MUKUL CHAUHAN Vs. NEHA AGGARWAL

JUDGEMENT

(1.) This appeal is directed against the order dated 30.04.2019 passed by the Family Court, Faridabad by which respondent No.1 has been given the interim custody of her two minor children.

(2.) In brief, the marriage of the parties was solemnized on 07.11.2011 at Faridabad as per Hindu rites and ceremonies. They were blessed with male twins namely, Atharv and Avyan on 25.11.2015. It is alleged that it was a premature delivery. There was some misunderstanding or incompatibility on the part of both the parties therefore, they decided to part ways amicably by filing a petition under Section 13B of Hindu Marriage Act, 1955 (for short, 'the Act"). The said petition was filed on 28.11.2017 and was assigned the number as HMA/2247/2017. Both the 1 of 11 parties recorded their statements at the first motion stage on 30.11.2017 and the case was adjourned for recording the statements at the second motion on 30.05.2018. However, in the interregnum, they entered into a settlement/agreement on 20.04.2018.

(3.) While the guardianship case bearing GW No.27 of 2018 was fixed for 20.4.2018, the parties to the lis decided to settle their dispute by reducing a settlement into writing on the same day. They decided to live together as husband and wife forever for the sake of their children and it was also decided that they would withdraw the petition bearing HMA/2247/2017 which was fixed for 30.5.2018 as it has become infructuous and also decided that the minor children would not be made subject matter of any kind of litigation and would continue to remain at the present address or any other address where the 1st party (husband) would reside till the dispute is resolved and the custody of the children is decided by any Court of law. The said settlement was produced in the proceedings of HMA/2247/2017 as Ex. C1 and both the husband and wife made a joint statement on 20.4.2018 to withdraw the said petition. The joint statement made by both the husband and wife in HMA/2247/2017 on 20.4.2018 read as under: