Supreme Court - Daily Orders
Amrita Jena vs Sushanta Kumar Das on 25 January, 2024
Author: Abhay S. Oka
Bench: Abhay S. Oka
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO(S). 1405/2023
AMRITA JENA PETITIONER(S)
VERSUS
SUSHANTA KUMAR DAS RESPONDENT(S)
O R D E R
Heard the learned counsel appearing for the parties.
The petitioner-wife and the respondent-husband have entered into a Settlement Agreement dated 25 th November, 2023, which is signed by both of them and their respective learned counsel in the presence of the learned Mediator attached to the Supreme Court Mediation Centre.
The marriage between the petitioner and the respondent was solemnized on 2nd July, 2014. There is one child born from the wedlock. The parties have been residing separately from 5th December, 2019.
As the parties have found that they are unable to reconcile their differences, they have agreed to dissolve the marriage by mutual consent. All the issues including the issue of maintenance of the minor child and the wife as well as the issue of custody of the minor child have been resolved as can be seen from the Settlement Agreement.
Therefore, in our view, this is a fit case to exercise the Signature Not Verified jurisdiction of this Court under Article 142 of the Constitution of Digitally signed by ASHISH KONDLE Date: 2024.02.03 12:47:38 IST Reason: India to dissolve the marriage.
1Paragraphs 2 to 6 of the Settlement Agreement read thus:
“2. Many trivial avoidable circumstances blew out of proportion and on account of such acrimony, parties were led to initiate following litigations:-
(i) Petition under Section 13 of the Hindu Marriage Act, 1955, bearing C.P. Case No. 84 of 2022, before the Court of Judge Family Court, Jajpur filed by the Husband(Second Party).
(ii) Complaint Under Section 125 of Code of Criminal Procedure, 1973, Maintenance Case No. 237 of 2020 before the Ld. Principal Judge, Family Court, Dwarka Court, Delhi, by the petitioner wife first party against the Respondent Husband (Second Party).
(iii) FIR No. 401 of 2020, under sections 498A, 406, and 34 IPC at Police Station Sector 23, Dwarka, initiated by the petitioner Wife against the Respondent Husband and his father Dhruba Charan Das and Mother Pramila Das pending before Mahila Court Dwarka Court.
(iv) Complaint Case No 7336 of 2020 Under section 12 of Domestic Violence Act initiated by the Petitioner wife before the Chief Metropolitan Magistrate, Dwarka Court, Delhi.
(v) G.P case No 100 of 2022 under Section 25, red with Section 12 of Guardians and ward Act 1890 filed by Husband before the Principal Judge Family Court, Dwarka, Delhi.
3. This is a case where the marriage was solemnized about 09 years ago and it has been nearly 04 years since the parties parted company in December, 2019 a few attempts were made between the members of the family to settle and mediate the disputes, which were not resolved.
4. Pursuant to the said petition under section 13 of the Hindu Marriage Act, 1955 preferred by the Respondent-Husband before the Hon'ble Family Judge, Jajpur, Odisha, the Petitioner-Wife moved the present Transfer Petition bearing TP No. 1405 of 2023 before the Hon'ble Supreme Court of India seeking transfer of the aforesaid petition under section 13 of the Hindu Marriage Act, 1955.
5. Thereafter, vide, order dated 2.8.2023, the Hon'ble Court was pleased to refer the parties to 2 mediation, before the Supreme Court Mediation Centre.
6. Comprehensive mediation sessions were held with the parties separately and jointly along with their respective counsels on 23.08.2023, virtually, and physically on 06.09.2023, 25.09.2023, 12.10.2023, 30.10.2023, 09.11.2023 and today i.e. 25.11.2023 at the centre in New Delhi. Attempts were made to explore any possibility to reconcile but parties have voluntarily on their own free will, volition and without any force or coercion/intimidation/undue influence and in absence of any possibility of reconciliation; amicably resolved to settle all their disputes and differences in presence of me the undersigned Mediator on the following terms and conditions:-
i) Both parties hereto confirm and declare that they have voluntarily and of their own free will, decided not to live together as husband and wife as their wedlock has now virtually become a deadlock and chances of reunion had completely faded away and there is complete destruction of the essence of marriage between parties and the same has already irretrievably broken down.
ii) In the background of the circumstances and keeping in mind the deleterious effect of the continuance of a sterile marriage on their future lives, both parties agree for divorce by mutual consent as they feel this is the only just and proper way to allow them to spend their remaining period of life happily with contentment instead of compelling them to lead a miserable and emotional life without any constructive purpose.
iii) Both parties confirm and declare that they shall jointly pray before the Hon'ble Supreme Court of India for disposing of the present Transfer Petition (Civil) No. 1405 of 2023 and grant a decree of divorce by mutual consent by exercising its inherent powers under Article 142 of the Constitution of India in the interest of both parties who have been living apart for long and granting a decree of divorce straightaway shall enable the unwilling parties to put an end to their unfold misery. Both parties agree to move a joint application before the Hon'ble Supreme Court of India for the above mentioned purpose.
The parties shall also make a prayer to the Hon'ble Supreme Court of India for quashing/disposing all proceedings as mentioned herein before in para no 2.
3iv) The Respondent Husband Second Party has undertaken to open a Fixed Deposit Receipts, jointly in the name of the Petitioner Wife and their only male child, i.e., Prityansu Sekhar Das. The FDR shall be for the sum of Rs.4,00,000/- only-. The FDR of Rs.4,00,000/- shall be made until the year 2034, i.e., when Prityansu Sekhar Das turns 18. It is to ensure that the Fixed Deposit shall secure the child's higher education, and pay the costs for college or university education. The entire amount of money in the FDRs shall be utilized solely by the Son Prityansu Sekhar Das and the Petitioner Wife will not have any claim over the amounts in these FDRs. The original documents relating to the FDRs shall remain in the custody of the Petitioner. The Petitioner shall open a joint account in the name of herself and the Son Prityansu Sekhar Das to deposit the FDRs. The FDRs mentioned herein above shall be made before the Application under Article 142 of the Constitution of India is made.
v) While the intention behind the FDR is to secure the financial future of Master Prityansu Sekhar Das in the event of any emergency with regard to medical exigencies or for the purpose of higher education only.
vi) The Application under Article 142 of the Constitution of India shall be made only after the Fixed Deposit Receipts mentioned in clause (iv) shall be made.
vii) The Respondent Husband shall additionally give the Petitioner a sum of Rs. 10,00,000/- (Rupees Ten Lacs) as the one time sum towards permanent alimony. The Petitioner wife shall accept this sum as a one time full and final Settlement towards her permanent alimony, stridhan etc. which includes the regular maintenance and education of the child Prityansu Sekhar Das. The Petitioner Wife shall not raise any claim for maintenance in the future. The payment shall be made as follows:
1- By way of RTGS Rs 2,00,000/- (Rupees two lacs only) on or before 18.11.2023.
2- By way of Demand draft or RTGS Rs 4,00,000/-(Rupees four lac only) on or before 7.12.2023.
3- By way of Demand draft of RTGS Rs 4,00,000/- (Rupees four lac only) on or before 7.1.2024.4
Following the conditions of settlement as discussed before the Supreme Court mediation Center on 09.11.2023 the respondent husband has transferred the first installment of Rs. 2,00,000/- (Rupees two lacs only) in the petitioner wife's account on 17.11.2023 through RTGS.
viii) The Respondent husband shall ensure that the insurance policy premium is paid, until the policy period and share the details of such policy with the Petitioner Wife and after the Maturity of the documents there of it would be handed over to the child
ix) The respondent husband shall renew the CHC card for the child which is due for renewal in 2024. The husband shall bear the to and fro travel expense from Delhi to Bhubaneswar of the petitioner wife and the child by train for this purpose.
x) Both parties further agree that in case the Hon'ble Supreme Court of India is not inclined to invoke Article 142 of the Constitution of India for granting the decree of divorce by mutual consent OR for quashing the above mentioned cases filed by the parties against each other, they shall take following steps to give effect to this present Settlement Agreement:-
a) Both parties shall, within two weeks of the order of the Hon'ble Supreme Court of India disposing of the present Transfer Petition (Civil) No. 1405 of 2023, initiate proceedings to withdraw all litigations/complaints filed by them against each other and are pending in various courts/authorities, as mentioned herein before in paragraph 2 above and
b) Both parties thereafter shall file Petition for divorce by mutual consent under Section 13 (B) of Hindu Marriage Act, before the Family Court, Delhi, Dwarka Courts, Delhi and also simultaneously initiate necessary proceedings before competent court(s) for quashing the complaint as aforementioned wherein the expenses of filing both the mutual consent divorce petitions by way of First and Second Motion respectively and moving the High Court under section 482 shall 5 be borne by both parties individually.
xi) Both parties have further agreed, resolved and unequivocally state that they shall not initiate any further civil/criminal complaint/case or other proceedings before any court/forum or authority against each other and/or their family members AND in case any case/complaint/proceedings are found to be pending before any court/forum/authority, the same shall be deemed to have been settled in terms of the present Settlement Agreement.
xii) Both Parties agree that the custody of the child until the age of 18 shall be with the Petitioner wife. The Respondent Husband shall however retain the right to visit the child on third Saturday every month at family Court Dwarka premise for two hours, on giving the Petitioner wife prior information and confirmation. However, this time can be extended if the Child feels comfortable and seeks more time 03:00 P.M to 05:00 P.M. Grandparents shall be allowed to visit the Child along with the respondent husband twice a year with prior information before fifteen days.
The Petitioner wife shall allow the husband a ten minutes video call with the Child on First Sunday every month for minutes from 9am to 9.10 am.
It is pertinent to mention here that the Respondent shall ensure petitioner child security and safety while visiting the child from him to his family members. It has to be ensured that no untoward incident happens during all such visits.
xiii) Both parties agree and undertake not to interfere in the life of each other in any manner and also undertake not to make any allegations, defamatory or derogatory, against each other and their respective family members personally or on any public forum and/or through social media i.e. WhatsApp, Facebook, twitter, Instagram etc. or in any other manner whatsoever.
xiv) Both parties agree and undertake to be bound by the terms of the present Settlement Agreement. The parties further agree and undertake that they shall not resile from or dispute this Settlement Agreement in future.
xv) Both parties agree that they have arrived at 6 the present Settlement Agreement with their own free will and desire and without any pressure, fraud, force, coercion or undue influence by either of the parties and/or their family members. The parties also agree that the contents of the present Settlement Agreement have been read over to them by the Mediator and they have understood the contents of the same in its true letter and spirit.
xvi) Both parties hereto state that they have no further claims, demands against each other as all the disputes and differences between the parties have been amicably settled hereto through the process of Mediation.
xvii) In view of the terms of this Settlement Agreement, parties herein reiterate to withdraw and/or quash all the pending cases/com-
xviii) In view of the terms of this Settlement Agreement, parties herein reiterate to withdraw and/or quash all the pending cases/complaints, if any, against each other before any court of law or any other forum and would take all necessary steps for doing the same.” Accordingly, we pass the following order:
(i) The marriage between the petitioner-Mrs. Amrita Jena and the respondent-Sushanta Kumar Das solemnized on 2nd July, 2014, is hereby dissolved by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955;
(ii) C.P. Case No. 84 of 2022, pending before the Court of learned Judge, Family Court, Jajpur, stands disposed of in terms of this order;
(iii) Maintenance Case No. 237 of 2020 pending before the learned Principal Judge, Family Court, Dwarka Court, Delhi, stands disposed of in terms of the Settlement Agreement;
(iv) FIR No. 401 of 2020, under Sections 498A, 406 and 34 IPC at Police Station Sector 23, Dwarka, Delhi, pending before Mahila Court, Dwarka Court, Delhi, is hereby quashed by the 7 consent of the parties;
(v) Complaint Case No. 7336 of 2020 pending before the learned Chief Metropolitan Magistrate, Dwarka Court, Delhi, is disposed of in terms of the Settlement Agreement;
(vi) G.P Case No. 100 of 2022 pending before the learned Principal Judge, Family Court, Dwarka, Delhi, stands disposed of in terms of this order;
(vii) A decree shall be drawn in the above terms within a maximum period of one month from today. The aforesaid clauses shall be incorporated in the decree; and
(viii) Clause 6(iv) of the Settlement Agreement provides that a sum of Rs.4,00,000/- (Rupees Four Lakhs) should be invested in the name of the minor child- Prityansu Sekhar Das by the respondent in a fixed deposit for the benefit of the minor child. The fixed deposit account shall be opened jointly in the name of the petitioner and the minor child. It is an admitted position that the respondent has transferred a sum of Rs.4,00,000/- (Rupees Four Lakhs) to the petitioner to enable her to open a fixed deposit account as agreed. The learned counsel appearing for the petitioner states that for opening a fixed deposit account, PAN Card of the child is required. The learned counsel further states that the petitioner has applied for issuance of PAN Card which is likely to be received within a week or so. The learned counsel, on the instructions of the petitioner, undertakes to complete the formalities of investing the aforesaid sum of Rs.4,00,000/- (Rupees Four Lakhs) in a fixed deposit account as agreed within a period of 8 two weeks from today. The learned counsel appearing for the petitioner shall provide a photocopy of the fixed deposit receipt to the learned counsel representing the petitioner within a period of three weeks from today.
We record our appreciation for the reasonable stand taken by the parties as well as by their respective learned counsel and the role played by the learned Mediator of the Supreme Court Mediation Centre.
The Transfer Petition stands disposed of on the above terms.
..........................J. (ABHAY S.OKA) ..........................J. (UJJAL BHUYAN) NEW DELHI;
JANUARY 25, 2024.
9 ITEM NO.1 COURT NO.7 SECTION XI-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). 1405/2023
AMRITA JENA PETITIONER(S)
VERSUS
SUSHANTA KUMAR DAS RESPONDENT(S)
(IA No. 108170/2023 - STAY APPLICATION) Date : 25-01-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Ms. Shubra Mendiratta, Adv.
Ms. Anjana Mishra Jha, Adv.
Mr. Sudhir Mendiratta, AOR For Respondent(s) Mr. Sounak S. Das, Adv.
Mr. Sanjeev Bhatnagar, Adv.
Mr. Anshul Kumar, Adv.
Ms. Urvashi Raj Soni, Adv.
Mr. Saroj Endlaw, Adv.
Mr. Amit Sharma, 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 stands disposed of accordingly.
(ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
[THE SIGNED ORDER IS PLACED ON THE FILE] 10