement/gift deedshall be executed pursuant to the order passed by the Hon’ble High Court of Madras in Civil Miscellaneous Appeals vide C.M.A.No.2268 of 2022 and C.M.A.No.2269 of 2022.3. That only upon the receipt of the sum of Rs.2,50,00,000/- (Rupees Two Crore and fifty Lakhs) by the party of the second part from the party of the first part, the party of second part would cooperate for the registration process and sign all the requisite documents required for registration of the afore-mentioned property.Page 5/8 https://www.mhc.tn.gov.in/judis C.M.A.Nos.2268 and 2269 of 20224. That the registration of the afore-mentioned property shall take place as per the terms of the settlement deed as recorded by the Hon’ble High Court of Madras and all the expenses required for registration including stamp duty, charges and other fees shall be borne exclusively by the party of first part.5. That in case of any delay in execution of the settlement/gift deed and whereby the party of first part and party of second part were compelled to execute a sale deed, all the expenses required for registration including stamp duty, charges and other fees shall be borne exclusively by the party of first part.6. That in the event of any delay in registering the propertybeyond 31.01.2025, the final settlement amount of Rs.2,50,00,000/- (Rupees Two Crores and Fifty Lakhs) shall be deposited in the Registry of the High Court of Madras in an interest-bearing account and upon completion of the registration, the deposited amount shall be transferred to the respective accounts of the party of the second part and her children.7. That upon the receipt of the sum of Rs.2,50,00,000/- (Rupees Two Crore and fifty Lakhs) by the party of the second part from the party of the first part, the party of the second part agrees to withdraw the proceedings initiated against the party of the first part vide M.C.No.305/2017 and E.P.No.5/2022 which are pending before the IV Additional Family Court at Chennai and VII Additional Family Court at Chennai and also waive all claims that stand pending as on date in the said Execution Petition.8. That the party of second part shall not make any further claims Page 6/8 https://www.mhc.tn.gov.in/judis C.M.A.Nos.2268 and 2269 of 2022for maintenance, children’s higher educationexpenses, marriage expenses and medical or other expenses. Likewise, the party of the First Part shall not make any claims or raise any disputesagainst the party of the Second Part for any transactions in the past or regarding any moveable goods or valuables in the possession of the party of the Second Part. Both parties acknowledge that in light of this MoU, no civil or criminal action or any legal proceedings shall be instituted by parties of the First Part and Second Part against each other over the issues covered in this MoU. 9. Considering the fact that the issues are settled for once and no useful purpose would be solved based on the allegations raised by the parties, the present Civil Miscellaneous Appeals may be disposed off as being settled. Both parties hereby state that they unconditionally withdraw all allegations levelled against each other in the Original Petitions filed before the Family Court and divorce decree granted by the Family Court shall stand confirmed on terms of Mutual Consent. 10. That both the parties agree to list the Civil Miscellaneous Appeals in C.M.A.No.2268 of 2022 and C.M.A.No.2269 of 2022 before the Hon’ble High Court of Madras in February 2025 for reporting compliance of the present settlement agreement.J. NISHA BANU, J. andR.SAKTHIVEL,J.sk4. Since the Settlement has been arrived between the parties, the Page 7/8 https://www.mhc.tn.gov.in/judis C.M.A.Nos.2268 and 2269 of 2022jurisdictional Sub-Registrar's office at Bangalore shall register the property as per clause 4 and 5 of the above Settlement Agreement.5. The Civil Miscellaneous Appeal is disposed of in terms of the Settlement Agreement dated 09.12.2024 and the same shall form part of the decree. No costs. Post the matter on 30.01.2025 ''for reporting compliance''. (J.N.B,J.) (R.S.V., J.)09.12.2024skToThe VII Additional Judge Family Court, Chennai.C.M.A.Nos.2268 and 2269 of 2022Page 8/8

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