Supreme Court - Daily Orders
Swarna Shankar vs Satanik Chaudhuri on 27 May, 2020
Author: V. Ramasubramanian
Bench: V. Ramasubramanian
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2215/2019
SWARNA SHANKAR … Petitioner(s)
VERSUS
SATANIK CHAUDHURI … Respondent(s)
O R D E R
This is a petition filed by the wife seeking transfer of the Matrimonial Case bearing No. M.C./4222/2019 titled as Satanik Chaudhuri vs. Smt. Swarna Shankar pending before the Court of learned III Additional Principal Judge, Family Court, North Bangalore, Bangalore (Karnataka) for dissolution of the marriage that took place between them on 8.2.2012 at Kolkata and also for grant of permanent custody of the minor child.
During the pendency of the transfer petition, the parties have entered into a settlement before the Delhi High Court Mediation and Conciliation Centre. The Agreement dated 9.12.2019/8.1.2020 reads as follows :-
“SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is entered into on 09.12.2019 Signature Not Verified Digitally signed by GULSHAN KUMAR BETWEEN ARORA
(i) Mr Santanik Chaudhuri, s/o Mr Asok Kumar chaudhuri Date: 2020.06.08 15:12:50 IST Reason:
, aged about 33 years (Husband)
(ii) Mrs Chhabi Chaudhuri, w/o Mr Asok Kumar Chaudhuri, age 60 years (Mother in Law) 2
(iii) Mr Ashok Kumar Chaudhuri s/o Dr Ajit Kumar chaudhuri , aged about 69 yars (Father in Law); and
(iv) Ms Satavisa Chaudhuri d/o Mr Asok Kumar Chaudhuri, aged about 28 years (Sister in Law ) - all permanent resident of Mou Apartment , Nabapally Circular Road , Barasat, Kolkata – 700 126 of the FIRST PART AND Ms Swarna Shankar d/o Gp Capt Ravi Shankar & Mrs Alakanda Shankar aged 32 years, r/o EB 203, Maya Enclave, Mayapuri, New Delhi 110 064 (wife) of the SECOND PART.
WHEREAS the marriage between petitioner husband and Respondent wife was solemnized on 08.02.2012 in accordance with Hindu rites, rituals and ceremonies at hotel O2, VIP Road , Kolkata and registered at kolkata and out of the wedlock a daughter was born on 04.04.2016 who was named baby Aarshia. AND WHEREAS due to temperamental differences between the petitioner husband and Respondent wife, both have been living separately since 30.12.2018. The minor daughter, namely baby Aarshia is living with her mother i.e. Respondent wife who is living with her parents.
AND WHEREAS the Respondent wife has filed an FIR, no 205/2019, against all the parties of the FIRST PART . AND WHEREAS the Respondent wife has also filed a DV case / MC no. 281/2019 against the parties of the first part.
AND WHEREAS the Petitioner Husband has filed a divorce petition being MC No. 4222/2019 in Family Court Bangalore and on receipt of notice of the Divorce Petition, The respondent wife filed a Transfer Petitioner before Hon’ble Supreme Court of India seeking transfer of the same from Bangalore to Delhi. AND WHEREAS the petitioner Husband has filed a Guardianship Case being GW petition No. 52 of 2019 in the Family Court, Tis Hazari Delhi seeking the custody of Baby Aarshia.
AND WHEREAS the parties of the FIRST PART filed different applications being Anticipatory Bail Application Nos. 1458/2019, 1460/2019,1461,2019 and 1462/2019 seeking anticipatory bail before the Addl. Session Judge/ Vacation Judge, Tis Hazari Courts , Delhi which were disposed off with certain observations against which the parties of the FIRST PART jointly filed a petition being Crl. MC No. 4141/2019 before the Hon’ble Delhi High Court seeking expungement of remarks made by the Ld. Addl. Session 3 Judge.
AND WHEREAS the said matter bearing Crl. M.C. No.4147/2019 was referred to Samadhan (Delhi High Court Mediation & Conciliation Centre) vide an order dated 26.08.2019 passed by Hon’ble Mr. Justice Suresh Kumar Kait.
AND WHEREAS the parties agreed that Mr. Ravi Dutt Sharma, Advocate would act as their Mediator in the mediation Proceedings.
AND WHEREAS MEDIATION SESSIONS WERE HELD ON 03.09.2019, 20.09.2019, 09.10.2019, 18.10.2019, 08.11.2019, 09.12.2019, 10.12.2019 AND 08.01.2020 AND THE PARTIES HAVE, WITH THE ASSISTANCE OF THE Mediator voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences. AND WHEREAS the parties hereto confirm and declare that they have voluntarily and of their own free will have arrived at this Settlement Agreement in the presence of the Mediator.
The following settlement has been arrived at between the Parties hereto :-
1. That the marriage between the Petitioner Husband and Respondent wife shall be dissolved by filing a petition for divorce by mutual consent in Delhi.
2. That the petitioner husband shall withdraw the divorce petition filed by him in the family court at Bangalore within 10 days after the disposal of transfer petition in view of the present settlement agreement.
3. That the petitioner husband shall pay a sum of Rs.1400000/- towards full and final settlement of all the claims of the respondent wife with respect of dowry articles, permanent alimony and the respondent wife has willingly accepted the same to be received in the following manner :
(i) First installment of Rs.500000/- (Rupees five Lakh Only) shall be paid at the time of recording the statement during first motion for divorce by mutual consent before the Court which shall be filed within 15 days from the date of withdrawal of Divorce Petition bearing MC No.4222 of 2019 titled 4 Satanik Chaudhuri versus Swarna Shankar pending in the Court of Principal Judge, Family Court, Bangalore.
(ii) The Second installment of Rs.500000/- (Rupees five Lakh) shall be paid at the time of recording the statement during second motion for divorce by mutal consent before the Court.
(iii) The third installment of Rs.400000/- (Rupees Four Lakh Only) shall be paid at the time of recording statement in the proceeding for quashing the FIR being No. 205 of 2019 dated 01.05.2019 u/s. 498A, 406 r/w s.34 IPC before the court.
4. that upon recipt of sum of Rs.1400000 the respondent wife shall have no right stake or claim on/over any moveable or immoveable properties of the petitioner husband either self-acquired or inherited.
5. All the jewellery article gifted by any of the parties of the FIRST PART or their relatives at the time of marriage or thereafter on any occasion, are in possession and custody of the petitioner husband for which the petitioner husband agrees to convert the same in Gold Bond in the name of Baby Aarshia under the guardianship of respondent wife and the benefits thereof shall be availed by Baby Aarshia on attaining the age of majority and with the consultation of Respondent wife for her Higher Studies and marriage. The said Gold Bond shall be handed over to Respondent Wife by the petitioner husband before quashing of FIR. The details of the said jewellery article are well within the knowledge of Petitioner Husband and the respondent wife and there is no dispute of the same.
6. That the custody of Baby Aarshia will remain with respondent wife who shall bring her up and look after the child. However, the petitioner husband shall be having visitation right of Baby Aarshia for two continuous days a month preferably Saturday and Sunday from 10 am to 5 pm at a nearest suitable place, with the prior information by the petitioner husband to the respondent wife. In addition, petitioner husband may video chat the baby Aarshia in a manner that her 5 studies may not afect. After Aarshia attaining the age of 06 years, her Summer Vacations shall be shared equally between the parties as mutually decided between the parents one week prior to commencement of the said vacations.
7. The petitioner husband agrees to bear the actual education expenses of Baby Aarshia till she completes her studies. Although respondent wife shall take all her endeavour to take care of Baby Aarshia in respect to her education, health personality development change of school etc., however, petitioner husband should also be consulted for the welfare of Baby Aarshia and his opinion shall also be considered for the welfare of the child and a decision shall be taken by both jointly.
8. Baby Aarshia may either be picked by the petitoner husband from the main entry gate of the apartment of the residence of the respondent wife and be dropped back there itself or both the petitioner husband or respondent wife may decide any convenient place for picking up and dropping Baby Aarshia but in case Baby Aarshia shall be dropped by the petitioner husband by 5 pm and handed over to the respondent wife.
9. That both the petitioner husband and the respondent wife shall keep information each other any change in their address. The intimation of change of address must be communicated least 07 days prior to such change.
10. That both the petitioner husband and the respondent wife had jointly purchased a flat No. S- 1104 , Tower
-S, Mantri Webcity Gennur Main Road, Kothanur, Bangalore in the year 2015 for which both petitioner husband and the petitioner husband has been paying EMI towards the said housing loan. The respondent wife has also invested a sum of Rs. 1400000/- by borrowing the money form the father for the purchase of the aforesaid flat. The possession of the aforesaid flat has still not been delivered by the builder to either of the allotees. Now, it has been agreed by petitionerhusband and the respondent wife that both shall jointly sell the said flat and sale proceeds of the aforesaid flat shall be shared equally after 6 settling the bank loan and the EMIs paid by the petitioner husband and Rs. 1400000/- along with Rs. 200000/- as token interest on Rs. 1400000/- borrowed by respondent wife form her father. Both the parties shall make their endeavour to sell the flat at he highest value.
11. That both , the petitioner husband and the respondent wife agree to withdraw the pending court cases in the following manner.
(i) The settlement between the parties shall be filed in the Transfer Petition No. 2215 of 2019 pending in the Hon’ble Supreme Court by the petitioner husband so that the same may be recorded in the order of th transfer petition and be a part of the order.
(ii) The petitioner husband shall withdraw the divorce petition MC No. 4222 of 2109 filed by him and pending in the court of Principal Judge , Family Court, Bangalore immediately within a period of two weeks from the date of the settlement agreement.
(iii) Both the parties shall file the divorce petition under section 13 (B) of the Hindu Marriage Act 1956 within one month from the date of settlement agreement in the territorial jurisdiction of Delhi Court.
(iv) The respondent wife shall withdraw the DV Case MC NO. 281 OF 2018 pending in the Court of Ld .
Ms. Sonam Gupta , MM, Tis Hazari, Delhi immediately after first motion.
(v) The petitionerhusband herein shall withdraw Guardianship case GW No. 52 of 2019 pending in the Court of Ms. Madhu jain, Family Judge , Tis Hazari Court , Delhi.
(vi) The petitioner and respondent herein shall apply jointly before the High Court of Delhi for quashing of FIR No. 205 of 2019, after the decree of divorce passed in the second motion, within a month from the date of divorce decree by mutual consent.
712. That the parties have entered into the present settlement amicably and by their own free will and volition without any inducement, coercion, duress or pressure and undertake to abide by the same for all times to come and the same shall be binding on the parties.
13. The parties agree that the statements made by the parties herein this Settlement Agreement shall be taken as their undertaking to the Hon’ble court and in case of default, the defaulting party shall be held responsible for contempt under the Contempt of Courts Act and they will be entitled to enforce their legal rights created under this agreement, as per law. The parties agree to have understood the entire legal implications in this regard.
14. That the parties undertake not to interfere in each others’ lives and not contact each other for any other issue except for co-ordination on the visitation and the welfare of the child. That the parties (all four Petitioners and the Respondent) shall not send insulting, abusive or inflammatory texts / emails / WhatsApp/ Blog on website or through any social media etc. to each other in any manner whatsoever and they shall immediately upon signing of the present settlement agreement remove any such defamatory / derogatory contents, if so published on any electronic media / website.
15. By signing this Agreement the parties hereto state that they shall have no further claims or demands against each other and all the disputes and differences have been amicably settled by the Parties hereto through the process of Mediation.
16. That the parties undertake before the Hon’ble Court to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future.
17. The parties further agree that in case of default of any terms of the present settlement agreement by any of the parties, the aggrieved party shall be at liberty to take appropriate legal remedies as available under the law.” 8 Therefore, the learned counsel on both sides agreed that the transfer petition could be disposed of in terms of the agreement.
However, both the parties have a few minor differences in the matter of enforcement of the agreement. While the respondent (husband) is aggrieved that the visitation rights are not allowed to be enforced in letter and spirit, the petitioner (wife) has a grievance that monies are not paid. But, it is agreed on both sides that visitation rights, till the lock down is lifted, can only be through video conferencing during day time. At the same time, the respondent husband should also comply with his obligations for monetary payment in terms of the settlement agreement.
Therefore, making it clear that both the parties should abide by the terms and conditions of the settlement agreement, this transfer petition is disposed of.
………………………………………………………,J.
(V. Ramasubramanian) New Delhi;
May 27, 2020
ITEM NO.7 Virtual Court - 09 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). 2215/2019
SWARNA SHANKAR Petitioner(s)
VERSUS
SATANIK CHAUDHURI Respondent(s)
(IA No.136941/2019-EX-PARTE STAY AND I.A.NO. 20533/2020
CLARIFICATION /DIRECTION)
Date : 27-05-2020 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Sunil Kumar Jha, Adv.
Mr. Ram Ekbal Roy, Adv.
Mr. Binay Kumar Das, AOR For Respondent(s) Ms. Jasmine Damkewala, AOR UPON hearing the counsel the Court made the following O R D E R The Court is convened through video conferencing.
The transfer petition is disposed of in terms of the signed order.
Pending application(s), if any, stands disposed of accordingly.
(GULSHAN KUMAR ARORA) (R.S. NARAYANAN)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file)