Through: Respondent in person.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA MR. JUSTICE S. RAVINDRA BHAT %
1. This is an unsuccessful plaintiff/applicant's appeal against the order of a learned single judge, rejecting his application (I.A. 9059/2011) for decreeing a pending suit on the ground that the parties had entered into a lawful and binding compromise within the meaning of the expression under Order XXIII, Rule 3, Code of Civil Procedure (CPC).
2. The appellant (hereafter referred to as "V.P. Sharma") married the defendant/respondent, Poonam Khanna nee Poonam Sharma (referred to hereafter as "Poonam"); both are doctors. They have a son who is suffering from mental disabilities; though a major, he is incapable of taking his decisions. Consequently Poonam has been declared his next friend and FAO (OS) 446/2013 Page 1 guardian. Due to matrimonial discord and disputes, the parties apparently entered into an agreement on 02.04.2003. In terms of the agreement, first, the custody of the son was to be permanently with the mother without any hindrance from the father; second, the parties agreed to have their marriage dissolved by divorce through mutual consent and third, a property (C-18, Shivalik, hereafter "suit property") in the occupation of Poonam was to be shared in the ratio of 55% by Poonam and 45% by V.P Sharma. This document was registered. The relevant extracts of this settlement deed are as follows: