DR.V.P.SHARMA Vs. DR. POONAM SHARMA

JUDGEMENT

(1.) This is an unsuccessful plaintiff/applicant's appeal against the order of a learned single judge, rejecting his application (I.A. 9059/2011) for decreeing a pending suit on the ground that the parties had entered into a lawful and binding compromise within the meaning of the expression under Order XXIII, Rule 3, Code of Civil Procedure (CPC).

(2.) The appellant (hereafter referred to as "V.P. Sharma") married the defendant/respondent, Poonam Khanna nee Poonam Sharma (referred to hereafter as "Poonam"); both are doctors. They have a son who is suffering from mental disabilities; though a major, he is incapable of taking his decisions. Consequently Poonam has been declared his next friend and guardian. Due to matrimonial discord and disputes, the parties apparently entered into an agreement on 02.04.2003. In terms of the agreement, first, the custody of the son was to be permanently with the mother without any hindrance from the father; second, the parties agreed to have their marriage dissolved by divorce through mutual consent and third, a property (C -18, Shivalik, hereafter "suit property") in the occupation of Poonam was to be shared in the ratio of 55% by Poonam and 45% by V.P Sharma. This document was registered. The relevant extracts of this settlement deed are as follows:

(3.) The settlement, however, did not end litigation; it spawned several more cases, including criminal complaints, civil proceedings and guardianship applications, etc. The criminal complaints and proceedings initiated by Poonam were quashed by a learned single judge of this court, on 23.01.2009, in CRL.M.C. 3337/2007. In the meanwhile, a mutual consent divorce proceeding, (HMA No. 415 of 2003) was filed; this culminated in a decree of divorce being issued, dissolving the marriage of V.P. Sharma and Poonam. Guardianship proceedings too culminated in the permanent guardianship of Manu Khanna, the son, being granted to his mother Poonam.