Ashish Gupta-Compromise Deed
Ashish Gupta-Compromise Deed
AND WHEREAS the second party has filed the petition U/s 12 of
PWDV Act against the first party and his family members before the
Hon’ble Court of Ms. Richa Manchanda, M.M., Mahila Court, Rohini,
Delhi, and the same is fixed for 30.05.2019.
AND WHEREAS the second party has filed the petition U/s 125
Cr.P.C against the first party and his family members before the
Hon’ble Court of Ms. R.S. Nag, Judge, Family Court, Karkardooma
Court, Delhi, and the same is fixed for 13.05.2019.
AND WHEREAS the First party has filed the Divorce petition U/s
13(1)(i-a) of HMA against the Second party and the same is pending
before the Hon’ble Court of Dr. S. K. Jain, Principal Judge, Family
Court, Rohini Court, Delhi for 01.06.2019.
AND WHEREAS the second Party has also lodged the Criminal
Complaint against the first party and on the basis of the said
complaint, an FIR bearing No. 749/16, u/s 323/341/506, P.S. Seema
Puri was registered against the First party and the same is pending
before the concerned M.M. Karkardooma Court, Delhi for 16.05.2019.
AND WHEREAS the Father of First party has filed the Civil Suit
for permanent injunction against the First Party and the Second Party
and the same is pending before the Hon’ble Court of Sh. ………., CJ,
Rohini Court, Delhi for 30.05.2019.
AND WHEREAS the second Party has also lodged the Criminal
Complaint before concerned CAW Cell against the first party and his
family members and on the basis of the said criminal complaint, an FIR
bearing No.778/16, U/s 498A/406/506/34 IPC at P.S. Seema Puri was
registered against the First party and his family members and the same
is still pending for investigation.
1. That both the parties have decided to get their marriage dissolved
by way of decree of divorce by mutual consent and both the
parties have agreed that they shall not file any type of case/
complaint against each other and their family members before
the court of law and police authorities after execution of this
present compromise/settlement deed.
2. That as per the terms and condition of the compromise deed, the
First party has agreed to return admitted Jewellery as per
Annexure-A and personal belonging of the Second Party whatever
lying in the possession of the first party to the Second party and
the second party has also agreed to return the jewellery of the
First party to the First party.
3. That the second party/wife has settled all her remaining claims
i.e. Jewellery Istridhan, household articles and present, past and
future maintenance and permanent alimony on behalf of herself
and on behalf of minor daughter namely “Arohi Gupta” and any
other claims in respect of the marriage against total consolidated
amount of Rs.70,00,000/- (Rupees Seventy Lakhs Only).
a. That both the parties shall file joint petition u/s 13 (B) (1) HMA
for taking Divorce by mutual consent within 15 days after
execution of the present compromise deed.
b. That as per the terms and condition of the compromise deed, The
first party/husband shall pay the first installment of a sum of
Rs.20,00,000/- (Rupees Twenty Lakhs Only) by way of Demand
Draft/Pay order in the name of Reema Gupta/Second Party to
the Second Party at the time of recording of the Joint statement
of the first motion of the divorce petition U/s 13(B)(1) HMA before
the concerned Family Court. It is further agreed that both the
parties shall also exchange their jewellery as per Annexure-A and
B before the concerned Hon’ble Family Court in the presence of
their counsels and their parents.
6. That it is further agreed between the parties that both the parties
shall withdraw the cases/ complaint/ appeals and any other
litigations filed by them against each other after recording of the
statement of petition u/s. 13 (B) (1) of HMA in the view of the
terms and conditions of the settlement.
7. That it is further agreed that the First party and the second party
shall file the joint petition u/s. 13 (B) (2) of HMA alongwith the
application for Special leave for waiving of the stipulated period of
six months within 15 days before the concerned Hon’ble Family
Court, Rohini, Delhi. If in case, the Hon’ble Court does not allow
the application for waiving of the stipulated period, then, both
parties shall file the joint petition u/s. 13 (B) (2) of HMA within a
week after expiry of the stipulated period of six months and the
First Party shall deposit a sum of Rs.50,00,000/- (Rupees Fifty
Lakh Only) by way of DD/ pay order in the name of the second
party at the time of recording of the Joint statement in Second
motion of the divorce petition U/s 13(B)(2) HMA in the safe
custody of judicial file of Hon’ble Family Court, Rohini, Delhi. The
first party shall revalidate the DD/Pay order of Rs.50,00,000/- if
required. That both the parties shall be bound with the terms
and conditions of the present compromise deed and shall
cooperate for obtaining the decree of divorce by mutual consent
before the concerned Family Court, Rohini Court, Delhi.
10. That as per the terms and condition of compromise deed that if
Second Party shall not cooperate at the time of quashing of the
above said FIR then the second party shall have no right to
receive/withdraw the deposited DD/pay order of sum of
Rs.50,00,000/-(Rupees Fifty Lakh Only) from the concerned
Hon’ble Family Court and as per the terms and conditions the
first party shall have right to withdraw the deposited pay order of
Rs.50,00,000/- from the concerned family Court.
12. That it has also been agreed between the parties that their minor
daughter namely “Arohi Gupta” shall remain in care and custody
of Second Party and the First Party and his family members shall
never claim any visitation and custody of the child before any
court of law or authority. The Second Party shall take care and
custody of minor daughter ‘Arohi Gupta’ until she attains the age
of majority.
13. That it has been further agreed between the parties that after the
divorce, the Second Party shall act as sole/single
parent/guardian for the minor child “Arohi Gupta” and all the
rights and duties related to the child shall devolve in the Second
Party soon after the grant of divorce including the right of
education, right to apply for passport as a single
parent/guardian, right to obtain visa for any country and all
other rights and duties for the welfare of minor child. The Second
Party shall also have right to get admission of the minor daughter
being a single parents in school/college and all other authorities
and activities, etc. as per the requirement of the rules/law.
14. That if either of the party has filed any complaint which is not in
the knowledge of the either of the parties in any court of law,
police, or any other authority either in New Delhi or in Part of
India, then it shall deemed to be considered as compromised and
withdrawn and shall not have any legal effect.
15. That it is agreed between the parties that if either of the party
commit breach or default of the mutual agreed settlement after
recording of the first motion, or if second party backs out from
the terms of the settlement agreement dated ….04.2019, then the
amount taken at the time of first motion, second motion shall be
returned to the first party with 2% interest per month and if first
party backs out, the amount given at the time of first motion,
second motion shall stands forfeited by the second party. It is
further agreed between the parties that for breach of undertaking
given to the concerned court of willful/deliberate violation of a
consent order/decree, the defaulting party will be liable to be
punished/penal consequences for contempt of court.
16. That the parties shall remain bound with the terms and
conditions as mentioned in the above said settlement deed if in
case either party does not fulfill any term and condition of this
compromise deed at any stage then aggrieved party shall have
right to take appropriate legal action against the defaulter before
the court of law/authority according to law.
17. It is agreed between the parties that they have understood the
terms and conditions of the settlement in vernacular.
18. That the above said settlement is arrived at between the parties
out of their own free will and consent without any fraud,
pressure and coercion and the parties have signed it in my
presence.
Accepted
2.