Manali Singhal & Anr Vs. Ravi Singhal & others, AIR 1999 Delhi 156
Before Delhi High Court
Bench– Mohd. Shamim, J.
Decided on: 1st October 1998.
Counsels for plaintiff- Mr. Arun Jaitely, Sr. Adv., Mr.D.N. Goverdhan and Ms. Pinki Anand
Counsels for Defendant- Mr. Y.P. Narula and Mr. Kirti Uppal
Brief Facts– The wife and husband are the plaintiff and defendant respectively in this case. The wife took her mother abroad for her treatment, when she came back her husband appraised her of the fact that he did not want to live with her anymore and deserted her. Both entered into a family settlement where the husband agreed to pay the wife 40,000/- per month as maintenance and school fees of their daughter. Later on, the husband deliberately defaulted in performing his obligation.
Issue– Whether the agreement was made under free will of the husband?
Arguments by Defendant–
- The agreement was the result of Undue Influence, Coercion, and Duress.
- The agreement was made without any consideration on part of the plaintiff.
- The amount of maintenance was beyond the financial capacity of the defendant.
Arguments by Plaintiff –
- The said settlement was made in order to avoid conflicts, bickering, and acrimony in the family relations and to bring peace and harmony in the family, thus was not a result of Undue Influence, Coercion, and Duress.
- The consideration in such type of settlements is love and affection, peace and harmony and satisfaction.
Held – The agreement was made without any coercion or undue influence and was held valid as the agreement was made in presence of an equal number of persons from both the sides and the husband was bound to pay the maintenance.
(This brief was prepared and submitted to LawBriefs.in by Kunal Rawat, Student at Gujarat National Law University.)