Supreme Court - Daily Orders
Vikram Vaman Apte vs Priyanka Vikram Apte on 24 January, 2025
IN THE SUPREME COURT OF INDIA
EXTRA ORDINARY APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO. 22964 OF 2024
VIKRAM VAMAN APTE PETITIONER(S)
VERSUS
PRIYANKA VIKRAM APTE RESPONDENT(S)
ORDER
1. This petition arises from the order passed by the High Court of judicature at Ahmedabad dated 22.08.2024 in Special Civil Application No. 927 of 2024 by which the High Court rejected the petition filed by the petitioner herein and thereby affirmed the order passed by the Principal Judge Family Court, Ahmedabad below exhibit-5 in Family Suit No.1388 of 2019.
2. To put it briefly this litigation originated from a matrimonial dispute between the parties.
3. The parties got married on 25.12.2010. In the wedlock two daughters were born namely Anushka and Anahira on 24.09.2011 and 01.05.2014, respectively.
Signature Not Verified Digitally signed by CHANDRESH Date: 2025.02.03 18:21:48 IST Reason: 14. The impugned order passed by the High Court arises from the order passed by the Family court relating to the rights of the father to see his two daughters and spend time with them.
5. We need not delve much into the facts of this litigation as we need not adjudicate this petition any longer on merits in the wake of settlement arrived at between the parties.
6. Having regard to the fact that the parties got married, almost 15 years back and were blessed with two daughters, we tried to persuade them to bury their differences and try to reconcile in the interest of their two daughters.
7. However, as destined, they now decided to part-ways honourably, subject to the terms and conditions they have reduced into writing, duly signed and notarized.
8. Ms.Diwan, the learned senior counsel appearing for the husband petitioner and Mr. Pahwa, the learned senior counsel appearing for the respondent-wife submitted that due care has been taken to protect the interest of both the parties, more particularly, the 2 two minor daughters. They submitted that the settlement is fair and equitable to both the parties.
9. The terms of the settlement reduced into writing are incorporated as under:
“SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is executed on this 24th day of January 2025, at New Delhi, by and between:
1. Vikram Vaman Apte, aged about 41 years, son of Vaman Apte, having address at 24B, Woodland Co-operative Housing Society, 67, Gopal Rao Deshmukh Marg, Mumbai – 400 026, hereinafter referred to as the “Husband,” AND
2. Priyanka Vikram Apte, aged about 39 years, wife of Vikram Vaman Apte, having address at 38, Sector-1, Kalhaar Bungalows, Shilaj, Ahmedabad, Gujarat 380 059, hereinafter referred to as the “Wife,” The Husband and the Wife are collectively referred to as the “Parties.” Whereas:
A. According to Hindu rites and customs, the Parties were married on 25.12.2010 in Mumbai.
B. There are two daughters born of the wedlock:
o Anushka, aged about 13 years (Date of Birth: 24.09.2011) o Anahira, aged about 10 years (Date of Birth: 01.05.2014) 3 C. Due to irreconcilable differences, the Parties have been living separately since 23.06.2019, and reconciliation is not possible.
D. The Parties now desire to dissolve their marriage and pray for a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, read with powers vested with the Hon'ble Supreme Court of India under Art. 142 of the Constitution of India, and have arrived at this Agreement voluntarily, without any coercion, force, fraud, undue influence, misrepresentation etc. E. The Parties will accordingly, jointly request for a decree of divorce before the Hon’ble Supreme Court in Special Leave Petition (Civil) No. 22964 of 2024 pending before the Hon'ble Supreme Court. These consent terms shall become implementable upon the grant of decree of divorce and dissolution of marriage in terms of the present agreement.
Now, therefore, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Both Parties confirm that this Agreement reflects a one-time full and final settlement regarding all marital claims, alimony, maintenance, child support, visitation and custody, property, and any other issues arising from the marriage.
2. That there are presently the following proceedings which are pending before the Family Court at Ahmedabad:
a. Family Suit no 1388 of 2019, inter alia seeking Judicial Separation, custody of minor daughters and permanent alimony, seeking reliefs under sections 10, 25 and 26 of the Hindu Marriage Act 1955, and 4 b. Criminal Misc. Application no. 2400 of 2019, seeking maintenance under section 125 of the Indian Penal Code 1860.
c. Petition D/100055/2019, titled as Vikram Vaman Apte Vs Priyanka Vikram Apte, filed under Guardianship and Wards Act, 1890, before Family Court at Mumbai, later transferred to Family Court at Ahmedabad.
d. Family Suit No. 567 of 2022, titled as Vikram Vaman Apte Vs. Priyanka Vikram Apte, inter alia for a decree of divorce / dissolution of marriage, pending before the Family Court at Ahmedabad.
e. EXE R – Execution Petition – Regular No. 50/2024, titled as Priyanka Apte Vs. Vikram Apte pending before the Family Court at Ahmedabad.
f. Criminal Misc. Application no. 2882 of 2024 for recovery of the amount of interim maintenance under Section 125 of CrPc.
3. Apart from the above, presently Special Leave Petition (Civil) No. 22964 of 2024 is pending before the Hon'ble Supreme Court of India. It is arising out of the final order and judgment dated 22.08.2024 passed by the Hon’ble High Court of Gujarat at Ahmedabad in R/Special Civil Application No. 927 of 2024 whereby the Hon’ble High Court dismissed the petition filed by the Petitioner, confirming the order/s of Ld. Family Court at Ahmedabad dated 03.11.2023 in Family Suit No. 1388 of 2019 below Exh. 5, 48 and 50. By way of the order passed below Exh. 5, the Ld. Family Court has directed the Husband to not take custody of minor daughters, Anushka – 13 years and Anahira - 10 years, from 5 the mother and vide common order below Exh. 48 and 50, the Ld. Family Court has directed the mother to intimate the Husband as and when there is a vacation period or holiday for the minor daughters and the Husband is permitted to meet on two consecutive days from 11:00 AM to 6:00 PM in Ahmedabad in the presence of the mother. The parties are also directed to consider the convenience and the wishes of the children during the period of visitation.
4. That on 04.10.2024, the Hon'ble Supreme Court rejected the following Special Leave Petitions of the husband arising from interim / interlocutory directions/ orders in the pending proceedings:
a. Special Leave Petition (Civil) N0. 23109 of 2024, arising out of Order dated 22.08.2024 passed by the Hon'ble High Court of Gujarat at Ahmedabad in R/Special Civil Application No. 20117 of 2023, whereby the Hon’ble High Court has upheld the orders passed below Exh.55, 80, 65 and 88 by the Principal Judge, Family Court, Ahmedabad in Family Suit No. 1388 of 2019. The said orders result in directing the Husband to pay a sum of Rs. 8,40,000/- and Rs. 9,25,916/-, being the amount of school fees paid by the Wife for minor daughters of the parties for the period between June 2019 to November 2022 and a direction to the Husband to pay all upcoming school fees in future.
b. Special Leave Petition (Criminal) Diary No. 37971 of 2024, arising out of an order dated 23.07.2024 passed in R/ Criminal Revision (For Maintenance) No. 1486 of 2023, whereby the Hon'ble High Court of Gujarat at Ahmedabad confirmed the order passed by the Ld. Family Court, Ahmedabad, granting interim maintenance to the wife and two daughters to the tune of Rs. 75,000/- per month and Rs.6
50,000/- per month to each minor child (total Rs. 1,75,000/-
per month) over and above the educational expense and boarding expense of the two daughters.
5. The parties have now, in the best interest of their daughters, decided to put an end to all litigation and acrimony by way of the present comprehensive/ full and final settlement.
6. The Wife acknowledges that the amounts agreed herein are fair and reasonable, and constitute her full and final claim in respect of alimony, maintenance, and any other financial claim against the Husband. The obligations of parties herein and more particularly under below-mentioned Clauses “I. ALIMONY AND MAINTENANCE TO WIFE AND DAUGHTERS”, “II. CUSTODY AND VISITATION” and “III.
MISCELLANEOUS” shall be binding between the Parties. All the obligations of the Parties under the present agreement shall constitute a solemn undertaking before the Hon'ble Supreme Court in the pending Special Leave Petition (Civil) No. 22964 of 2024.
7. The Parties declare that they have no jointly owned property.
8. The Parties agree that the provisions of this Agreement constitute a full and final settlement of all past, present, and future claims arising out of the marital relationship, including but not limited to maintenance, alimony, child support, and any other claims on part of the Wife and the daughters. It is further clarified that the daughters shall inherit moveable or immovable property based on the wishes of the father, which he may write down in the form of a Will. However, the Wife shall have no right, title, claim or say in the manner in which the Husband decides to distribute his assets to the daughters.
79. Upon execution of this Agreement and obtaining a decree of divorce by mutual consent, neither Party shall have any future claim against the other Party in respect of the marriage, except as explicitly provided herein, and all pending proceedings between parties, narrated at Paragraph 2 above or otherwise, shall stand withdrawn and disposed of in terms of the present agreement and the order of the Hon'ble Supreme Court that may be passed in this regard. Upon such order of the Hon'ble Supreme Court all ad-interim, interim or interlocutory orders in such pending proceedings shall stand vacated. The Parties unconditionally withdraw all allegations made against each other and their families and shall not make any claims, assertions or allegations publicly or otherwise and shall not cause any defamation or harm the reputation of the other or their families in any manner.
10. Any modification to this Agreement shall be valid only if made in writing and signed by both Parties.
11. In the event of any issue arising out of the implementation of the present terms of agreement, either party will be at liberty to file appropriate application before the Honorable Supreme Court for appropriate order/directions.
I. ALIMONY AND MAINTENANCE TO WIFE AND DAUGHTERS The Husband shall pay to the Wife amounts under various heads as under and no other amount shall be payable, except as specifically and expressly mentioned herein:
Sr Particulars Amount Payment schedule no. (Rs.) A Reimbursement 66,80,037/- Amount of 8 of School fees Rs.61,40,736/- is paid for both the and rest of the amount daughters will be paid by 15/02/2025 i.e Rs. 5,39,301/-
B Past 1,15,50,000/- Already paid:
Maintenance for 76,89,264/-
daughters and Balance: 38,60,736/-,
Wife To be paid as under:
By 31.01.2025,
Rs. 35,00,000/-
By 15.02.2025,
Rs. 3,60,736
C Lump-sum 1,69,00,000/- Payable by 30.06.2025.
towards Rs. 1 Crore to be paid
Maintenance and to the Wife
Alimony Balance to be equally
divided between both
the daughters
D Future School Up to The school fees will be
fees* for both 1,32,00,000/- deposited by the
the daughters Husband with the wife
till they turn within 10 days of
18 years old intimation by the Wife,
of the school raising
invoices or demands for
the same.
The reimbursement/s for
school fees shall not
exceed Rs. 12 Lakhs per
annum for each
daughter.
E Streedhan of To be returned The Wife can collect at
Wife, to be to Wife a mutually agreed date
returned and retain, her
parental streedhan as
well as the streedhan
gifted by the Husband /
his family
9
TOTAL (A+B+C+D)
(Rupees Four 4,83,30,037/-
Crores Eight-
Three Lakhs
Thirty Thousand
Thirty-Seven
only)
*School fees shall consist of all payments to be made by the daughters as may be mandated by the school from time to time subject however to a cap of Rs.12 lakhs per annum per child until they attain the age of majority. Expenses in respect of overseas exchange programs and foreign trips of any nature will not be payable by the father. NOTE: The amount to be reimbursed by the Husband for school expenses of the daughters shall at no point exceed Rs. 12 Lakhs per annum per child. The Wife shall bear any amount over Rs. 12 Lakhs per annum per child.
The original documents/certificates/reports of children and wife including but not limited to PAN Card to be given to the wife by 31st January 2025.
The Husband has been paying for the medical insurance of the daughters and shall continue to so pay for the existing policies, apart from the present settlement. If the daughters become eligible in their capacity as children, to avail Sports club memberships where the Husband holds memberships, the Husband shall make such memberships available to the daughters upon such request being made and subject to grant of such membership by the Club in question.1
II. CUSTODY AND VISITATION
i. Parties concur that the Wife will have custody and
guardianship of the children, specifically, Anushka Vikram
Apte, aged approximately 13 years, and Anahira Vikram Apte, aged around 10 years.
ii. The children’s school holidays (summer and winter) shall be spent for upto half of the total duration with the Husband and his family and for any other period/s as may be mutually agreed between parties. During these stipulated periods, the Husband and his family shall enjoy individual parenting time. This period will be reached gradually and progressively taking into account the interest, well-being and consent of the children.
iii. Parties shall exercise flexibility and accommodation regarding the apportioning of school vacations.
iv. The Husband and his family shall be entitled to meet the children at their school as all parents do, as per school policy, enabling them to meet the children at the boarding school gradually and progressively, taking into account the interest, well-being and consent of the children. The Husband's details (phone number and email ID) shall be added as a father in the school record for both daughters. All PTA meetings shall be attended by both the Parties. The Husband, as the father, shall have access to the periodic reports of the children, and their academic and overall progress at school. The Husband’s contact details shall be furnished to the school as their father and the same shall be facilitated by the Wife by making necessary intimation/ communication to the school.1
v. Husband, as the father, will have the right to provide guidance, advice, counsel and hold joint deliberations in decisions about aspects of the children namely future, career and healthcare.
vi. The Husband's grandmother is 87 years old and is wheelchair-
bound. The girls will visit her in Mumbai at the earliest taking into consideration their schedule.
vii. During the children’s apportioned vacation stay with the Husband, the Husband shall take full responsibility for the girls’ physical and mental well-being as well as fulfill all academic and extra-curricular responsibilities towards the girls including but not restricted to holiday homework, assignments, extra-classes, courses and tests and will make sure these responsibilities are carried out ably and supportively to ensure the best academic and/or other outcome for the children. The husband will also ensure the safety and security of the children including but not restricted to online/internet security, ensuring all screen time is restricted and monitored, and exercising parental control. The husband will also ensure that the girls’ recreation, physical fitness and healthy dietary habits are taken care of and monitored, exercising parental control.
viii. Parties shall further engage in endeavours for the well-being of their offspring. The wife will take responsibility for cultivating a positive attitude of the children towards the Husband regarding meetings, calls and vacations with him, to the best of her ability gradually and progressively taking into account the interest, well-being and consent of the children. Husband will ensure that there is no coercion in any 1 manner towards the girls in this regard to ensure the best possible outcomes for the girls as well as both Parties.
ix. Both Parties will also be sensitive and supportive towards choices of the girls for themselves including education, career and suchlike. Both parties will also take into account and display sensitivity towards the needs of growing teenage girls in this delicate stage of life.
x. Both Parties shall be entitled to discuss and provide suggestions regarding the upbringing of both Anushka and Anahira, including healthcare, education, religious upbringing, extracurricular activities and major life decisions while also outlining a clear schedule for time with each parent and a communication plan for effectively discussing important matters related to the well-being of both the daughters. The child’s voice in appropriate situations depending on age and maturity, shall be given due consideration by both Parties. Major decisions impacting the children, as under: (1) change of school, or (2) decision in relation to a serious medical/ health issue (except an emergency) or (3) any decision affecting the rights of visitation under these consent terms, shall be taken after due consultation and consensus between the Parties.
xi. Both Parties hereby agree that they will make full efforts and aid in father-daughter bonding to further encourage and develop positive relationship between the children and the Husband and his family. If required, both the Parties will jointly counsel the daughters for their emotional wellbeing and development.1
xii. Both parties and their family shall have the right to celebrate with the daughters their birthdays and major festivals, as may be mutually agreed between the Parties. xiii. The daughters shall travel abroad with either of the parties after due intimation to the other party, till they attain the age of majority, and so long as it does not interfere with the visitation rights under these consent terms. Any foreign trip (other than trip organized by their school) made by the children without being accompanied by either parent, should be made only after due intimation and consensus of both the Parties. Wife has the passport of the minor daughters and she shall renew the passports and OCI cards of the daughters as and when required. The Husband shall provide wife with all necessary assistance including but not restricted to sharing documents needed for the renewal upon sufficient advance notice.
xiv. The daughters will not change their given names with the Husband’s name and his last name in any official or non- official record until they choose to change so upon attaining the age of majority. Even if the Wife chooses to remarry, the daughters shall not change their given names with the Husband’s name and his last name.
xv. Remarriage of either of the parties shall be subject to the terms of the present settlement and the Parties will ensure a smooth transition for the daughters. If the Husband survives the Wife before the daughter/s attain the age of majority, he shall assume custody of the minor daughter/s, with a commitment to ensuring their welfare and well-being. xvi. Parties shall make every endeavour to make available to the daughters the love and care of both parents, grandparents 1 extended family and friends on both paternal and maternal sides.
xvii. Any other issue about the daughters which may arise outside the specific recitals of the present Clause II shall be resolved mutually in the best interest of the children.
III. MISCELLANEOUS i. It is agreed and declared that save and except what is mentioned herein, neither of the Parties shall seek any rights and/or division in each other’s property for the future, even under any changed circumstances {“property” includes assets (movable and immovable) and debts and all other financial assets/liabilities}.
ii. The Parties further submit that after entering into the present Agreement, they shall not make any allegations against each other or each other’s family members. They shall live their life as they would like to do and neither the Parties nor their families shall interfere with each other.
iii. The Parties agree and declare that they shall not interfere in each other’s personal and/or professional lives and/or cause any nuisance to each other in future. It is further agreed and declared that the Parties shall not indulge in any acts which may or are likely to defame, slander or malign the character or reputation of the other Parties and/or their respective families, in public or in any official event, through WhatsApp, Facebook or any other social or print media.
IN WITNESS WHEREOF, the Parties have set their hands to this 1 Agreement on the date and place mentioned above, in the presence of the following witnesses.
Husband (Signature) sd/-
Name: ____________________ Date: _____________________ Wife (Signature) sd/-
Name: ____________________ Date: _____________________ Witnesses:
(Name & Signature) (Name & Signature”
10. The original Settlement Agreement shall be kept with the record of this case.
11. In view of the above, nothing further survives in the matter.
As prayed for, we dissolve the marriage between the parties in exercise of our jurisdiction Article 142 of the Constitution of India.
12. Registry shall draw a decree in terms of the settlement agreement.
13. The parties are directed to abide by all the terms and conditions as contained in the Settlement Agreement.
114. If there are any proceedings pending between the parties as on date, civil or criminal, they stand terminated.
15. The petition stands disposed of in the above terms.
16. Pending application(s), if any, stands disposed of.
...................J. [J.B.PARDIWALA] ...................J. [R. MAHADEVAN] New Delhi 24th January 2025 1 ITEM NO.44 COURT NO.14 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.22964/2024 [Arising out of impugned final judgment and order dated 22-08-2024 in SCA No. 927/2024 passed by the High Court of Gujarat at Ahmedabad] VIKRAM VAMAN APTE Petitioner(s) VERSUS PRIYANKA VIKRAM APTE Respondent(s) IA No.225302/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.225303/2024-EXEMPTION FROM FILING O.T. Date : 24-01-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) :Ms. Madhavi Divan, Sr. Adv.
Ms. Anushree Prashit Kapadia, AOR Ms. Aishani Naran, Adv.
For Respondent(s) :Mr. Navin Pahwa, Sr. Adv.
Dr. Abhisst Thaker, Adv.
Mrs. Sumita Ray, AOR Ms. Disha Ray, Adv.
Mr. Dillip Kumar Nayak, Adv.
Mr. Prabhat Chowdhary, Adv.
Mr. Shubham Thakur, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. The petition is disposed of in terms of the signed order.
2. Pending application(s), if any, stand disposed of.
(CHANDRESH) (MAMTA RAWAT)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)
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