Supreme Court - Daily Orders
Abhijeet Nand Kishore Singh vs Viveka Kumari Idar on 14 November, 2018
Bench: Kurian Joseph, A.M. Khanwilkar
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1412 OF 2017
ABHIJEET NAND KISHORE SINGH .. Petitioner(s)
Versus
VIVEKA KUMAR IDAR .. Respondent(s)
O R D E R The petitioner approached this Court seeking transfer of Marriage Petition No. A545 of 2017 pending before the Principal Judge Family Court, Bandra, Mumbai, Maharashtra to the Family Court at Patiala House, New Delhi.
Upon finding that there is an element of settlement, we directed the parties to remain present in the Court. We sought the assistance of Mr. Mahabir Singh, learned senior counsel who graciously accepted the request and after couple of rounds of interactions with the parties, it was reported that it is a case where the dispute can be settled through the intervention of the Court, though learned Mediator could not take the settlement to the final stage.
Signature Not Verified Digitally signed by SHASHI SAREENWhen the parties appeared before this Court in the next Date: 2018.11.20 16:43:11 IST Reason: round, we interacted with them and also heard the counsel appearing for the parties. We are happy to note that the parties have co 2 operated with the suggestions made by the Court and have taken a conscious decision to put an end to their litigation. Accordingly, on 02.11.2018, the Court passed the following order:
The parties are present before us today. We have interacted with them. We have also heard the learned counsel appearing on both sides. The petitionerhusband has submitted that he feels sorry on whatever has gone wrong on his part. The respondentwife also submits that if she has done anything wrong, she feels sorry for that. The parties have also exchanged a list of articles on which there appears to be some disagreement. They may sort it out themselves.
As far as the monetary aspect is concerned, the parties have agreed for an amount of Rs. 5,00,00,000/ (Rupees Five Crores only) towards full and final settlement of all the claims. The petitioner will pay Rs. 3,50,00,000/ (Rupees Three Crores and fifty lakhs) on or before 31.01.2019 and the remaining Rs. 1,50,00,000/ (Rupees One Crore and Fifty Lakhs) within one year thereafter. The petitioner will furnish a post dated cheque for an amount of Rs. 1.5 crores along with Rs. 3.5 crores. The parties may draw up the formal settlement in terms of the submissions made and also take further steps for putting a quietus to all the litigations. List on 14.11.2018 at 02.00 P.M. Today, the parties are present before us. It is submitted that in the true spirit of the order extracted above, the entire 3 disputes have been settled amicably. Accordingly, they have produced before the Court today, a Deed of Settlement duly signed by the parties and notarized. The Deed of Settlement is taken on record. The operative part of the Deed of Settlement reads as follows:
DEED OF SETTLEMENT “THIS DEED OF SETTLEMENT (hereinafter referred to as the “Deed”) has been executed on this 14 th day of November 2018 between Abhijeet Singh, son of Shri N.K. Singh, resident of 31, Paschimi Marg, Vasant Vihar, New Delhi – 110057 (hereinafter referred to as the “First Party”) and Viveka Kumar Idar, daughter of Shri Idar Rajender Singh (hereinafter referred to as the “Second Party”). First Party and Second Party are collectively hereinafter referred to as the Parties.
WHEREAS the Parties solemnized their marriage on 08.12.2010 at Jodhpur, Rajasthan, followed by their reception on 13.12.2010 at New Delhi, whereafter they lived at the residence of the First Party, which was their matrimonial home where they last resided together;
AND WHEREAS the Parties agree that their marriage was consensual and solemnized and arranged by their parents;
AND WHEREAS the Parties agree that they have been living separately from each other since December 2014 beginning January 2015;
AND WHEREAS the Parties have filed the following litigations against each other which are currently ongoing and pending: 4
1. M.J. Petition No. A545 of 2017 before the Family Court, Bandra, Mumbai (hereinafter referred to as the “Divorce Petition”); and
2. Transfer Petition (C) No. 1412 of 2017 before the Hon’ble Supreme Court of India (hereinafter referred to as the “Transfer Petition”);
AND WHEREAS with the intervention of the friends and family members and with appropriate judicial guidance during the hearing of the Transfer Petition, the Parties have been able to mutually settle all their disputes, claims, grievances against each other;
AND WHEREAS the Parties declare and confirm that they have settled their disputes amicably with their free consent;
AND WHEREAS the Parties declare that they have arrived at a full and final settlement for the purposes of dissolution of their marriage as specifically mentioned hereunder.
NOW THIS DEED WITNESSES AS UNDER:
1. The First Party agrees to pay an amount of Rs. 5,00,00,000/ (Rupees Five Crore Only) to the Second Party in consideration of the full and final settlement for the dissolution of the marriage / divorce between the Parties. The abovementioned amount shall be paid by way of a Post Dated Cheque dated 25.12.2018 drawn by the First Party in favour of the Second Party bearing no. 054543 drawn on ICICI Bank, Vasant Vihar Branch, to be handed over to the Second Party at the time of passing of the final Order / Judgement of the Hon’ble Supreme Court of India in the Transfer Petition.
2. In addition to the aforesaid, the Parties shall exchange each 5 other’s belongings as has been detailed in Annexure A to this Deed on or before the 31st of December 2018 at a mutually convenient time and place.
3. There shall be no demand in any manner whatsoever, after the execution of this Deed from either Party, except what is stated hereinabove, and all the rights, claims, grievances etc. shall stand satisfied and discharged.
4. This Agreement is binding upon the Parties and upon their heir(s), successor(s), executor(s), legal/ personal representative(s), administrator(s) and assignee(s).
5. There shall be no future alimony to either party qua this marriage at any point of time in future.
6. No party shall be having any right in any property of each other in any form at any point of time in future.
7. This deed, including the Annexure A, constitutes the entire agreement entered between the Parties. No representations or promises have been made except those that are set out in this Deed. This Deed shall not be modified and / or terminated, except in writing signed by both the Parties.
8. Pursuant to the execution of this Deed and the final Order / Judgement of the Hon’ble Supreme Court of India in the Transfer Petition, all litigations mentioned hereinabove shall be withdrawn/ disposed off and the Parties agree that the aforesaid present full and final settlement shall satisfy all their claims, rights, grievances, demands etc. against each other and that the Parties shall not raise any further claim or initiate any other proceeding / litigation against each other in any Court, Forum, Tribunal, Authority etc. in this or any other country with respect to their marriage / this subject matter or any other matter incidental to the present marriage or dispute . Failure of adherence of the present clause shall make the Party 6 liable for a prima facie contempt, at which instance, the production of this Deed shall be sufficient for invoking the contempt proceedings against the Party liable, if need be.
9. The First Party assures and confirms that the cheque of Rs.
5,00,00,000/ (Rupees Five Crore Only) mentioned in paragraph 1 of this Deed shall be honoured on presentation. In the event the aforesaid cheque is not cleared / bounced / returned unpaid by the bank at its presentation, the Divorce Petition shall automatically stand reinstituted at the present stage.
10. The Parties confirm that except the Divorce Petition and the Transfer Petition, there are no other cases filed by the Parties against each other.
11. This Deed shall be made in triplicate as one to be retained by each party in original and one to be handed over to the Hon’ble Supreme Court for being attached to the final decree, the certified copies whereof may be obtained by the Parties.” IN WITNESSES WHEREOF, both the Parties have signed this Deed at New Delhi in the presence of each other and in the presence of the following witnesses:
WITNESSES
1.
2.
(FIRST PARTY) (SECOND PARTY) On realisation of the amount, It will be open for the parties to move a formal application under Section 13B of the Hindu Marriage Act, 1955 before this Court for dissolution of marriage.7
The Marriage Petition No. A545 of 2017 pending before the Principal Judge, Family Court, Bandra, Mumbai, Maharashtra shall stand transferred to this Court to be taken up and disposed of along with the transfer petition.
List the matter on 08.01.2019.
......................J. (KURIAN JOSEPH) …......................J. (A.M.KHANWILKAR) New Delhi, Dated: 14th November, 2018.
ITEM NO.303 COURT NO.2 SECTION XVIA 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). 1412/2017 ABHIJEET NAND KISHORE SINGH Petitioner(s) VERSUS VIVEKA KUMARI IDAR Respondent(s) (IA No. 79321/2017Exparte stay) Date : 14112018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Sanjiv Sen, Sr. Adv.
Mr. Siddharth Bhatnagar, Adv.
Mr. R.N.Karanjawala, Adv.
Mr. Debmaya Banerjee, Adv.
Mr. Ankit Sibbal, Adv.
Mr. Manish Sharma, Adv.
Mr. A.S.Aman, Adv.
Mr. Kartik Bhatnagar, Adv.
Mr. Aviral Kapoor, Adv.
Ms. Iqra Khalid, Adv.
Ms. Manik Karanjawala, Adv.
M/S. Karanjawala & Co., AOR For Respondent(s) Ms. Mrunalini Deshmukh, Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Ankur Saigal, Adv.
Mr. E. C. Agrawala, AOR UPON hearing the counsel the Court made the following O R D E R The petitioner approached this Court seeking transfer of Marriage Petition No. A545 of 2017 pending before the Principal Judge Family Court, Bandra, Mumbai, Maharashtra to the Family Court at Patiala House, New Delhi.
Upon finding that there is an element of settlement, we directed the parties to remain present in the Court. We sought the assistance of Mr. Mahabir Singh, learned senior counsel who graciously accepted the request and after couple of rounds of interactions with the parties, it was reported that it is a case where the dispute can be settled through the intervention of the Court, though learned Mediator could not take the settlement to the final stage.
When the parties appeared before this Court in the next round, we interacted with them and also heard the counsel appearing for the parties. We are happy to note that the parties have co operated with the suggestions made by the Court and have taken a conscious decision to put an end to their litigation. Accordingly, on 02.11.2018, the Court passed the following order:
The parties are present before us today. We have interacted with them. We have also heard the learned counsel appearing on both sides.
The petitionerhusband has submitted that he feels sorry on whatever has gone wrong on his part. The respondentwife also submits that if she has done anything wrong, she feels sorry for that. The parties have also exchanged a list of articles on which there appears to be some disagreement. They may sort it out themselves.
As far as the monetary aspect is concerned, the parties have agreed for an amount of Rs.
5,00,00,000/ (Rupees Five Crores only) towards full and final settlement of all the claims. The petitioner will pay Rs. 3,50,00,000/ (Rupees Three Crores and fifty lakhs) on or before 31.01.2019 and the remaining Rs. 1,50,00,000/ (Rupees One Crore and Fifty Lakhs) within one year thereafter. The petitioner will furnish a post dated cheque for an amount of Rs. 1.5 crores along with Rs. 3.5 crores. The parties may draw up the formal settlement in terms of the submissions made and also take further steps for putting a quietus to all the litigations. List on 14.11.2018 at 02.00 P.M. Today, the parties are present before us. It is submitted that in the true spirit of the order extracted above, the entire disputes have been settled amicably. Accordingly, they have produced before the Court today, a Deed of Settlement duly signed by the parties and notarized. The Deed of Settlement is taken on record. The operative part of the Deed of Settlement reads as follows:
DEED OF SETTLEMENT “THIS DEED OF SETTLEMENT (hereinafter referred to as the “Deed”) has been executed on this 14th day of November 2018 between Abhijeet Singh, son of Shri N.K. Singh, resident of 31, Paschimi Marg, Vasant Vihar, New Delhi – 110057 (hereinafter referred to as the “First Party”) and Viveka Kumar Idar, daughter of Shri Idar Rajender Singh (hereinafter referred to as the “Second Party”). First Party and Second Party are collectively hereinafter referred to as the Parties.
WHEREAS the Parties solemnized their marriage on 08.12.2010 at Jodhpur, Rajasthan, followed by their reception on 13.12.2010 at New Delhi, whereafter they lived at the residence of the First Party, which was their matrimonial home where they last resided together;
AND WHEREAS the Parties agree that their marriage was consensual and solemnized and arranged by their parents;
AND WHEREAS the Parties agree that they have been living separately from each other since December 2014 beginning January 2015;
AND WHEREAS the Parties have filed the following litigations against each other which are currently ongoing and pending:
1. M.J. Petition No. A545 of 2017 before the Family Court, Bandra, Mumbai (hereinafter referred to as the “Divorce Petition”); and
2. Transfer Petition (C) No. 1412 of 2017 before the Hon’ble Supreme Court of India (hereinafter referred to as the “Transfer Petition”);
AND WHEREAS with the intervention of the friends and family members and with appropriate judicial guidance during the hearing of the Transfer Petition, the Parties have been able to mutually settle all their disputes, claims, grievances against each other;
AND WHEREAS the Parties declare and confirm that they have settled their disputes amicably with their free consent;
AND WHEREAS the Parties declare that they have arrived at a full and final settlement for the purposes of dissolution of their marriage as specifically mentioned hereunder. NOW THIS DEED WITNESSES AS UNDER:
1. The First Party agrees to pay an amount of Rs. 5,00,00,000/ (Rupees Five Crore Only) to the Second Party in consideration of the full and final settlement for the dissolution of the marriage / divorce between the Parties. The abovementioned amount shall be paid by way of a Post Dated Cheque dated 25.12.2018 drawn by the First Party in favour of the Second Party bearing no. 054543 drawn on ICICI Bank, Vasant Vihar Branch, to be handed over to the Second Party at the time of passing of the final Order / Judgement of the Hon’ble Supreme Court of India in the Transfer Petition.
2. In addition to the aforesaid, the Parties shall exchange each other’s belongings as has been detailed in Annexure A to this Deed on or before the 31st of December 2018 at a mutually convenient time and place.
3. There shall be no demand in any manner whatsoever, after the execution of this Deed from either Party, except what is stated hereinabove, and all the rights, claims, grievances etc. shall stand satisfied and discharged.
4. This Agreement is binding upon the Parties and upon their heir(s), successor(s), executor(s), legal/ personal representative(s), administrator(s) and assignee(s).
5. There shall be no future alimony to either party qua this marriage at any point of time in future.
6. No party shall be having any right in any property of each other in any form at any point of time in future.
7. This deed, including the Annexure A, constitutes the entire agreement entered between the Parties. No representations or promises have been made except those that are set out in this Deed. This Deed shall not be modified and / or terminated, except in writing signed by both the Parties.
8. Pursuant to the execution of this Deed and the final Order / Judgement of the Hon’ble Supreme Court of India in the Transfer Petition, all litigations mentioned hereinabove shall be withdrawn/ disposed off and the Parties agree that the aforesaid present full and final settlement shall satisfy all their claims, rights, grievances, demands etc. against each other and that the Parties shall not raise any further claim or initiate any other proceeding / litigation against each other in any Court, Forum, Tribunal, Authority etc. in this or any other country with respect to their marriage / this subject matter or any other matter incidental to the present marriage or dispute . Failure of adherence of the present clause shall make the Party liable for a prima facie contempt, at which instance, the production of this Deed shall be sufficient for invoking the contempt proceedings against the Party liable, if need be.
9. The First Party assures and confirms that the cheque of Rs. 5,00,00,000/ (Rupees Five Crore Only) mentioned in paragraph 1 of this Deed shall be honoured on presentation. In the event the aforesaid cheque is not cleared / bounced / returned unpaid by the bank at its presentation, the Divorce Petition shall automatically stand reinstituted at the present stage.
10. The Parties confirm that except the Divorce Petition and the Transfer Petition, there are no other cases filed by the Parties against each other.
11. This Deed shall be made in triplicate as one to be retained by each party in original and one to be handed over to the Hon’ble Supreme Court for being attached to the final decree, the certified copies whereof may be obtained by the Parties.” IN WITNESSES WHEREOF, both the Parties have signed this Deed at New Delhi in the presence of each other and in the presence of the following witnesses:
WITNESSES
1.
2.
(FIRST PARTY) (SECOND PARTY) On realisation of the amount, It will be open for the parties to move a formal application under Section 13B of the Hindu Marriage Act, 1955 before this Court for dissolution of marriage.
The Marriage Petition No. A545 of 2017 pending before the Principal Judge, Family Court, Bandra, Mumbai, Maharashtra shall stand transferred to this Court to be taken up and disposed of along with the transfer petition.
List the matter on 08.01.2019.
(SHASHI SAREEN) (RENU DIWAN) AR CUM PS ASSISTANT REGISTRAR
(Signed order and original Deed of Settlement are placed on the file)