RAVI SINGHAL Vs. MANALI SINGHAL

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are filed against judgment and order dated 28-7-2000 passed by the Division Bench of the Delhi High Court in FAO (OS) No. 9 of 1999 and order dated 24-11-2000 in R.A. No. 1419 of 2000, preferred against an interim order dated 28-10-1998 passed earlier by a learned single Judge. The appellants herein are defendants in Suit No. 2583 of 1997 on the file of original jurisdiction of the High Court of Delhi, having been filed by the respondents herein for the enforcement of an alleged Family Settlement entered into between the parties on 4-11-1994. The facts in brief are as under. The first appellant, Ravi Singhal, married the first respondent on 10.2.1989. The second respondent is their daughter born on 18-3-1991. After the marriage, the first respondent was staying with the appellants in her matrimonial home at Vasant Vihar in New Delhi. It seems that the marriage ran into rough weather by 1994. The first respondent had to accompany her mother for treatment abroad and she returned with her mother to India on 31-10-1994 and according to the first respondent, when she arrived in Delhi she was informed by the first appellant that he did not want to continue the marital relations. The first appellant, on the other hand, would say that on arrival from abroad the first respondent went straight to her parents' house. There was no possibility of any re-conciliation between the parties and the relationship continued to be sour. The first respondent along with second respondent left the matrimonial home at Vasant Vihar and started living with her parents. It appears that there were negotiations between the parties to arrive at some settlement and on 4-11-1994, a written agreement was entered into between the parties. All the appellants herein signed the agreement. A true copy of the agreement is produced as Annexure P-7. The appellants do not dispute the genuineness of the agreement. It has been contended by the first appellant in the written statement filed by him before the High Court that the agreement entered into on 4-11-1994 is void and not liable to be specifically enforced as the appellants had signed the same under duress and not with free consent. According to the appellants, the mother of the first respondent was brought to India on 31.10.1994 and as she was critically ill and she was admitted in All India Institute of Medical Sciences and the first respondent insisted the appellants to sign the Settlement Deed as she wanted to show the signed agreement and satisfy her mother that every dispute was settled. According to the first appellant, the agreement signed by him on 4-11-1994 was not intended to be acted upon and it was merely a paper transaction.

(3.) As per the alleged agreement, the appellants are bound to discharge certain obligations. The nomenclature of the agreement is shown as "Memo of Settlement" and as per clause (1) of the agreement, the appellants are to provide a residential house in South Delhi to the respondents while clause (2) says that the appellants have to provide a sum of Rs. 40,000/- per month to the respondents, free of income tax, for the maintenance and upbringing of the daughter and also for the maintenance of the first respondent. There are other clauses in the agreement by which the appellants are required to meet expenses for the education of the second respondent and the first appellant is to provide expenses for a vacation abroad once a year for a period of thirty days to the respondents. The first appellant is also to meet the medical expenses of the respondents and to provide a car to them. As regards custody of the second respondent, it was agreed that she would stay with the mother.