Supreme Court - Daily Orders
P. Sai Sindhu vs M. Krishnamaraju on 17 October, 2022
Bench: D.Y. Chandrachud, Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No 1554 of 2021
P Sai Sindhu … Petitioner
Versus
M Krishnamaraju … Respondent
ORDER
1 During the course of mediation proceedings before the Supreme Court Mediation Centre, a Settlement Agreement has been arrived at between the petitioner and the respondent on 17 September 2022. The agreement has been signed by the petitioner and the respondent; by counsel appearing on their behalf and by the Mediator. The Settlement Agreement is extracted below :
“SETTLEMENT AGREEMENT This Settlement Agreement ("Settlement Agreement"') is entered into between P. Sai Sindhu, D/o Mr P Venkata Narasaiah, R/o 10-155/1, New Venkayeshwara Colony, Jilleaguda, Balapur Mandal, Hyderabad, 500079 (herein after referred to as the 'Petitioner') and M Krishnamaraju, S/o Late R Muralee, R/o No. 75/57, 80 Feet Road, B Block, Thanickachalam, Nagar, Chennai, Tamil Nadu 600110 (herein after referred to as the 'Respondent').
The marriage between the parties to the Settlement Agreement was solemnised as per Hindu rites and customs at Chennai on 17.08.2018. The parties have no children. Over a period of time disputes arose between the parties. Irreconcilable differences between the parties have caused a breakdown of their marriage and they separated on or about February 2019 and since then have been living separately.Signature Not Verified Digitally signed by
Vide order dated 02-05-2022 passed by Hon'ble Mr. Justice GULSHAN KUMAR ARORA Date: 2022.10.19 16:39:05 IST Reason: C.T. Ravikumar, this matter was referred for mediation to the Supreme Court Mediation Centre.
Comprehensive Mediation Sessions, both joint and separate 2 sessions, were held with the parties and their counsels on 18.05.2022, 28.05.2022, 17.08.2022, 29.08.2022, 03.09.2022 and 14.09.2022.
The parties have voluntarily agreed to resolve their differences through mediation and have agreed to enter into a final settlement agreement on the following terms and conditions:-
1. Both the parties hereto agree, voluntarily and of their own free will, not to live together as husband and wife in future. Both the parties have decided to part ways by seeking divorce through mutual consent for which the parties through their Advocates shall file appropriate application(s) in this case before the Hon'ble Supreme Court of India.
2. The following cases are pending before the courts :
• (a) CC no. 7134/ 2019 pending before Illrd Addl. Metropolitan Magistrate, Cyberabad at L.B. Nagar for FIR No. 184/2019 dated 14.00.2019 u/s 498A, 354 IPC and 3,4 DP Act filed by the Petitioner before the Women Police Station Saroornagar, Hyderabad. • (b) Domestic Violence Case filed by the Petitioner before Ld.ll Metropolitan Magistrate, RR District, LB Nagar, DVC No 123 of 2019 • (c) Petition under sec 125 Cr.PC vide MC No. 152/2019 filed by the Petitioner before the Family Court, Rangareddy District Hyderabad • (d) Divorce Petition OP, Case No. 614 of 2019, Filing No 2240/2019 filed by Respondent before the Sub Court, Thiruvallur District.
3. The parties agree that the Respondent shall give to the Petitioner, a sum of Rs. I4,00,000/- (Rupees Fourteen Lakhs Only) as full and final payment for alimony, past present and future obligations.
4. The parties agree that the Respondent will return to the petitioner the items, as is, as mentioned in Annexure A of the Settlement Agreement, and the Petitioner will return the things mentioned in Annexure B to the Respondent when they go to pick up their things.
5. The parties agree that they will come to the Supreme Court Mediation Center on 17·09.2022 at 11 am to sign this Settlement Agreement. On 17.09.2022 after signing the Settlement Agreement, the Respondent 3 give the first instalment of Rs.7,00,000. He shall give a demand draft of Rs. 7,00,000 (Rs. Seven Lakh only) to the Petitioner drawn in favour of Pasupuleti Sai Sindhu.
DD no. 226459, dated 15.09.2022, made by N. Adi Lakshmi on behalf of the Respondent.
6. The parties agree that within two weeks of signing the Settlement Agreement, the Petitioner will withdraw the cases mentioned in para 2(b) and (c) of this Agreement and provide proof of it to the Respondent and his advocate.
7· The parties agree that within one week of withdrawal of the cases by the Petitioner, mentioned in the above paragraph, the Petitioner along with her father shall go to the Defendant's residence in Chennai and pickup the Petitioner's personal belongings, as mentioned in Annexure A of this agreement, and take them to her residence in Hyderabad at her expense. The date to rick up her belongings, would be the Saturday next week after the cases have been withdrawn.
8. The parties agree that within one week of picking up of her personal belongings from Chennai as mentioned above, the Petitioner shall make efforts to withdraw the case mentioned in para 2(a) of this Settlement Agreement (CC No. 7134/2019 pending before the IIIrd Addl Metropolitan Magistrate). If in case, the court doesn't entertain the same, the parties shall move a joint application for it before the Hon'ble Supreme Court along with application seeking divorce by mutual consent. The Respondent shall withdraw the case mentioned in para 2(d) of this Agreement within this time period, and each will provide proof of the withdrawal of cases to the other party and respective advocate.
9. Both the parties agree to apply for withdrawal of all the pending cases besides the ones mentioned above, if any, against each other before any court of law or any other forum, even if other party has no knowledge of it. They agree to take all necessary steps and cooperate with each other to withdraw the same before the filing of the Petition for divorce by mutual consent.
10 It is also agreed between the parties that within two weeks of withdrawal of cases mentioned above, the parties will jointly, through their advocates, by way of a Joint Application, request and pray for divorce by 4 mutual consent under Article 142 of the Constitution of India before the Hon'ble Supreme Court of India. They also agree that the Respondent shall pay the Petitioner (Rs 7,00,000) Seven Lakh only, via RTGS, which is the remaining amount of the fourteen lakh mentioned in para 3, on the date the divorce is granted. The account detail of Petitioner-
Pasupuleti Sai Sindhu AcNo 919010082601788 IFSC UTIB0000733 Axis Bank, Hyderabad, 500032 Mobile 6302943913
11. In case the divorce is not granted by the Hon'ble Supreme Court, the parties will file a petition for divorce by mutual consent before the Family Court as directed by the Supreme Court, within 2 weeks of such non-grant of divorce by the Hon'ble Supreme Court. The parties also agree to file an application for waiver of waiting period for second motion u/s 13-B(2) of the HMA and seek a decree of divorce immediately, at the time of first motion. The Respondent will transfer (Rs.7,00,000) Rs. Seven Lakh, to the Petitioner, via RTGS as per account details mentioned above, on the date the divorce is granted.
12. It is also agreed that going forward both parties shall conduct themselves in a proper manner and treat each other with dignity and shall not speak ill or cast any aspersions about each other or their respective families.
13. Both the parties agree that they shall not file any proceedings, whether criminal or civil, emanating from this matrimonial matter, against each other or their family members in any forum, or stake any claim on the movable or immovable, joint or ancestral, self-acquired or HUF properties of either party or their family.
14. Both the parties have agreed that in case any party does not fulfill any of the terms mentioned in the present Settlement Agreement, the other party shall have the right to initiate legal/ appropriate proceedings against the other party in default.
15. By signing this Agreement, the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all their 5 disputes and differences have been amicably settled by the parties hereto through the process of Mediation.
16. The parties undertake before this Hon'ble Court to abide by the term and conditions set out in the abovementioned Agreement, which have been arrived at without any coercion, duress or collusion.
17. The terms of this Settlement Agreement have been discussed by both the parties with their respective Counsels, who were also present during Mediation, prior to signing.
18. It is agreed between both the parties that this Settlement Agreement supersedes all prior discussions, meetings and agreements related to this matter.” 2 A joint request has been made before this Court by the parties and their counsel for the grant of divorce to the parties by mutual consent. Hence, in exercise of the jurisdiction under Article 142 of the Constitution of India, there shall be a decree for divorce by mutual consent.
3 The Registry shall accordingly draw up the decree expeditiously.
4 Having due regard to the settlement agreement which has been arrived at between the parties, it is not expedient in the interests of justice to continue with the proceedings in CC No. 7134 of 2019 pending before the III rd Additional Metropolitan Magistrate, Cyberabad at L.B. Nagar arising out of FIR No 184/2019 (under Sections 498A and 354 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act). Accordingly, proceedings in CC No. 7134 of 2019 shall stand quashed.
5 The Transfer Petition and the IA are accordingly disposed of.
6 The Court records its appreciation of the efforts which have been rendered by Ms. Anupama Ahluwalia, Advocate/Mediator who facilitated the settlement.
67 The respondent shall comply with all the remaining obligations in terms of the Settlement Agreement.
8 Pending application, if any, stands disposed of.
…..…..…....…........……………….…........J. [Dr Dhananjaya Y Chandrachud] …..…..…….…….....……………….…….....J. [Hima Kohli] New Delhi;
October 17, 2022
- GKA -
7ITEM NO.27 COURT NO.2 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). 1554/2021
P. SAI SINDHU Petitioner(s)
VERSUS
M. KRISHNAMARAJU Respondent(s)
IA No. 112910/2021 - EX-PARTE STAY
IA No. 41468/2022 - STAY APPLICATION)
Date : 17-10-2022 These matters were called on for hearing today.
CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Gollamudi Sri Harsha Datta, Adv.
Mr. Ashish Virmani, AOR For Respondent(s) Mr. M.P. Parthiban, AOR UPON hearing the counsel the Court made the following O R D E R 1 The Transfer Petition and the IA are disposed of in terms of the signed order.
2 The Court records its appreciation of the efforts which have been rendered by Ms. Anupama Ahluwalia, Advocate/Mediator who facilitated the settlement.
4 Pending application, if any, stands disposed of.
(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR)
AR-CUM-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)