Supreme Court - Daily Orders
Reshmi Shaw @ Gupta vs Bidesh Kumar Gupta on 9 April, 2024
Bench: Pamidighantam Sri Narasimha, Aravind Kumar
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No.2072/2023
RESHMI SHAW @ GUPTA Petitioner(s)
VERSUS
BIDESH KUMAR GUPTA Respondent(s)
O R D E R
1. It is reported that the dispute between the parties is
amicably settled.
2. We have perused the Settlement Agreement dated 19.02.2024.
The terms of the Settlement Agreement shall be made a part of
this order which are as under:
“5. Both the parties hereto have arrived at an amicable settlement on
the following terms and conditions for dissolution of marriage by
mutual consent:-
A. That the parties have agreed that the Respondent-husband
will pay to the Petitioner-wife a total sum of Rs. 12,00,000/-
(Rupees Twelve Lakhs Only) towards full and final settlement of
all her claims towards her permanent alimony, Stridhan,
maintenance (past, present, future) and any other claim
Signature Not Verified
whatsoever.
Digitally signed by
Indu Marwah
Date: 2024.04.15
18:07:10 IST
B. It is agreed between the parties that they will move an
Reason:
application jointly before the Hon’ble Supreme Court under Article
142 of Constitution of India for invoking inherent powers of the
Hon’ble Supreme Court praying for divorce by mutual consent as
parties are staying separately since 11.08.2021, Jagadalpur,
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Chhatisgarh i.e. for the last more than Two years and there is
irretrievable break down of the marriage and also for quashing of
proceedings arising out Under Section 12 (3) and 13(1) of the
Protection of Women from domestic violence Act, 2005 at
Purulia, West Bengal.
C. The Respondent Husband had filed Divorce Petition being
HMA No. 31 A of 2023 Under Section 13(1) (1-A) (1-B) of Hindu
Marriage Act, 1955 at Family Court, Jagadalpur District Bastar,
Chhattisgarh.
D.It is further agreed between the parties that if Hon’ble Supreme
Court is pleased to allow application filed by both the parties
under Article 142 of Constitution of India then the Respondent-
husband shall withdraw divorce petition and the Petitioner wife
shall withdraw all the cases filed by her. The Respondent –
husband paid to the Petitioner Wife a total sum of Rs. 12,00,000/-
via Demand Draft vide No. 628510 dated 14.02.2024 in the
name of Petitioner.
6. The Respondent-Husband shall withdraw the divorce Petition
being HMA No. 31 A of 2023 Under Section 13(1) (1-A) (1-B) of Hindu
Marriage Act, 1955 pending at Family Court, Jagadalpur District
Bastar, Chhattisgarh within 2 weeks after the disposal the aforesaid
Transfer Petition No. 2072/2023.
7. The Petitioner-Wife shall withdraw the Petition being Misc. No.
123/2023 Pending at Competent Court Purulia, West Bengal Under
Section 12 (3) and 13(1) of the Protection of Women from domestic
violence Act, 2005.
8. That the Petitioner and the Respondent have agreed that none of
them will initiate any other legal action or complaint against each other
or against the family members of each other in respect of their
matrimonial dispute in future.
9. That subject to the aforesaid terms, the parties have resolved all the
disputes amicably in relation to the marriage and have been left with no
claims against each other or their respective family members.
10. That by signing this Agreement the parties hereto solemnly state and
affirm that they have no further claims or demands against each other
including maintenance, or any movable or immovable property and all the
disputes and differences have been amicably settled by the parties hereto
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through the process of mediation.
11. The parties undertake to abide by the terms and conditions set out in
the above mentioned Settlement Agreement, which have been arrived with
free will of the parties without any coercion, duress or collusion and parties
undertake not to raise any dispute whatsoever henceforth.”
”
3. After having perused the Settlement Agreement, we are of
the view that this is a fit case for this Court to exercise
its power under Article 142 of the Constitution of India to
dissolve the marriage between the parties. Hence, we pass the
following order:
(1) The cases pending between the parties as mentioned in
paragraphs 6 & 7 shall be withdrawn by them.
(2) The amount of Rs. 12 lakhs towards full and final
settlement as detailed in paragraph 5-A of the settlement
agreement shall be paid to the petitioner-wife by the
respondent-husband.
(3) The marriage solemnized between the parties on
03.05.2021 is hereby dissolved by a decree of divorce under
Section 13-B of the Hindu Marriage Act, 1955; and
(4) The parties shall diligently abide by the terms of
the Settlement Agreement.
(5) The decree of divorce shall be drawn incorporating
all the terms and conditions of the Settlement Agreement
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within a period of six weeks from today.
4. The transfer petition is disposed of in above terms.
..……………………J.
[PAMIDIGHANTAM SRI NARASIMHA]
..……………………J.
[ARAVIND KUMAR]
New Delhi
April 9, 2024.
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ITEM NO.3 COURT NO.16 SECTION IV-C
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). 2072/2023
RESHMI SHAW @ GUPTA Petitioner(s)
VERSUS
BIDESH KUMAR GUPTA Respondent(s)
(Mediation Report received
IA No. 161815/2023 - EX-PARTE STAY
IA No. 161816/2023 - EXEMPTION FROM FILING O.T.)
Date : 09-04-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON'BLE MR. JUSTICE ARAVIND KUMAR
For Petitioner(s) Mr. Pijush K. Roy, Sr. Adv.
Ms. Kakali Roy, Adv.
Mr. Pritthish Roy, Adv.
Ms. Astha Dhawan, Adv.
Mr. Rajan K. Chourasia, AOR
For Respondent(s) Mr. Tungesh, AOR
Dr. Shipra Tripathi, Adv.
Ms. Gayatri Singh, Adv.
Mr. Mohit Chaturvedi, Adv.
Mr. Akhand Pratap Singh Chauhan, Adv.
Mr. Pravesh Sharma, 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.
Pending applications, if any, also stand disposed of.
(INDU MARWAH) (NIDHI WASON) AR-CUM-PS COURT MASTER (NSH) (signed order is placed on the file)