Supreme Court - Daily Orders
Sweta V. Agarwal vs Vishal A Agarwal on 31 October, 2023
Author: Hima Kohli
Bench: Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 475 OF 2023
SWETA V. AGARWAL PETITIONER
VERSUS
VISHAL A AGARWAL RESPONDENT
ORDER
1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for divorce filed by the respondent-husband under Section 13(1) (ia) of the Hindu Marriage Act, 1955 bearing Petition No. A 723 of 2022, titled as “Vishal A. Agarwal Vs. Sweta V. Agarwal” pending before the Judge, Family Court No.3 at Bandra, Mumbai, Maharashtra to the Court of competent jurisdiction in the Family Court, Bangalore, Karnataka.
2. During the pendency of the transfer petition, the parties were referred to the Supreme Court Mediation Centre. In the process of mediation, the parties have arrived at a settlement which has been reduced into writing by way of a Settlement Agreement dated 18 th September, 2023, forwarded by the Supreme Court Mediation Centre.
3. We have examined the Settlement Agreement dated 18 th September, 2023. The same has been signed by both the parties, duly witnessed by their respective counsel and bears the signatures of the learned Mediator. Both the parties have arrived at a comprehensive full and Signature Not Verified Digitally signed by POOJA SHARMA Date: 2023.11.22 15:31:34 IST final settlement. Through the said Settlement Agreement, it has been agreed that the Reason:
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petitioner-wife would receive a sum of ₹23,00,000/- from the respondent-husband as full and final amount towards istridhan and maintenance - past, present and future by way of a demand draft/pay order.
4. It has been further agreed that as a consequence of the settlement, all the pending litigations between the parties would be brought to an end and their marital relationship having irretrievably broken down, this Court be requested to exercise its power under Article 142 of the Constitution of India and dissolve the marriage between the parties, solemnized on 24th April, 2017.
5. The petitioner-wife and the respondent-husband are present in Court today. The respondent-husband has handed over a demand draft of ₹23,00,000/- (Rupees Twenty Three Lakhs only) dated 26th October, 2023, drawn on Bank of Maharashtra, Bangalore, Jayanagar, bearing no. 159350 in favour of the petitioner-wife.
6. The Settlement Agreement dated 18 th September, 2023 arrived at between the parties is taken on record and made a part of this order. In view of the above settlement, the proceedings initiated by the parties against each other shall stand closed/quashed, wherever the cases are pending. A copy of this order shall be produced before the concerned court(s).
7. A joint application1 has been made for dissolution of marriage. Learned counsel for the parties point out that the marriage of the parties was solemnized on 24 th April, 2017, and they had separated on 19th March, 2020. This was a second marriage for both the parties. There is no issue from this wedlock.
8. Having regard to the fact that the parties have been in litigation and residing separately since March, 2020, their marriage is reduced to a dead letter. Accordingly, we deem it 1 I.A. No. 208755 of 2023. 2 appropriate to invoke the powers vested in this Court under Article 142 of the Constitution of India and dissolve the marriage solemnized between the petitioner-wife and the respondent- husband on 24th April, 2017, to serve the ends of justice. A decree of dissolution shall be drawn up subject to fulfilment of all the terms and conditions agreed upon between the parties and recorded in the Settlement Agreement dated 18 th September, 2023.
9. Henceforth, the parties shall not have any claim against each other, whatsoever, in respect of the matrimonial dispute. It is, however, open to the parties to approach this Court in the event of non-compliance of any of the terms of the Settlement Agreement.
10. The transfer petition is disposed of along with pending application(s), if any.
11. This Court places on record its appreciation for the sincere work on the part of the learned Mediator appointed by the Supreme Court Mediation Centre to facilitate a settlement between the parties.
…………......………………...........J. ( HIMA KOHLI ) …………......…………………..........J. ( AHSANUDDIN AMANULLAH ) NEW DELHI;
OCTOBER 31, 2023
PS
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ITEM NO.1 COURT NO.13 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION (CIVIL) NO. 475/2023
SWETA V. AGARWAL PETITIONER
VERSUS
VISHAL A AGARWAL RESPONDENT
(IA No. 38387/2023 - STAY APPLICATION, IA No. 208755/2023-JOINT APPLICATION FOR DIRECTIONS UNDER ARTICLE 142 OF THE CONSTITUTION) Date : 31-10-2023 This matter was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv.
Ms. Kshitij Singh, Adv.
For Respondent(s) Mr. Avinash Kr. Lakhanpal, AOR Mr. Piyush Lakhanpal, Adv.
Mr. Navin Kumar, Adv.
Ms. Priti, Adv.
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, which is placed on the file.
(POOJA SHARMA) (NAND KISHOR)
COURT MASTER (SH) COURT MASTER (NSH)
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