Supreme Court - Daily Orders
Kunal Sudhir Sangani vs Ishita Sangani on 27 January, 2015
Bench: Sudhansu Jyoti Mukhopadhaya, Vikramajit Sen
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.1210-1211 OF 2015
(Arising out of SLP(c) Nos.35325-35326 of 2014)
KUNAL SUDHIR SANGANI Appellant(s)
VERSUS
ISHITA SANGANI Respondent(s)
O R D E R
Leave granted.
This appeal has been filed by appellant – husband against order dated 7th October, 2014 passed by Division Bench of the High Court of Judicature at Bombay in Family Court Appeal No.230 of 2014 in Interim Application No.71 of 2014 in MJ Petition No.A-685 of 2013 with Civil Application No.291 of 2014 in F.C.A. No.230 of 2014. By the impugned judgment, the High Court allowed the appeal preferred by respondent – wife and set aside the order passed by the Family Court, Mumbai and remanded the matter back to the Family Court for reappraisal.
The dispute being between husband and wife, the case was adjourned on the request of the parties so that they could settle the dispute among themselves. A consent term of settlement has been filed by parties supported by affidavit filed by appellant – Kunal Sudhir Sangani and respondent – Ishita Sangani, relevant portion of which reads as follows:
“Consent Terms Signature Not Verified Digitally signed by Rajni Mukhi Date: 2015.02.05 16:06:16 IST
1. The parties agree and admit that the marriage Reason: solemnized on 8th February, 2011 between them be dissolved by Decree of Mutual Consent in terms of 1 Section 13B of Hindu Marriage Act, 1955.
2. It is agreed by and between the parties hereto that, the petitioner agrees and declares that the permanent alimony of a sum of Rs.1,11,00,000/-
(Rupees One Crore Eleven Lakhs only) deposited by the petitioner in the Family Court Bandra, Mumbai together with interest accrued if any be paid over to the respondent forthwith in full and final settlement of all her claims.
3. The respondent admits that she has taken all her ornaments, jewellery, belongings from the custody of the petitioner and has no claim of any nature whatsoever in respect thereof against the petitioner and/or any of his family members.
4. It is agreed by and between the parties that the petitioner has made a Fixed Deposit of Rs.50,00,000/- (Rupees Fifty Lakhs only) in joint names of the petitioner and minor child Miraaya with Union Bank of India, Fort Branch, Mumbai, with written instructions that monthly interest thereon be transferred by ECS to the Joint Account of Miraaya and the respondent being A/c No. 266200100007428 of Saraswat Bank, Matunga Branch, Mumbai. The said Fixed Deposit shall be initially for a period of 10 years and shall be renewed regularly till Miraaya attains the age of 20. A photocopy of the Fixed Deposit Receipt is enclosed herewith as Exhibit ‘A’.
6. The parties further undertake that they shall not create any charge of lien on the said Fixed Deposit and it shall be free from any encumbrances, of any nature whatsoever.
7. At the age of 20 years the principal amount of Rs.50,00,000/- shall be transferred in the Bank Account of Miraaya. The original Fixed Deposit Receipt shall be forthwith handed over to the respondent and she will hand over the same to the petitioner to renew the same on the date of maturity. The petitioner undertakes to forward to the respondent the original Fixed Deposit Receipt pursuant to its renewal as per Clause 5 hereinabove.
8. The respondent shall have permanent custody of minor child Miraaya. It is agreed by and between the parties that the petitioner shall have access 2 to minor child Miraaya as follows:
(i) The petitioner shall have overnight access to minor child Miraaya at his residence on a mutually decided day once every month for a period of three (3) months, from the date hereof.
(ii) After three months from the date hereof, the petitioner shall have overnight access to minor child Miraaya twice a month i.e. once a fortnight on the day mutually decided by the petitioner and the respondent for the next three months.
(iii)After six months from the date hereof, the petitioner shall have overnight access to the minor child Miraaya, once every weekend on the day mutually decided between the parties and all such access shall be for a period of 24 hours.
9. Presently the Minor child Miraaya is studying in pre-primary at Singapore International School at Churchgage. It is agreed by and between the parties that the school is far away from the respondent’s place of residence. The petitioner has already paid the school fees of the said Singapore International School at Churchgate for the period upto December, 2015. Realizing the difficulties of minor child Miraaya, it is mutually agareed by and between the parties that from 1st February, 2015 the parties shall jointly make an application for shifting the child from Singapore International School at Churchgae to a good school of repute at Matunga, near the respondent’s place of residence and the respondent undertakes to pay school fees for the period up to December, 2015 only. Fees thereafter the petitioner undertakes to pay as stated hereinabove. The parties agree and undertake that after completion of pre-primary school, the parties shall jointly admit Miraaya in any other school of good repute near the place of residence of the respondent. The parties undertake not to admit or change the school of minor child Miraaya without consent of each other.
10.It is also agreed and confirmed by and between the parties that, after twelve months (12) from the date hereof, the petitioner shall, during each 3 vacation being Summer, Diwali and Christmas or any other vacation extending for a period of one week or more, share the period of vacation of the minor child Miraaya equally, such as in the event of vacation of two weeks, one of the party will give option to keep the child with him/her for the first week or second week and accordingly Miraaya shall be able to spend time with the petitioner-father and the respondent-mother equally during her vacation period.
11. The parties agree that during such vacations, each of the party shall be entitled to take the child with him or her for vacation outside Mumbai or outside India, with intimation to each other.
12. The petitioner undertakes to pay the school fees and college fees of minor child Miraaya till completion of her education which includes schooling in a reputed school. The respondent agrees to bear all the incidental expenses of the minor child, Miraaya.
13. The petitioner also agrees and undertakes to this Hon’ble Court to pay for higher education of minor child Miraaya with respect to pursuing medical, engineering or any other professional decree in India or abroad.
14. The respondent undertakes that in the event she goes out of Mumbai for a period of beyond eight (8) weeks, she shall handover the temporary custody of the minor child Miraaya to the petitioner before she leaves Mumbai. The petitioner undertakes that during the aforestated period, the minor child Miraaya, shall be in the petitioner’s sole custody and he shall not leave her to the care of any other person. The petitioner undertakes that on the return of the respondent to Mumbai, he shall hand over the custody of the minor child Miraaya to the respondent. The respondent shall intimate the petitioner in advance, if she leaves Mumbai for a period of less than eight (8) weeks alongwith the minor child Miraaya. In the event the respondent goes out of Mumbai for a period of less than eight (8) weeks and more than two (2) weeks, without taking the minor child Miraaya with her, she undertakes to hand over the minor child Miraaya to the petitioner before she leaves. The petitioner undertakes to return the minor child Miraaya to 4 respondent on her return.
15. Both the parties agree to attend all school functions of minor child Miraaya regularly.
16. The parties agree and undertake to bear the marriage expenses of the minor child Mirayaa equally.
17. The parties agree and declare that except what is stated hereinabove, they have no claim of any nature, monetary or otherwise whatsoever against each other.
18. The parties agree and undertake to abide by all the terms and conditions set out hereinabove and undertake not to raise any dispute whatsoever henceforth.
19. The parties agree to request this Hon’ble Court to grant Decree of Divorce under Section 13B of Hindu Marriage Act, 1955, being Divorce by Mutual Consent treating the Mediation Settlement Terms dated 14th February, 2014 as the First Motion as provided under Section 13B of Hindu Marriage Act, 1955 and the present Consent Terms as the Second Motion and grant Decree of Divorce by Mutual Consent.
20. The Mediation Settlement terms dated 14th February, 2014 stands modified in terms as stated hereinabove.
21. The parties undertake to withdraw all allegations made against each other.” In view of the settlement reached between the parties, we set aside the impugned order dated 7th October, 2014 passed by Division Bench of the High Court of Judicature at Bombay in Family Court Appeal No.230 of 2014 in Interim Application No.71 of 2014 in MJ Petition No.A-685 of 2013 with Civil Application No.291 of 2014 in F.C.A. No.230 of 2014 and other orders as were passed by 5 Family Court in the case pending between the parties and dispose of this appeal in terms of settlement reached between the parties.
In so far as request before this Court to grant decree of divorce under Section 13B of the Hindu Marriage Act, 1955 is concerned, this Court is not inclined to accept such request but allow the parties to take recourse by filing petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. If necessary, the appellant – husband may file an amendment petition in the pending petition for divorce with a request to delete the allegations and to make necessary amendments in the petition for decree of divorce in terms of Section 13B of the Hindu Marriage Act, 1955. A supporting affidavit may be filed by respondent - wife for grant of decree of divorce by mutual consent in view of the settlement reached between the parties. As the parties are not residing together for more than six months, we allow the parties to file a petition for waiver of the period of six months and for immediate disposal of the petition under Section 13B of the Hindu Marriage Act, 1955. If such petition is filed, the Court will waive the period and pass order in terms of settlement on the date of appearance or within two weeks thereof and dissolve the marriage by mutual consent.
The consent term of settlement should be treated as undertaking given by both the parties before this Court and in case of violation, the aggrieved party may move for appropriate action against the other party.
6The appeals stand disposed of with aforesaid observations and directions.
...........................J. (SUDHANSU JYOTI MUKHOPADHAYA) ...........................J. (VIKRAMAJIT SEN) NEW DELHI;
JANUARY 27, 2015
7
ITEM NO.38 COURT NO.4 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).
35325-35326/2014
(Arising out of impugned final judgment and order dated 07/10/2014 in CAN No. 291/2014, MJP No. 68/2013, AN No. 230/2014, IA No. 71/2014 passed by the High Court of Bombay) KUNAL SUDHIR SANGANI Petitioner(s) VERSUS ISHITA SANGANI Respondent(s) (With appln. (s) for exemption from filing c/c of the impugned judgment) Date : 27/01/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE VIKRAMAJIT SEN For Petitioner(s) Mr. K.V. Vishwanathan, Sr. Adv.
Mr. Kshatrashal Raj, Adv.
Mr. Satyan Vaishnawa, Adv.
Mr. Kumar Shashank, Adv.
Ms. Nandita Bajpai, Adv.
Ms. Aakanksha Nehra, Adv.
M/s. Parekh & Co.,Adv.
For Respondent(s) Mr. Nikhil Nayyar,Adv.
Mr. Darshan R. Mehta, aDv.
Mr. Dhananjay Baijal, Adv.
Ms. Akanksha, Adv.
Mr. N. Sai Vinod, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals stand disposed of in terms of the Signed Order.
(Neeta) (Suman Jain)
Sr. P.A. COURT MASTER
(Signed Order is placed on the file) 8