MANISH KALRA Vs. SHILPIKA KALRA

JUDGEMENT

(1.) When the above matters are called out, we are informed that the parties have settled their disputes as recorded in the Consent Terms dated 1 st August, 2023. The Consent Terms inter alia provide that the husband (Mr.Manish Kalra) shall pay to the wife (Mrs.Shilpika Kalra) an amount of Rs.8,25,00,000.00 in the manner more particularly set out in paragraph 7 of the Consent Terms. The entire payment is to be effected by 24 th August, 2023. The Consent Terms also provide that in the event the entire amount is paid, then, all allegations made by the parties against each other shall stand withdrawn and the marriage of Mr.Manish Kalra and Mrs.Shilpika Kalra solemnized on 28 th July, 2007 shall stand dissolved by a Decree of divorce by mutual consent under Sec. 13B of the Hindu Marriage Act. Certain other things are also required to be done once the entire payment is done.

(2.) Clause 9(r) further provides that in the event the husband defaults in making payment on or before the respective dates as set out in the Consent Terms, then (i) the terms as agreed to in Clause 9 of the Consent Terms shall not have any effect and the parties shall be at liberty to continue their own proceedings, including the present Appeals [and applications filed therein] on its own merits.

(3.) In compliance of Clause 7 of the Consent Terms, a Demand Draft of Rs.25.00 Lakhs as well as another Demand Draft of Rs.2.00 Crores has been handed over by the husband to the wife today which the wife has accepted. Though not provided in the Consent Terms, the parties have agreed before us that the amount of Rs.2,25,00,000.00 [out of Rs.8,25,00,000.00], and which is handed over to the wife today, shall under no circumstances be returned back to the husband. In other words, if the husband defaults in making payment of any other installment, then, Clause 9 (r) of the Consent Terms would kick-in and additionally, the wife will be entitled to retain the amount of 2,25,00,000/- paid to her today.