Supreme Court - Daily Orders
Kiranjot Singh Rekhi vs Navjot Singh Kumar on 19 February, 2020
Bench: A.M. Khanwilkar, Vineet Saran, Dinesh Maheshwari
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(CIVIL) NO.1638/2018
KIRANJOT SINGH REKHI PETITIONER(S)
VERSUS
NAVJOT SINGH KUMAR RESPONDENT(S)
WITH
TRANSFER PETITION (C) NO.57/2019
NAVJOT SINGH KUMAR PETITIONER(S)
VERSUS
KIRANJOT SINGH REKHI RESPONDENT(S)
O R D E R
1. The parties are present in Court today.
They have amicably settled all the disputes and have reduced the settlement terms into writing in the form of Settlement Agreement, which reads thus:
SETTLEMENT AGREEMENT This Settlement Agreement is executed at New Delhi on this 18 thday of February, 2020 by and between:-
Ms. Kiranjot Singh Rekhi, D/o Kuldeep Singh Rekhi, R/o ‘A’ 803, H.P.C.L Signature Not Verified Digitally signed by CHARANJEET KAUR Date: 2020.02.24 Officers, Apartments, B.K.C, Bandra East, Mumbai - 400 051, 15:47:09 IST Reason: Maharashtra (hereinafter referred to as the “First Party”) 2 AND Mr. Navjot Singh Kumar, S/o Inderpal Singh Kumar, Aged about 31 Years, Occupation: Service, F-601, Windwards, Kaspatewasti, Wakad, Pune-411057 Permanent Resident of:-
R/o B -806, ShubhLabh Heights, M. R. – 9, Ring Road, Indore 452018 Madhya Pradesh. (hereinafter referred to as the “Second Party”) The First Party and Second Party shall together be called Parties, and each individually a Party.
WHEREAS, the marriage between the Parties to the present settlement agreement was solemnized on 7.04.2017 at Gurudwara Shri Guru Nanak Darbar, Indore, Madhya Pradesh according to Sikh (Hindu) rituals and ceremonies.
WHEREAS, there is no child from the said wedlock; AND WHEREAS, due to the marital discord between the parties and irretrievable breakdown of the marriage, certain Court cases and complaints as enumerated in the table below were initiated by the parties against each other;
S.No TITLE AND DESCRIPTION OF THE MATTER
1. NAVJOT SINGH VS KIRANJOT REKHI” (H.M.A. NO. 598 OF 2018) under Section 13(A) of The Hindu Marriage Act, 1955 before the First Additional Principal Judge, Family Court, Indore (Madhya Pradesh)
2. “Kiranjot Singh Rekhi Vs Navjot Singh Kumar” (Petition No. A/0101959/2018) Inter alia under Sec 13(1) (ia) of Hindu Marriage Act Before Family Court, Bandra, Mumbai.3
3. FIR No: 330/2018 registered against the Second Party and his family members at BKC Police Station, Bandra East, Mumbai under Sections 498(A), 506, 504 34, 406 IPC on the complaints of the First Party.
4. Transfer Petition under Section 25 of Code of Civil Procedure titled as “Kiranjot Singh Rekhi Vs Navjot Singh Kumar” filed by the First Party against the Second Party. – TP(Civil) No: 1638/2018
5. Transfer Petition under Section 25 of Code of Civil Procedure titled as “Navjot Singh Kumar Vs Kiranjot Singh Rekhi ” filed by the Second Party against the First Party – TP(Civil) No:
57/2019.
Notice of this Petition has not been issued by the Hon'ble Supreme Court of India to the First Party. AND WHEREAS, with the intervention of respective counsels of the parties; the parties who want to move on with their respective lives have agreed to settle all their differences arising out of the said marital discord amicably amongst themselves and they have decided to dissolve their marriage by mutual consent since the marriage between them has broken down irretrievably and they have been living separately from each other since around 17thApril 2017. AND WHEREAS, the parties have decided to dissolve their marriage by mutual consent subject to the terms and conditions mentioned herein below: -
THEREFORE, THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. That the Second Party has returned to the First Party, the articles contained in the list of articles which is annexed to this agreement herewith as Annexure A.
2. That in lieu of settlement of all the claims of the First Party towards 4 Streedhan, jewelry, clothes, belongings, maintenance, and alimony, the Second Party has agreed to pay an amount of Rs. 6,00,000/-
(Rs. Six Lakhs) to the First Party in the manner indicated below.
3. That the parties have agreed to make a prayer and request under Article 142 of the Constitution of India to the Hon'ble Supreme Court of India for culmination of all the aforesaid pending litigations including grant of decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act and for quashing of the aforesaid FIR against the Second Party and his family members by the Hon'ble Supreme Court of India subject to the Second Party paying the entire amount of Rs. 6,00,000/- (Rs. Six Lakhs) vide Demand Draft. The True Copy of Demand draft bearing number 000609dated 18.02.2020 drawn on HDFC Bank in favour of the First Party is appended herewith as Annexure B to this Settlement Agreement.
4. That upon compliance of all the terms of this Settlement Agreement by the parties, all material claims of the parties against each other would be finally settled.
5. That both the parties agree and undertake that they shall not visit the office/ home/ organization/ place of work/relatives of the other or approach the officers, colleagues, workmates or relatives of the other.
6. That neither Party shall make any defamatory statements (written or oral), allegations and/or accusations against the other.
7. That neither party shall share, circulate, forward etc., the pictures of the other and/or their family members and relatives on social media 5 and/or any other platform inter alia online and digital.
8. That the parties assure and undertake that they have not filed any other Complaint/Case against the other in any other Court of law and/or before any other authority/forum except as detailed above. All other cases/complaints, if filed by either of the party against the other and not disclosed in this Settlement Agreement shall be deemed to be withdrawn on compliance of the present terms by the parties.
9. That the parties have settled all their disputes and differences amicably out of their own volition, not being influenced by any one and in any manner whatsoever.
10. That it has been agreed between the parties that the First Party will not claim any amount from the Second Party in future nor will she file any such claim against the Second Party in any Court of Law for grant of maintenance or claiming stridhan, articles.
11. The parties shall be left with no claims or entitlements against each other on any account whatsoever in the future. All claims and entitlements shall stand satisfied and settled after compliance of the terms of this Settlement Agreement.
12. That in the event the Hon'ble Court Supreme Court of India refuses to accede to the request of the parties under Article 142 of the Constitution of India for culmination of all the pending proceedings here itself and granting of decree of divorce: -
a. The Second Party shall withdraw the divorce Petition filed by him in Indore within seven days of receipt of the certified copy of the Order passed by the Hon'ble Supreme Court of India and 6 thereafter on receipt of order in respect of Withdrawal of the matter filed by the Second Party, the parties shall approach the concerned Court at Mumbai, where the divorce matte filed by the First Party is pending with a joint prayer for converting the contested Petition for divorce to one by mutual consent. The Second Party shall make a payment of Rs. 3,00,000/-(Rs. Three Lakhs) Only out of Rs. 6,00,000/- (Rs. Six Lakhs)by way of demand draft to the First Party at the time of recording of the statement under Sec 13 - (B) 2 of the Hindu Marriage Act. The Parties shall endeavour to approach the Concerned Family Courts at Mumbai as expeditiously as possible preferably within two weeks from the date of receiving of the certified copy of the Orders passed by the Family Court at Indore in divorce Petition filed by the Second Party against the First Party. However, the Second Party shall be at liberty to have the divorce Petition filed by him at Indore revived, if the First Party fails to cooperate in approaching the Family courts at Mumbai as aforesaid. b. The Second Party shall approach the Hon'ble Bombay High Court for getting the FIR and any proceedings connected therewith quashed. The First Party shall give her no-objection for quashing of the aforesaid FIR against the second party and shall cooperate in every manner as required under Law subject to the compliance of the terms of the present agreement by the Second Party. The First Party shall approach the Hon'ble Court for quashing of the FIR within 2 weeks of the date of receiving of the Certified copy of the Divorce Decree from the concerned Family Courts. The Second Party shall pay the balance amount of Rs. 3,00,000/- (Rs. Three Lakhs) by way 7 of demand draft to the First Party at the time of recording of her no objection before the Hon'ble Bombay High Court.
13. This Agreement shall be prepared in Triplicate and one original each will be retained by both the parties and one original shall be filed by the parties in the Hon'ble Supreme Court of India.
14. That the First Party and the Second Party shall perform their respective obligations in terms of the settlement, in letter and spirit. Parties undertake to give statements and undertakings to the Hon'ble Court that they would abide by the terms of the present Settlement Agreement. The present Settlement Agreement shall form part of the Court record granting the divorce by mutual consent. The First party and the Second Party solemnly undertake to remain bound by the said terms, and the said undertaking shall be an undertaking to the Hon’ble Court. In case of breach of the terms of the present Settlement Agreement, the offending party shall be liable for contempt of Court.
IN WITNESS WHEREOF, the parties hereto have signed this Settlement Agreement on the day month and year and at the place first written above in the presence of the following witnesses.
Sd/- Sd/-
_____________ ______________
First Party Second Party
Kiranjot Singh Rekhi (Navjot Singh)
Witnesses:-
1. Sd/- 2. Sd/-
(Kuldeep Singh Rekhi) (Inderpal Singh)
A/803, HPCL Off.Aparts., ‘B’806-Shubh Labh
Bandra Kurla Complex Heights M.R.-09
Bandra(), Mumbai-400051 Ring Road- Indore.
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2. A joint prayer is made by the counsel for the parties on behalf of their respective clients for disposing of the transfer petitions and all proceedings pending between the parties on terms and conditions specified hereinabove, as recorded in the Settlement Agreement.
3. As per settlement arrived at between the parties, a demand draft amounting to Rs.6,00,000/- (Rupees Six Lakhs Only) has been handed over by the husband-Navjot Singh Kumar to the wife-Kiranjot Singh Rekhi today in the Court.
4. Having regard to above, we are satisfied that the settlement entered into between the parties on 18.02.2020 deserves to be accepted and so also the oral prayer made for a decree of divorce by mutual consent in exercise of our powers under Article 142 of the Constitution of India.
5. We, accordingly, grant the decree of divorce by mutual consent as prayed. Undertakings given by the parties in the settlement dated 18.02.2020 are accepted. Accordingly, the marriage between Kiranjot Singh Rekhi and Navjot Singh Kumar solemnized on 07.04.2017 stands dissolved.
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6. In view of above, cases being (i) H.M.A. No.598 of 2018 titled Navjot Singh Vs. Kiranjot Rekhi under Section 13(A) of The Hindu Marriage Act, 1955 pending before the First Additional Principal Judge, Family Court, Indore (Madhya Pradesh); (ii) Petition No. A/0101959/2018) titled “Kiranjot Singh Rekhi Vs Navjot Singh Kumar” under Sec 13(1) (ia) of Hindu Marriage Act Before Family Court, Bandra, Mumbai and
(iii) FIR No: 330/2018 registered against the Second Party and his family members at BKC Police Station, Bandra East, Mumbai under Sections 498(A), 506, 504 34, 406 IPC shall stand withdrawn to this Court and are quashed/disposed of.
7. We once again record and accept the undertaking given by the parties that they will abide by the terms and conditions incorporated in the Settlement Agreement and shall not initiate any further civil or criminal case against each other and/or their family members with regard to the matrimonial alliance.
8. Resultantly, Transfer Petitions are disposed of in the aforementioned terms.
..................,J.
(A.M. KHANWILKAR) 10 ..................,J.
(VINEET SARAN) ..................,J.
(DINESH MAHESHWARI)
NEW DELHI
FEBRUARY 19, 2020
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ITEM NO.16 COURT NO.7 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s). 1638/2018
KIRANJOT SINGH REKHI Petitioner(s)
VERSUS
NAVJOT SINGH KUMAR Respondent(s)
(IA No. 141967/2018 - STAY APPLICATION) WITH T.P.(C) No. 57/2019 (XVI-A) (FOR ADMISSION and IA No.4735/2019-EX-PARTE STAY and IA No.4736/2019-EXEMPTION FROM FILING O.T.) Date : 19-02-2020 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Parties Mrs. Rachna Gupta, AOR Mr. Jasmeet Singh, Adv.
Mr. Vivek Sharma, Adv.
Mr. Yadav Narender Singh, AOR Mr. Neeraj K. Sharma, Adv Ms. Rachna Sharma, Adv.
Ms. Priyanka Dixit, Adv.
Mr. Manoj Tomar, Adv.
UPON hearing the counsel the Court made the following O R D E R Transfer Petitions are disposed of in terms of signed order.
In view of the above, pending application(s) shall also stand disposed of.
(NEETU KHAJURIA) (VIDYA NEGI)
COURT MASTER COURT MASTER
(Signed order is placed on the file.)