Supreme Court - Daily Orders
Pushpa Rajesh Chaurasiya vs Rajesh Ramesh Chaurasiya on 21 August, 2023
Bench: Sanjay Kishan Kaul, Sudhanshu Dhulia
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No(s). 2183/2021
PUSHPA RAJESH CHAURASIYA Petitioner(s)
VERSUS
RAJESH RAMESH CHAURASIYA Respondent(s)
O R D E R
The marriage between the parties was solemnized on 11.7.2016 as per hindu rites and rituals in District Palghar, Maharashtra. The male child viz. Tanmay was born 20.6.2018 at Mumbai out of the wedlock.
It appears that soon thereafter, the relationship between the parties soured and from March, 2019 the problem persisted. The respondent is stated to have gone to Bhadohi, Uttar Pradesh.
The usual bouquet of cases have been filed inter se the parties.
In view of the transfer petition filed by the petitioner-wife and the willingness of parties to resolve the dispute, the matter was referred to the Supreme Court Mediation Centre. Things, however, did not worked out but Signature Not Verified Digitally signed by NEETA SAPRA Date: 2023.08.23 on subsequent hearing, we recorded that the parties were 15:57:01 IST Reason: ad idem for mutual consent divorce but there were some 1 issues regarding the property standing in the name of the wife for which the husband claims to have contributed as well. Apart from this, an issue arose regarding permanent alimony. An offer was already made by the respondent- husband through the learned counsel that to resolve the dispute he is willing not to make any claim in the property which is in the name of the wife. The only issue remained was the issue of permanent alimony and we directed the personal presence of the parties on 24.7.2023.
On hearing the parties, we had put an amount of Rs.10,00,000/- to the petitioner for permanent alimony, specially keeping in mind that the child is five years old.
The respondent has come back to offer only Rs.7,00,000 /- as he is not finding it feasible to raise the amount of Rs.10,00,000/-. Further negotiation took place in Court, it is agreed a sum of Rs.8,00,000/- will be paid by the respondent to the petitioner as full and final settlement of all her claims and that too through installments. The first installment of Rs.4,00,000/- will be paid on or before two months from today, Rs.2,00,000/- on or before six months from today and Rs.2,00,000/- on before ten months from today. Any delay will carry simple interest of 12% per annum.
The parties have also agreed and seek quashing/closing of all proceedings inter se the parties. 2 We believe that this is a fit case where a decree of divorce should be passed under Section 13(B) by mutual consent and also by invoking our jurisdiction under Article 142 of the Constitution of India on account of irretrievable breakdown of marriage as the parties have been living apart now for about four years.
We, thus, direct that the following proceedings shall come to an end and stand quashed/ withdrawn:-
(i) Criminal Case No 7048/2022, pending in JMFC, Bhadoi (U.P.)
(ii) D.V. Case No. 3239/2021 pending in Family Court, Vasai, Maharashtra
(iii) Criminal Case (FIR) No. 0589 at P.S. Kashimira, Meera Road, Dist. Thane, Maharashtra
(iv) Petition No.180/2021 (Dissolution of Marriage) Rajesh Ramesh Chaurasia v. Puspa Rajesh Chaurasia, pending before Family Court, Bhadohi, U.P.
(v) Petition No.377/2019 (Restitution of Marriage) Rajesh Ramesh Chaurasia v. Puspa Rajesh Chaurasia, pending before Principal Judge, Family Court, Bhadohi, (U.P.)
(vi) Case No.2589/2022 (RN No. UPSN040031532022) Rajesh Chaurasia v. Puspa Chaurasia & Ors., pending before CJM Court, Bhadohi, U.P.
(vii) D.V. Comp. No.185/DV/2021 before Judicial Magistrate 1st Class, Vasai, Maharashtra, Puspa Chaurasia v. Rajesh Chaurasia & Ors. 3
The respondent shall pay an amount of Rs.8,00,000/- as per the schedule laid down aforesaid, as agreed. The respondent shall further not raise any claim in respect of the property standing in the name of the petitioner-wife.
Visiting rights have to be made for the respondent to meet the child who is five years old and the custody will remain with the petitioner-mother but the respondent can visit the child at Mumbai once in a month and keep the child with him over weekend, if he so desires. Apart from this, on the child now commencing school, the vacation period will be shared between both the parties and the child will be collected from Mumbai.
A decree of divorce is passed dissolving the marriage inter se the parties and the parties will remain bound by the aforesaid terms and conditions. Decree sheet be drawn up accordingly. The decree will be released to the respondent only on payment of the full amount of permanent alimony. It is stated that online payment can be made towards permanent alimony and the petitioner will indicate the account in which the amount has to be paid.
In order to facilitate the visiting rights, initially the parties may approach the Mediation Centre annexed to the High Court of Bombay making 4 necessary arrangements and we are sure thereafter that the need may not arise.
The transfer petition stands disposed of accordingly.
We appreciate the constructive approach adopted by the parties and the assistance provided by the learned counsels to bring this long drawn out dispute to an end.
………………………………………………………J. (SANJAY KISHAN KAUL) ………………………………………………………J. (SUDHANSHU DHULIA) NEW DELHI August 21, 2023 5 ITEM NO.1 COURT NO.2 SECTION XI 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). 2183/2021 PUSHPA RAJESH CHAURASIYA Petitioner(s) VERSUS RAJESH RAMESH CHAURASIYA Respondent(s) ([Both the parties to remain personally present on the next date.] IA No. 152884/2021 - STAY APPLICATION) Date : 21-08-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Nitin Bhardwaj, AOR Mr. Rakesh Kumar, Adv.
For Respondent(s) Mr. Madhu Mukul Tripathi, Adv.
Mr. Lakshya Kumar Singh, Adv.
Mr. Santosh Kumar Pandey, AOR Mr. Santosh Kumar Vishwakarma, Adv. UPON hearing the counsel the Court made the following O R D E R The transfer petition stands disposed of in terms of the signed order.
Pending application(s) stands disposed of.
(RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER
(signed order is placed on the file) 6