Supreme Court - Daily Orders
Anjana Malisetty vs Gavara Chandrakant on 1 December, 2020
Author: V. Ramasubramanian
Bench: V. Ramasubramanian
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION CIVIL NO.1903/2018
ANJANA MALISETTY Petitioner(s)
VERSUS
GAVARA CHANDRAKANT Respondent(s)
O R D E R
After the Transfer Petition was admitted, the matter was referred to the Supreme Court Mediation Centre. Before the Supreme Court Mediation Centre the parties entered into the settlement agreement. The settlement agreement read as follows:-
“SETTLEMENT AGREEMENT This Settlement Agreement is entered into between the Petitioner, Ms. Anjana Malisetty, D/o Malisetty Venkata Jagannadha Rao, Aged about 30 years, R/o. Flat No. 543, Metroview Apartments, Pocket-B, Sector 13, Dwarka, New Delhi- 110078 and Mr. Chandrakant Gavara, S/o Mr. G. Parthasaradhi, Aged about 32 years, R/o. Flat No. 502, Padmaja Paradise, Srinagar Colony, Hyderabad, Telangana – 500073 hereinafter collectively referred to as “the Parties”.
1. The brief facts are that the Petitioner, Ms. Anjana Malisetty and the Respondent, Mr. Chandrakant Gavara were married on 12.12.2014 in accordance with Hindu rites and customs. No Child has been born from the said wedlock. Since differences arose between the parties husband and wife, they are now living separately since Octo-
ber, 2016.
Signature Not Verified2. That eventually, the Respondent herein moved a Divorce Petition Digitally signed by JAGDISH KUMAR Date: 2020.12.02 numbered as F.C. O.P. No.94 of 2018 under Section 13(1)(i)(a) of the 15:54:37 IST Reason:
Hindu Marriage Act, 1955 before the Ld. Family Judge, City Civil Court at Hyderabad, Telangana. Subsequently, the Petitioner herein 2 filed a Transfer Petition bearing number T.P.(C) No.1903 of 2018 be- fore the Hon’ble Supreme Court for transfer of the Divorce Petition to Family Court at Dwarka, South-West District, Delhi.
3. That vide Order dated 02.08.2019 passed in T.P. (C) No.1903 of 2018, the Hon’ble Supreme Court was pleased to direct parties to ap- proach the Supreme Court Mediation Centre on 30.08.2019 at 2 P.M. Thus, pursuant to the Order dated 02.08.2019, a comprehensive and lengthy mediation session was held on 30.08.2019 and 28.09.2019 with the following agreed between both parties:-
4. DIVORCE BY MUTUAL CONSENT During the course of mediation, the Petitioner and the Respon- dent have decided not to continue their marriage and have decided to dissolve their marriage by mutual consent under the following settle- ment terms:-
A) It is agreed between the parties that in pursuance of their deci-
sion to dissolve their marriage by mutual consent, they shall jointly make a prayer before the Hon’ble Supreme Court of India that the Hon’ble Court may be pleased to grant a decree of di- vorce at the next date of hearing.
B) Alternatively, it is agreed between the parties that they shall jointly file a Fresh Divorce Petition under Section 13B of the Hindu Marriage Act, 1955 before the Ld. Family Court, Dwarka, South-West District, Delhi.
5. ALIMONY AND MAINTENANCE That after the mediation the parties had mutually agreed to set- tle the matter and pursuant thereto the Respondent had agreed that he shall pay a full and final sum of Rs. 85,00,000/- (Rupees Eighty-Five Lakhs Only) to the Petitioner as per the following terms-
3A) A sum of Rs. 85,00,000/- will be paid to the Petitioner by the Respondent vide Demand Draft to be handed over before the Hon’ble Supreme Court during next hearing in TP (C) No.1903 of 2018 if the Hon’ble Supreme Court chooses to graciously accept the joint prayer of the parties to dissolve the marriage at the next hear- ing.
B) If, in the alternative, the parties are directed by the Hon’ble Supreme Court to file a First and Second Motion for divorce by mutual consent u/s 13-B of the Hindu Marriage Act before the Ld. Family Court, Dwarka, South-West District, Delhi, the following schedule of payment shall apply-
(i) Rs. 50,00,000/- at the time of filing first motion by mu- tual consent under Section 13B(1) of the Hindu Marriage Act, 1955.
(ii) Rs. 35,00,000/- at the time of filing Second motion by mu- tual consent under Section 13B(2) of the Hindu Marriage Act, 1955.
C) It is agreed between the parties that the said amount of Rs.
85,00,000/- shall be towards full and final settlement of all the claims whatsoever of the Petitioner against the Respondent on ac- count of Permanent Alimony, Stridhan, Maintenance etc. and the Respondent has handed over the items belonging to the Petitioner which were part of her claim for Stridhan. Thus, the Petitioner shall have no claim, of any sort, against the Respondent in fu- ture over the movable and immovable property of the Respondent and/or his family members.
6. It is agreed between the Petitioner and the Respondent that they will make a joint prayer before the Hon’ble Supreme Court in the T.P. (C) No.1903 of 2018 pending before the Hon’ble Supreme Court to dissolve the marriage in terms of the present Settlement Agreement, 4 to save further litigation between the parties.
7. It is agreed between the parties that in case for any reason, the Hon’ble Supreme Court does not grant the aforesaid prayer as described in Clause 6 mentioned above, then the Petitioner and the Respondent shall move the competent Court at Family Court, Dwarka, South-West District, Delhi or the competent court as directed by the Hon’ble Supreme Court for seeking a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, within a period of three weeks from the date of the final order of the Hon’ble Supreme Court passed in the T.P. (C) No.1903 of 2018.
8. It is agreed between the Petitioner and the Respondent that they shall not interfere with each other’s personal or professional life post obtaining the divorce by mutual consent and after execution of the present Settlement Agreement.
9. It is agreed between the parties that they have mutually agreed that this settlement is full and final and there shall remain no dispute, difference, litigation, claim or counter claim(s) whatsoever, whether tangible or intangible of any nature between the Parties and the Parties shall take necessary steps and actions to implement this Agreement in its true letter and spirit.
10. It is agreed between the parties that they agree not to file any criminal or civil case against each other or against their respective parents and their relatives, in future except the following
(a) The Respondent shall withdraw F.C. O.P. No.94 of 2018 filed under Section 13(i)(a) of the Hindu Marriage Act, 1955 before the Ld. Family Judge, City Civil Court at Hyderabad, Telangana.
(b) The parties shall jointly file for a Divorce Petition by mutual consent under Section 13B of the Hindu Marriage Act, 1955 in case the Hon’ble Supreme Court does not grant divorce in T.P. (C) No.1903 of 2018.
11. It is agreed between the parties that they hereby covenant that 5 the there is no force, fraud, undue influence or coercion in concluding and entering into the above terms of mutual consent for grant of divorce by way of mutual consent.
12. By signing this Agreement the parties hereto solemnly state and affirm that they have no further claims whatsoever or demands against each other including maintenance, jewellery or any other movable or immovable properties and all the disputes and difference have been amicably settled by the Parties through the process of Mediation.
13. That the Parties undertake before the Hon’ble Supreme Court of India to abide by and be bound by the terms and conditions set out in the present Settlement Agreement and not to dispute the same hereinafter in future.
14. The contents of this Settlement Agreement have been explained to all the parties.
(Sd./-) (Sd./-)
(Petitioner) (Respondent)
(Sd./-) (Sd./-)
(Advocate for the Petitioner) (Advocate for the Respondent)
(Sd./-)
Mediator
Supreme Court of India
Date:28th September, 2019”
Thereafter, the parties have filed a joint application seeking a decree of divorce by mutual consent, in exercise of the power conferred under Article 142.
6It is stated that the respondent-husband is obliged to pay an amount of Rs.85,00,000/- (Eighty five lakhs) as per the settlement agreement and that today the learned counsel for the respondent is in possession of demand drafts to the tune of Rs. 75,00,000/- (Seventy five lakhs) and a cheque for a sum of Rs. 10,00,000/- (Ten lakhs).
Mr. Zeeshan Diwan, learned counsel for the respondent states that all the three demand drafts and the cheque will be handed over to Ms. Bina Madhawan, learned counsel for the petitioner, today itself. Ms. Bina Madhawan, learned counsel for the petitioner has no objection to the said course of action.
In view of the above, the Transfer Petition is disposed of to the following effect:-
1. The marriage that took place between the parties on 12 th December, 2014 shall be dissolved by a decree of divorce by mutual consent in accordance with Section 13-B of the Hindu Marriage Act, 1955 and this order is passed in exercise of power conferred under Article 142 of the Constitution.
2. The counsel for the respondent shall hand over the three demand drafts for the total amount of Rs.75,00,000/- (Seventy five lakhs) and the cheque for the amount of Rs.10,00,000/- (Ten lakhs) today itself to the learned counsel for the petitioner and the respondent shall honor the cheque when presented by the wife for payment.
3. The parties will have no further or other claims against each other.
New Delhi 1st December, 2020 …………………………………………J. [V. RAMASUBRAMANIAN] 7 ITEM NO.2 Court 8 (Video Conferencing) SECTION XVI-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). 1903/2018 ANJANA MALISETTY Petitioner(s) VERSUS GAVARA CHANDRAKANT Respondent(s) (FOR ADMISSION and IA No.161306/2018-EX-PARTE STAYMEDIATION REPORT RECEIVED IA No. 101210/2020 - APPLICATION FOR SETTLEMENT IA No. 161306/2018 - EX-PARTE STAY) Date : 01-12-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. S. Uday Kumar Sagar, Adv.
Ms. Bina Madhavan, Adv.
Ms. Swati Bhardwaj, Adv.
Ms. Sweena Nair, Adv.
M/S. Lawyer S Knit & Co, AOR
For Respondent(s) Mr. Zeeshan Diwan, Adv.
Ms. Nupur Kumar, Adv.
Mr. Prastut Dalvi, Adv.
Mr. Sunil Fernandes, AOR
UPON hearing the counsel the Court made the following O R D E R The transfer petition is disposed of in terms of the signed order.
Pending application(s), if any, shall also stand disposed of.
(JAGDISH KUMAR) (DIPTI KHURANA)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed order is placed on the file.)