D S Vs. K C

JUDGEMENT

(1.) Review Pet. No.252/2017 in LPA 274/2016

(2.) In this case, marriage between the parties was solemnized on 11.02.2008. Out of their wedlock one son, namely, Vivaan was born, who is presently four years of age. The parties have invested in three properties jointly being (i) a Flat No.OL-II-1903, 19th Floor, Block Eldeco Olympia II, Eldeco Utopia, Plot No.003, Sector -93 A, Noida Uttar Pradesh, (ii) a Flat No.SPL/1201, Sikka Karnam Greens, Sector 143B, Noida and (iii) a plot No.D-28 measuring 239.2 sq. yds. LA City, Village Kanswali Kothri, Dehradun. The parties have agreed to seek a divorce by mutual consent. Parties have agreed that the flat in Sector 93, Noida carries a liability of approximately 45 lakhs towards bank loan and property at Dehradun carries a liability of approximately 10 lakhs. It is agreed that the property in Eldeco Olympia II, Noida would fall exclusively to the share of the wife while the flat in Sikka Karnam Greens, Noida would fall exclusively to the share of husband (both free from all encumbrances) and the plot at Dehradun would stand transferred exclusively to the name of the son Vivaan through his legal guardian i.e. his mother. It is expressly agreed that the mother will have no right to sell the property at Dehradun under any circumstances without the concurrence and written consent of the husband. However, on attaining majority, the son would be at liberty to deal with the property in any manner he so chooses. In addition to the above arrangement, the husband will pay Rs.35 lakhs in full and final settlement with respect to all claims, dues and alimony in the following manner.

(3.) It is made clear and understood that the terms of the settlement shall be treated as an undertaking to the court. The parties have been explained the consequences of breach of the undertaking. Parties submit that they have understood the terms of settlement and they have agreed and undertake to sign the same out of their own free will and without any coercion and pressure and agree and undertake to comply with the same in letter and spirit. Parties also agree that in view of the settlement, none of the parties will interfere in their respective lives and not use the past litigations and any observations made in any Court including these proceedings and contents of FIR etc in future either to damage their reputation or otherwise.