The High Court of Delhi dismissed the plaintiff's application seeking modification of compromise terms. The plaintiff requested immediate payment of Rs. 5 Lakhs due to breakdown of family relations, but the court held there was no justification to alter the agreed terms.
Application for modification of compromise terms and immediate payment is dismissed.
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..... Defendant
..... Defendant Through: Mr. Darshan Paliwal & Mr. Arun Kumar Tanwar, Advocates. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI O R D E R % 23.05.2016 I.A. No. 6553/2016 By this application, the plaintiff seeks modification of the compromise terms which were accepted by the Court and the suit disposed of in terms thereof on 05.10.2015. The submission of learned counsel for the plaintiff is that the defendants have ceased all relationship with the plaintiff. Even the mother is not willing to meet the plaintiff. He submits that in these circumstances, the amount of Rs.5 Lakhs which the defendant No.2 has undertaken to pay to the plaintiff at the time of marriage of the daughter of the plaintiff, should be directed to be paid to the plaintiff at this stage itself.
Through: Mr. Darshan Paliwal & Mr. Arun Kumar Tanwar, Advocates.
Learned counsel for the defendant puts in appearance on advance notice. He states that the mother of the plaintiff is not willing to meet him and he has made a complaint to the police also in this regard. He submits that the defendants shall abide by their undertaking and shall pay Rs.5 Lakhs at the time of marriage of the plaintiff’s daughter. In these circumstances, I find no justification to modify the terms of the compromise which were arrived at between the parties voluntarily and on their own. The application is dismissed. VIPIN SANGHI, J MAY 23, 2016 B.S. Rohella
1 issue framed by the court
Whether the terms of a compromise arrangement regarding a Rs. 5 Lakh maintenance obligation should be modified to allow immediate payment due to cessation of family relationships.
SNEHLATA KATARIA
RAJBALA
VIPIN SANGHI
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
