Supreme Court - Daily Orders
Ankita Chowdhury vs Mrinmoy Sen on 20 March, 2024
Author: Vikram Nath
Bench: Vikram Nath
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL ) NO. 693 OF 2023
ANKITA CHOWDHURY ... PETITIONER(S)
Versus
MRINMOY SEN ... RESPONDENT(S)
O R D E R
Heard the learned counsel appearing for the parties.
2. We have perused the settlement agreement dated 1st March, 2024 executed between the parties.
3. The agreement has been signed by the petitioner and the respondent and by their respective Advocates. Both, the petitioner and the respondent, are present in the Court today and they accept the correctness of the contents of the settlement agreement. In terms of the settlement agreement, a Demand Draft of Rs. 19,00,000/- (Rupees Nineteen Lakhs) has been handed over by the learned counsel for the respondent-husband to the learned counsel appearing for the petitioner-wife, who in turn has handed over the said Demand Draft to the petitioner, who Signature Not Verified Digitally signed by SONIA BHASIN Date: 2024.03.23 12:38:14 IST Reason: is present in the Court.
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4. The marriage between the parties was solemnized on 25.07.2021. As they are unable to resolve the disputes amongst themselves, they have agreed to take divorce by mutual consent.
5. A joint application (IA No. 55765/2024) has been filed by the learned counsel for the parties praying for dissolution and annulment of marriage by a decree of divorce by mutual consent and for quashing of the proceedings pending between the parties.
6. Considering the facts of the case, in our view, this is a fit case to exercise our jurisdiction under Article 142 of the Constitution of India to dissolve the marriage.
7. Accordingly, we pass the following order:
(i) The marriage solemnized on 25.07.2021 between the petitioner Ankita Chowdhury, wife of Mrinmoy Sen and the respondent-Mrinmoy Sen, son of Sanjib Kumar Sen is hereby dissolved by a decree of divorce by mutual consent.
(ii) All the legal proceedings pending between the parties against each other stands quashed and disposed of in terms of this order. Para D in this regard is referred below:-
‘D. Both the parties state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled between themselves hence both the parties in the application filed for decree of divorce by mutual consent in the Month of February,2024 before the Hon’ble Supreme Court of India in the Transfer Petition (C) No. 693 of 2023 for invoking the inherent power under Article 142 of the Constitution of India will seek the intervention of the Hon’ble Supreme Court of India for withdrawing/quashing all the legal proceedings pending between the parties in different Courts of India the list of which are as follows:-2
Sl. No Case Case Details/Forum
Numbers/Particulars
1 FIR No. 94 of 2022 FIR filed by the Petitioner/wife in the Police
Station Gariahat, District D.E.D. Kolkata under section 498A, 406, 34 I.P.C. and read with section 3 & 4 Protection of Women from Domestic Violence Act, 2005.(West Bengal) 2 M. Case No. 735 of 2022 Maintenance Petition filed by the petitioner/wife under section 125 of Code of Criminal Procedure pending before the Ld. Chief Judicial Magistrate at Alipore, District – South 24 Parganas (West Bengal).
3 Complaint Case 3236 of Complaint Case filed by the petitioner/wife 2022 under section 12 of Protection of Women from Domestic Violence Act pending before the Ld. Chief Judicial Magistrate at Alipore, District – South 24 Parganas (West Bengal).
4 Mat Suit No. 3434 of 2022 Divorce petition filed by the petitioner/wife under section 27 of the Special Marriage Act, 1954 before the Ld. Additional District Judge – 15th Court at Alipore, District South 24 Parganas (West Bengal).
5 M..C Case No. 389 of Divorce Petition filed by the respondent/husband 2022 under section 13 (1) (ia) of Hindu Marriage Act,1955 before the Ld. Principal Senior Civil Judge, Bengaluru Rural District. Karnataka 6 Complaint Case No 56407 Complaint Case filed by Respondent / Husband of 2022 against Petitioner / Wife and her family pending before XXIX Additional Chief Metropolitan Magistrate Court, Bengaluru, Karnataka.
7 Criminal Appeal No 152 Appeal filed by the petitioner/wife pending of 2023 before the Ld. Additional District Judge (10th Court) at Alipore, District – South 24 Parganas (West Bengal).3
8 Criminal Appeal No 207 Appeal filed by the Respondent /Husband of 2023 pending before the Ld. Sessions Judge at Alipore, District – South 24 Parganas (West Bengal).
9 Criminal Motion No 400 Motion filed by the Respondent /Husband of 2023 pending before the Ld. Sessions Judge at Alipore, District – South 24 Parganas (West Bengal).
10 Criminal Motion No 267 Motion filed by the Petitioner /Wife pending of 2023 before the Ld. Additional District Judge (10th Court) at Alipore, District – South 24 Parganas (West Bengal).
11 Writ Petition No 2173 of Quashing proceedings U/s 482 Cr.P.C filed 2023 (GM-RES) before Hon’ble High Court, Karnataka [Sukumar Chowdhury and others Versus Sub Inspector of Police. Mahadevapura Police Station and Another] 12 Writ Petition No 1323 of Quashing proceedings U/s 482 Cr.P.C filed 2023 (GM-RES) before Hon’ble High Court, Karnataka [Ankitar Chowdhury Versus Sub Inspector of Police.
Mahadevapura Police Station and Another] 13 Misc. Execution Case 104 Execution Case filed by the petitioner/wife under of 2024 Protection of Women from Domestic Violence Act pending before the Ld. Chief Judicial Magistrate at Alipore, District – South 24 Parganas (West Bengal).
14 Transfer Petition (C) No. The First Party/ Wife filed transfer petition 693 Of 2023 before Hon’ble Supreme Court of India under section 25 of the Civil Code of Procedure, 1908 read with Order XLI of the Supreme Court Rules,2013 seeking transfer of Matrimonial case being MC/389/2022 titled as Mrinmoy Sen vs Smt. Ankita Chowdhury under section 13(1) (1-
a) of the Hindu Marriage Act, 1955 pending in the Court of the Ld. Principal Civil Judge, Bengaluru Rural District Court, Bengaluru to the District Judge at Alipore, South 24- Parganas, West Bengal.
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8. Both the parties, present in Court, submit that they would strictly abide by the terms of the settlement.
9. Registry is directed to forward a copy of this order to the respective Courts for passing formal orders.
10. Needless to say, that the parties shall abide by the terms and conditions of the Settlement Agreement.
11. The Settlement Agreement dated 1 st March, 2024 shall form part and parcel of this order.
12. The Registry to draw-up a decree, accordingly.
13. In view of the above facts, the IA No. 55765/2024 is allowed.
14. The Transfer Petition and pending application(s) shall stand disposed of.
……………………………………………. .J.
[VIKRAM NATH]
……………………………………………. .J.
[ SATISH CHANDRA SHARMA]
NEW DELHI;
MARCH 20, 2024.
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ITEM NO.2 COURT NO.9 SECTION IV-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). 693/2023
ANKITA CHOWDHURY Petitioner(s)
VERSUS
MRINMOY SEN Respondent(s)
(MEDIATION REPORT RECEIVED
IA No. 55765/2024 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A. IA No. 25835/2023 - EX-PARTE STAY IA No. 170922/2023 - EXEMPTION FROM FILING O.T.) Date : 20-03-2024 This matter was called for hearing today. CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Ms. Anwesha Saha, AOR Mr. Salim Ansari, Adv.
For Respondent(s) Mr. Abhinav Gupta, Adv.
Ms. Sylona Mohapatra, AOR UPON hearing the counsel the Court made the following O R D E R IA No. 55765/2024 is allowed.
The transfer petition and pending application(s) shall stand disposed of in terms of signed order.
(SONIA BHASIN) (RANJANA SHAILEY)
COURT MASTER (SH) COURT MASTER (NSH)
[Signed Order is placed on the file]
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