KANCHAN Vs. HEMANT RAZAK

JUDGEMENT

(1.) The present appeal assails the order dtd. 26/3/2025 ( "impugned order ") passed by the learned Family Court-02, South District, Saket Courts, New Delhi ( "Family Court ") in Execution Petition No.15/2024. By the impugned order the execution petition instituted by the appellant/decreeholder seeking enforcement of the Settlement Agreement dtd. 5/7/2013 was dismissed on the ground that the Settlement Agreement did not require the respondent to transfer the first floor of property bearing No.11-285, DDA Flats, Madangir, Pushpa Vihar, New Delhi-110062 in favour of the appellant and merely permitted her to continue residing therein.

(2.) Briefly stated, the appellant and the respondent solemnised their marriage on 22/8/2008 according to Hindu rites and ceremonies. Out of the said wedlock, a daughter, namely Jasmine, was born on 1/6/2010. The parties resided after their marriage at property bearing No.11-285, DDA Flats, Madangir, Pushpa Vihar, New Delhi-110062. Owing to ideological issues, matrimonial discord and differences, they were unable to resume cohabitation and started residing separately in or around September, 2011. The parties ultimately decided to dissolve their marriage by way of mutual consent. Their First Motion Petition under Sec. 13B(1) of the Hindu Marriage Act, 1955( "HMA "), bearing No.1142/2012, was allowed on 13/12/2012, whereafter they proceeded to settle their remaining matrimonial, financial and custodial claims before seeking dissolution of the marriage through the second motion.

(3.) The parties executed a Settlement Agreement dtd. 5/7/2013 recording that all their disputes and claims had been mutually and amicably settled between the parties. The Settlement Agreement provided that the custody of the minor daughter would remain with the appellant, who would be responsible for her care, welfare, upbringing, education and marriage, and that the respondent would not claim any right in respect thereof in future. It further recorded that the appellant would not claim any amount from the respondent towards maintenance or permanent alimony, would not seek reimbursement of the expenditure incurred either on herself or upon the daughter, and that the respondent would not make any payment to the appellant apart from giving the first floor of property bearing No.11-285, DDA Flats, Madangir, Pushpa Vihar, New Delhi-110062, where the appellant was residing with the daughter, while the respondent was residing on the ground floor of the same property. The Settlement Deed thus embodied the terms upon which the parties agreed to resolve all their matrimonial, financial and custodial disputes before seeking dissolution of their marriage by mutual consent.