ASHISH KAPOOR Vs. BARKHA KAPOOR

JUDGEMENT

(1.) C.M. No.54379/2018 (for exemption)

(2.) Learned counsel for the petitioner contends that the marriage of the petitioner and the respondent was solemnized, as per Hindu rites and customs, on 23.04.2008 but due to temperamental differences, they started residing separately. The petitioner filed a divorce petition against the respondent being HMA case No.543/2017 under Section 13 (1-ia) of Hindu Marriage Act, 1955 ('HMA'). The matter was referred to the mediation where a settlement agreement dated 10.11.2017 was arrived at between the parties. It was settled that the petitioner shall pay Rs.6 lacs to the respondent and also execute a gift deed in the name of his son, Mayank Kapoor, for his 50 per cent share in the property being Flat No.1/6258, Second Floor, Gali No.4, East Rohtash Nagar, Shahdara, Delhi-110032. Further, it was settled that the parties would part company of each other and shall obtain a decree of divorce by mutual consent.

(3.) Pursuant to the settlement, a divorce petition by mutual consent under Section 13-B (1) of HMA, being HMA No.255/2017 was filed, which was disposed of on 08.01.2018 with the following order :-