Supreme Court - Daily Orders
Aman Bhagat vs Dr. Ankita Jaiswal on 16 January, 2025
Bench: Sudhanshu Dhulia, Prashant Kumar Mishra
1
IN THE SUPREME COURT OF INDIA
CIVIL/CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (S) (C) NO. 1574/2024
AMAN BHAGAT Petitioner(s)
VERSUS
DR. ANKITA JAISWAL Respondent(s)
WITH
TRANSFER PETITION (CRL.) NO. 542 OF 2024
WITH
TRANSFER PETITION (CRL.) NO. 1069 OF 2024
ORDER
The marriage between the petitioner and the respondent was solemnized on 09.02.2023. But they remained as husband and wife for barely 15 days, as their relationship got strained and since then they have been living separately. Subsequently, the respondent – wife filed a Divorce Petition being C.S. No. 276A of 2024 and maintenance case, being M.J.C. No. 342 of 2024 Signature Not Verified Digitally signed by before the Family Court at Bilaspur, Chhatisgarh. By now Jayant Kumar Arora Date: 2025.01.22 17:35:47 IST Reason: multiple cases have been filed between the parties.
2During the course of hearing, efforts were made to bring about a mutual settlement and vide order dated 22.07.2024, with the consent of the parties, the matter was referred to the Supreme Court Mediation Centre for an amicable settlement of the disputes. By virtue of the mediation and the efforts of both the parties, the settlement has been arrived at between the parties.
The parties were sent to Ld. Registrar II (Judl. Admn.) for recording of statements in view of the settlement and Ld. Registrar was asked to prepare a report after going through the terms of the settlement agreement. Consequently, the Ld. Registrar has filed a Report stating that he had interacted with the parties and there is no chance of them living together.
Therefore, now parties have filed a joint application for Divorce by mutual consent under Article 142 of the Constitution of India. The statement of parties before the Ld. Registrar and terms of the Settlement Agreement dated 04.12.2024 are reproduced as under : “STATEMENT OF THE PARTIES This Hon’ble Court vide order dated 10th January, 2025, has directed us, the parties to the aforesaid 3 transfer petitions, to appear before the concerned Registrar (Judicial) on 15th January, 2025, at 11.00 a.m. for interaction, recording of statement in view of the Settlement Agreement and to confirm that the parties are agreeable to the settlement. The order further directed that the concerned Registrar (Judicial) shall go through the terms of the Settlement Agreement and prepare a Report to be placed before the Hon’ble Court.
These transfer petitions will be listed on 16 th January, 2025, and we have been directed to appear in-person on the said date.
In compliance with the order dated 10th January, 2025, we, Aman Bhagat (petitioner), Ankita Jaiswal (respondent) along with our respective Advocates on-
record appeared before the Registrar-II (Judl. Admn.) on the stipulated date and time for the purpose of interaction and recording this statement.
JOINT STATEMENT OF Aman Bhagat S/o Dr. Bipin Kumar Bhagat, R/o House No.15, Dwarika Vihar, Kanke Block Chowk, Kanke, District Ranchi, Jharkhand – 834006.
AND 4 Dr. Ankita Jaiswal, W/o Mr. Aman Bhagat, R/o Main Road, High Schook Chowk, Ratanpur Police Station, Ratanpur Tehsil, Ratanpur District, Bilaspur, Chhattisgarh.
We, the parties herein, submit that the marriage between us, was solemnized as per Hindu rites and customs on 9th February, 2023, at Ranchi, Jharkhand. On account of incompatibility and temperamental differences, the parties herein are living separately since 23rd March, 2023. There is no child born out of wedlock. Due to differences and dispute, following cases have been filed, which are subject-matter of these transfer petitions :
(1) C.S. No.276A of 2024 under Section 13(1A) of the Hindu Marriage Act, 1955, filed by Ankita Jaiswal, which is pending before the Principal Judge, Family Court, Bilaspur, Chhattisgarh.
(2) M.J.C. No.342 of 2024 under Section 125 of the Code of Criminal Procedure, 1973, filed by Ankita Jaiswal, which is pending before the Principal Judge, Family Court, Bilaspur, Chhattisgarh.
(3) Case No.5 of 2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, filed by Ankita Jaiswal, which is pending before the IInd Civil Judicial Class-II, Kota, Bilaspur, Chhattisgarh.
Apart from the abovesaid cases, the following cases/complaint are also pending between the parties:
5(i) F.I.R. No.264/2024, P.S. Kanke, Ranchi, Jharkhand, under Sections 385/387/323/504/506 read with Section 120(B) of the Indian Penal Code, 1860, by Ms. Sapna Choudhary, mother of Aman Bhagat against Ankita Jaiswal, her parents and relatives.
(ii) Complaint Case No.19741/2024 under Sections 307/323/325/352/384/406/417/500/504/506 read with Section 120(B)/34 I.P.C. and Section 25(1-B) of the Arms Act, filed by Ms. Sapna Choudhary, mother of Aman Bhagat against Ankita Jaiswal, her parents and relatives, which is pending in the Court of Chief Judicial Magistrate, Jharkhand.
(iii) D.V. Case No.17592/2024 under Sections 12 and 43 of the Domestic Violence Act, 2005, filed by Ms. Sapna Choudhary, mother of Aman Bhagat against Ankita Jaiswal, her parents and relatives, which is pending in the Court of Chief Judicial Magistrate, Jharkhand.
Case No.284 of 2024 under Section 9 of the Hindu Marriage Act was filed by Aman Bhagat in the Court of the Principal Judge, Family Court, Ranchi, Jharkhand, and the said case was dismissed on 29th August, 2024. No appeal has been filed against the order of dismissal.
As stated above, one of us (Aman Bhagat) has filed the aforesaid three transfer petitions seeking transfer of the cases, as mentioned therein. This Hon’ble Court, on 22nd July, 2024, referred the matter to the Supreme Court Mediation Centre. After various mediation sessions, on 4th December, 2024, we have 6 arrived at an amicable settlement and entered into the present Settlement Agreement at the Supreme Court Mediation Centre, which has been duly signed by us in the presence of our respective Advocates. We, the parties, have agreed that, to put an end to the matrimonial bond and the litigation between us, as full and final settlement, an amount of Rs.4,00,000/- (Rupees four lakhs only) will be paid by the petitioner (Aman Bhagat) to the respondent (Ankita Jaiswal) and the respondent (Ankita Jaiswal) undertake not to claim in any manner permanent alimony, maintenance (present, past and future) from the petitioner (Aman Bhagat). The terms and conditions for dissolution of marriage by mutual consent have been recorded in the Settlement Agreement dated 4th December, 2024, arrived between us, the parties herein, which read thus:
“I. It has been agreed between the parties that both the parties will have divorce by mutual consent and will co-operate in completion of all the legal and other court formalities.
II. First Party/Husband has returned all the gifts and Istridhan of the Second Party/Wife on 31.03.2024 at Bilaspur, Chhattisgarh. A list of return of the goods by First Party/Husband to Second Party/Wife duly witnessed by one Awadhesh Kumar Jaiswal and Tekpal Singh from Ratanpur was endorsed by the Second Party/wife. The Second Party/wife also does not have any belonging of First Party/Husband.
III. It is also agreed between the parties that joint 7 application shall be filed by the parties before the Hon’ble Supreme Court after signing of this Settlement Agreement.
IV. It has been settled between the parties that the First party/Husband shall pay above mentioned, settled amount i.e. total sum of Rs.4,00,000/- (Rs. Four Lakhs Only). The amount is full and final settlement for the consideration of the marriage as well as past, present and future claim whatsoever.
V. It has also been settled between the parties that the above referred total amount of Rs.4,00,000/- (Four Lakhs only) will be paid through RTGS before the hearing of the Joint Application for Mutual Consent Divorce before the Hon’ble Supreme Court as FULL AND FINAL SETTLEMENT.
VI. It has also been agreed between the parties that both the parties will withdraw the cases filed by them in different Courts preferably before the filing of the Joint Petition for Divorce or on the next date of hearing fixed before the respective court at Bilaspur and Ranchi and will intimate this Hon’ble Court.
VII. It has also been agreed between the parties that this settlement is full and final. Although there is no case or complaint pending, except the above, but still both parties undertake to withdraw all the cases against each other.
VIII. That it is specifically agreed that henceforth, both 8 the parties shall be left with “NO CLAIM” whatsoever against each other as well against their relatives, parents, assignees, representatives, or attorney etc. upon signing of the present SETTLEMENT AGREEMENT.
IX. That all the Parties undertake not to make any libelous or slanderous statement or impute any defamatory act/remark against each other before society or relatives and friends of each other.
X. It has been agreed between the parties that both the parties will be free to lead their life and will not interfere with or contact each other in any manner whatsoever.
XI. This settlement has been voluntarily arrived at between the parties with their own free will and without any force, pressure or coercion and both the parties will remain bound on the terms and conditions herein above. The contents of the settlement have been explained to the parties both in English as well as in vernacular and they have understood the same and have admitted the same to be correct.
XII. That it is also agreed that there shall remain no case/claim/dispute due between the parties after compliance of the terms of the present settlement and that none of the parties shall file any civil or criminal proceedings against each other in future and that if any other case/petition/complaint etc. between the parties, parties parents or relatives is pending in any court or Authority either against the parties or against their 9 respective family both members / relatives and the same shall be withdrawn forthwith. Furthermore, the Second Party/Wife have agreed not to file any claim against the First Party/Husband or his parents and relatives presently or in future. Moreover, the First and Second Party further undertake not to claim any amount on any account from any of the relations of the parties in connection with any matter concerned with the said marriage in any manner whatsoever.” We, the parties herein, in the Settlement Agreement dated 4th December, 2024, have further stated that, after fulfilling all the stipulations mentioned above, we will have no further claims or demands against each other, except as mentioned hereinabove, and all the disputes and differences have been amicably settled by us. In case, either of us withdraw from the terms and conditions of the Settlement Agreement, then the other party shall have the right to take appropriate action/steps against the other/opposite party before the appropriate court of law after signing of the Settlement Agreement dated 4th December, 2024. We have arrived at the settlement and have signed the Settlement Agreement dated 4th December, 2024, and the said Agreement shall be irrevocable and binding upon us. The Settlement Agreement dated 4th December, 2024, has been signed without any force, coercion and/or undue influence.
We further state that we have filed joint application seeking decree of divorce in terms of the 10 Settlement Agreement dated 4th December, 2024, under Article 142 of the Constitution of India and to quash all other pending cases between the parties, as mentioned in the Settlement Agreement dated 4th December, 2024.
We pray to the Hon’ble Supreme Court that the joint application filed by us be allowed and the decree of divorce by mutual consent be granted and the marriage between us be dissolved in terms of the Settlement Agreement dated 4th December, 2024, as we have compromised the matter out of our own free will, consent and without any force, coercion or pressure.
In terms of the Settlement Agreement, the petitioner (Aman Bhagat) has paid the amount of Rs.4,00,000/- (Rupees four lakhs only), through RTGS, to the respondent (Ankita Jaiswal) towards full and final settlement of all her claims. The said amount has been received and acknowledged by the respondent (Ankita Jaiswal). Copy of the Banks’ receipt has been submitted by Aman Bhagat in this regard and the said copy has also been annexed by Ankita Bhagat. The said document is annexed to the Affidavits filed by us.
We, the parties herein, have filed our individual affidavits dated 15th January, 2025, iterating that we have amicably settled the disputes and have signed the Settlement Agreement dated 4th December, 2024, and the settlement amount of Rs.4,00,000/- (Rupees four lakhs only) has been paid by the petitioner-husband (Aman Bhagat) to respondent-wife (Ankita Jaiswal), which amount has been received by the respondent-wife 11 (Ankita Jaiswal), which amount has been received by the respondent – wife (Ankita Jaiswal). One of us (Ankita Jaiswal) submits that all the pending cases whether specifically mentioned or nor arising out of the present matrimonial dispute herein shall be withdrawn after first motion within one month by me and respondent. Both the affidavits have been annexed hereto as Annexures `A’ and `B’.
We, the parties herein, unequivocally submit and undertake that we bind ourselves to, and shall abide by, the terms and conditions of the Settlement Agreement dated 4th December, 2024.” This settlement is now a part of this order. It is informed to this Court that the husband has already paid an amount of Rs.4,00,000/ (Rupees Four Lakhs) to the wife towards full and final settlement, as per the Settlement Agreement.
The relationship between the petitioner and the respondent has broken down irretrievably and there is no chance of the two living together. There is no child of the couple from the wedlock. Under these circumstances and in terms of the Settlement Agreement dated 04.12.2024, duly signed by the parties, we grant the Decree of Divorce by mutual 12 consent in exercise of our powers under Article 142 of the Constitution of India. Consequently, the marriage between the petitioner – Aman Bhagat and the respondent – Ankita Jaiswal stands dissolved by Decree of Divorce by mutual consent. The net outcome of the above is that the parties are at liberty to live their life separately as per their own free will.
The Registry shall prepare a Decree of Divorce in terms of this order and the Settlement Agreement shall form part of the order.
Since the Decree of Divorce is granted by mutual consent of both the parties in exercise of our jurisdiction under Article 142 of the Constitution of India, the following cases pending between the parties are hereby quashed/disposed of :
1) Divorce Petition under Section 13(1A) of the Hindu Marriage Act, 1955 being HMA C. S. No. 276A of 2024 pending in the court of Principal Judge, Family Court at Bilaspur, Chhattisgarh.
132) Maintenance Application under Section 125 Cr.
P.C. being M.J.C. No. 342 of 2024 pending in the court of Principal Judge, Family Court at Bilaspur, Chhatisgarh.
3) Domestic Violence Case under Section 12 of the Domestic Violence Act being Case No. 5 of 2024 pending in the Court of II Civil Judicial ClassII, Kota, Bilaspur, Chhatisgarh.
4) FIR No. 264/24 registered at Kanke Thana, Ranchi, Jharkhand under Sections 385/387/323/504/506 read with Section 120B of the Indian Penal Code.
5) Complaint Case No. 19741/2024 pending in the court of CJM, Ranchi, Jharkhand under Sections 307/323/325/352/384/406/417/500/504/506 read with Section 120B/34 IPC & Section 25(1B) of the Arms Act.
6) DV Case No. 17592/2024 pending in the court of CJM, Ranchi, Jharkhand under Section 12 and 43 of 14 the Domestic Violence Act, 2005.
The parties shall abide by the terms of the settlement, which they have agreed to before the Supreme Court Mediation Centre and before us during the course of hearing.
In view of above, the Transfer Petitions are disposed of.
Pending interlocutory application(s), if any, is/are disposed of.
…….....………….............J. [SUDHANSHU DHULIA] ……………………….........J. [PRASHANT KUMAR MISHRA] NEW DELHI;
JANUARY 16, 2025.
15ITEM NO.14 COURT NO.13 SECTION IV-C
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). 1574/2024
AMAN BHAGAT Petitioner(s)
VERSUS
DR. ANKITA JAISWAL Respondent(s)
IA No. 132041/2024 - EX-PARTE STAY
IA No. 132042/2024 - EXEMPTION FROM FILING O.T. WITH T.P.(Crl.) No. 542/2024 (II-C) FOR ADMISSION T.P.(Crl.) No. 1069/2024 (II-C) FOR ADMISSION Date : 16-01-2025 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) :
Ms. Kumud Lata Das, AOR Ms. Pooja Rathore, Adv.
Mr. Aman Anand, Adv.
Mr. Bibhuti Krishna, Adv.
Mr. Harsh Ajay Singh, Adv.
Mr. Sourabh Suman, Adv.
For Respondent(s) :
Mr. Sameer Shrivastava, AOR Mrs. Priyanka Shrivastava, Adv. Ms. Palak Mathur, Adv.
Ms. Yashika Varshney, Adv.
Mr. Prasanna Mohan, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petitions are disposed of in terms of the signed order.16
Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) ASST. REGISTRAR-CUM-PS ASSISTANT REGISTRAR P.S. : The Report of the Ld. Registrar, along with Statement of Parties and other annexures, is enclosed with this Record of Proceeding and Signed Order.