Supreme Court - Daily Orders
Rakhi vs Shankar on 28 November, 2022
Bench: Dinesh Maheshwari, Hrishikesh Roy
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.790 OF 2020
RAKHI PETITIONER
VERSUS
SHANKAR RESPONDENT
O R D E R
1. Learned counsel for the parties have referred to the settlement agreement executed by and between the parties on 19.10.2022 before the Supreme Court Mediation Centre, New Delhi and have submitted that all the disputes and differences of the parties having been amicably resolved, appropriate and necessary orders may be passed in terms of their agreement.
2. The petitioner-wife has filed this petition under Section 25 of the Code of Civil Procedure, 1908 read with Order XLI Rule (1) of the Supreme Court Rules, 2013, seeking transfer of the petition filed by the respondent- husband for dissolution of marriage, being HMA Petition No.394 of 2019 titled as “Shankar v. Rakhi”, from the Court of Additional District & Sessions Judge-VII, S.A.S. Nagar, Mohali (Punjab) to the Court of competent jurisdiction at Saharsa (Bihar).
Signature Not VerifiedDigitally signed by ARJUN BISHT Date: 2022.12.02 3. On 13.08.2020, this Court issued notice in the transfer 17:01:40 IST Reason: petition and further proceedings in the said HMA Petition 1 No.394 of 2019 were ordered to be stayed. Thereafter, on 11.08.2022, looking to the elements of settlement in this matter, parties were referred to the Supreme Court Mediation Centre.
4. On 19.10.2022, both the parties amicably resolved all their disputes and differences by entering into a settlement agreement in the presence of mediator and their respective counsel after participating in mediation sessions.
5. The learned Mediator has forwarded the settlement agreement wherein the parties have stated mutual settlement and have, inter alia, stated that they would be jointly making prayer for divorce by mutual consent under Article 142 of the Constitution of India and would also conclude the pending matters between them including HMA Petition No.394 of 2019, pending before the Additional District & Sessions Judge-VII, S.A.S. Nagar, Mohali, Punjab.
6. In terms of the said settlement agreement, the respondent husband is required to make a payment of a sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand) to the petitioner-wife. In that regard, an amount of Rs.2,00,000/- (Rupees Two Lakhs) was paid on the date of settlement by way of Demand Draft No.146340 dated 29.08.2022. The remaining amount of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand) has been paid today by way of Demand Draft No.716869 dated 07.10.2022. The said Demand Draft has been handed over to the petitioner-wife in the Court, who has 2 accepted the same in full and final discharge of all the liabilities of the respondent-husband under the agreement aforesaid.
7. The parties have prayed for taking the settlement agreement on record; to dissolve their marriage by a decree of divorce by mutual consent; and to quash/close all the matters and proceedings filed and pending between them by invoking our powers under Article 142 of the Constitution of India.
8. The Settlement Agreement dated 19.10.2022 reads as under: -
“SETTLEMENT AGREEMENT This Settlement Agreement is entered into on 19 of October 2022.
BETWEEN Smt. Rakhi Kumari, aged about 28 years Wife of Shankar, Daughter of Sh. Krishna Kumar Jha permanent resident of H.No.65, Ward No.06, Kahara, Saharsa, Bihar-852201(here-in-after shall be referred as First Party).
AND Shankar aged about 32 years S/o Sh. Munish Jha, R/o H.No.85, Shiva Enclave, Zirakpur, SAS Nagar Mohali, (here-in-after shall be referred as Second Party).
WHEREAS the first party got married to second party on 22.06.2018 at village Kahra District Saharsa Bihar as per the Hindu Rites and Ceremonies in a simple manner. Thereafter, first party and second party started residing at Zirakpur Mohali. That due to temperamental issues, marriage between the parties did not prove to be a good marriage. The parties are residing separately since 03.05.2019. There has 3 been irretrievable breakdown of the marriage between the parties and inspite of best efforts made by the parties themselves and by the parents and the relatives.
AND WHEREAS the Second party has filed a petition HMA 394/2019 U/s. 13 of Hindu Marriage Act titled as ‘Shankar vs Rakhi’ before the District Judge Mohali and same is pending. First party has filed TP (Civil) 790/2020 before the Hon’ble Supreme Court for the Transfer of said petitioner from Mohali to Saharsa in Bihar. First party has also filed one criminal complaint No.857 of 2019 before the court of CJM, Saharsa for offences u/s 323, 341, 379, 406,498A IPC and section 3 / 4 of Dowry Prohibition Act has been lodged by the first party against the second party and his family members. A joint petition u/s 13B Hindu Marriage Act bearing No. HMA/343/2022 titled as ‘Rakhi Kumari and Shankar’ has been filed before the Family Court at Derabassi District SAS Nagar Punjab.
AND WHEREAS as per the mutual decision taken by both the parties, the second party undertakes to pay Rs. Six Lakh Fifty Thousand to first party as one time alimony against Past, present and future maintenance/alimony/istridhan to first Party. Out of the said Rupees Six Lakh Fifty Thousand, Rupees Two Lakh has already been paid to the first Party (vide DD No. 146340 dated 29.08.2022 of Bank of Baroda) and the remaining Rupees Four Lakh Fifty Thousand shall be paid to the first party before the Hon’ble Supreme Court at the time of passing of orders for the annulment and dissolution of the marriage.
AND WHEREAS the parties interacted with each other in the presence of the Mediator and with the assistance of the Mediator have voluntarily, without any force or coercion, arrived at the following terms of settlement:-
a) The Respondent shall pay Rs. 6,50,000/-
(Rupees Six lakh Fifty thousand only) to the Petitioner in full and final settlement of all disputes.
b) That all the cases filed by the parties before any court shall be treated as withdrawn and no party shall pursue them in 4 future against each other.
c) That after the execution of the present agreement there shall be no claim of either party against each other.
d) That the parties shall not file any complaint or litigation against each other or their family members and friends before any authority, court or forum and shall not disclose to any one any document, photographs or recordings in any form about their marriage, their marital relationship and their respective family members.
e) That both the parties have given their consent for dissolution of their marriage at the earliest. The said marriage is irretrievable broken down with no chance of reconciliation.
f) That both the parties shall file a join application under Article 142 of the Constitution of India before the Hon’ble Supreme Court of India for dissolution of their marriage and for quashing all the above-mentioned pending cases between them in all the above-mentioned courts, and/or for passing such order(s) as deemed fit and proper in the interest of justice.
g) The parties shall fully cooperate and assist each other in the presentation of this settlement before this Hon’ble Court and in its implementation/enforcement.
h) That this settlement supersedes any earlier settlement between the parties, in the Family Courts or any other court or forum. The parties have separately and jointly declared that any earlier settlement before any forum shall be of no effect and consequence and the same will stand replaced by the present settlement.
i) That in terms of August, 11th of 2022 order, in the pending TP(Civil) No. 790/2020, Rakhi Vs. Shankar, the petitioner and respondent have agreed that Rs. 25,000/- (rupees twenty five thousand only) shall be a reasonable amount for the petitioner’s expenditure of travelling to Delhi and stay at Delhi for the physical mediation sessions. The 5 aforesaid sum has been paid as follows:-
i. Rs. 3000/- (rupees three thousand only) through cash.
ii. Rs. 22,000/- (rupees twenty two thousand only) through UPI Transaction No. 229264131759 in SBI Bank account no.
35015215069 of Rakhi Kumari (petitioner), Branch Saharsa Bazar, IFSC code SBIN0003602.
This transaction, both in cash and through bank transfer has been done before the mediator.
Sd/- Sd/-
(Rakhi) (Shankar)
Petitioner-in-person Respondent-in-person
Sd/- Sd/-
(Sourav Kumar) (Sidharth Sarthi)
Advocate of the Petitioner Advocate for the Respondent
Sd/-
[Krishan Mahajan]
Advocate / Mediator
SUPREME COURT OF INDIA
Dated:-19.10.2022”
9. Learned counsel for the parties frankly submit that the parties having arrived at settlement and the terms of settlement having been fulfilled, necessary orders may be passed by invoking our powers under Article 142 of the Constitution of India.
10. Though, a formal application has not been moved in this matter, we find no reason to keep this matter pending for the purpose of such application in view of the categorical stand taken by the respective parties in their settlement agreement as also before us.
11. Having regard to the above, and in the circumstances 6 of the case, we are of the considered view that the settlement agreement entered between the parties deserves to be accepted and the prayer jointly made for dissolution of marriage solemnized on 22.06.2018 deserves to be granted. Further, it is just and proper that all pending proceedings between the parties be disposed of, on the terms and conditions as stated and agreed to by the parties.
12. Accordingly, and in view of the above :
(i) HMA Petition No.394 of 2019 titled as “Shankar v.
Rakhi” pending before the Court of Additional District & Sessions Judge-VII, S.A.S. Nagar, Mohali (Punjab), stands withdrawn to this Court and is disposed of with reference to Section 13B of the Hindu Marriage Act, 1955 where, by invoking powers under Article 142 of the Constitution of India, we grant a decree of divorce by mutual consent to the parties. Consequently, the marriage between the petitioner and the respondent solemnized on 22.06.2018 stands dissolved.
(ii) HMA/343/2022 titled as “Rakhi v. Shankar” pending before the Family Court at Derabassi, District S.A.S. Nagar, Mohali and Criminal Complaint No.857 of 2019 titled as “Rakhi v. Shankar & Ors.” pending before CJM Saharsa, District Saharsa, Bihar stand disposed of with no further 7 order being required therein.
(iii) The settlement Agreement dated 19.10.2022 is taken on record, made part of this Order, and accepted by the Court. The undertakings given in the Settlement Agreement dated 19.10.2022 are accepted. All claims stand settled in terms thereof.
13. The Parties agree that, henceforth, they will not initiate any proceedings against each other in reference to the issues which stand foreclosed in terms of the settlement agreement. The parties undertake to abide by their obligations without any exception.
14. Consequently, this transfer petition is disposed of in the aforementioned terms. All pending applications also stand disposed of.
15. While disposing of the matter, we place on record our appreciation for the efforts made by the learned mediator and respective learned counsel in assisting the parties to arrive at an amicable settlement.
...................J. (DINESH MAHESHWARI) ...................J. (HRISHIKESH ROY) New Delhi;
November 28, 2022
8
ITEM NO.6 COURT NO.7 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).790/2020 RAKHI Petitioner(s) VERSUS SHANKAR Respondent(s) (Mediation Report received.
IA No.66342/2020 - EX-PARTE STAY) Date : 28-11-2022 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Brajesh Kumar, AOR Mr. Arjun Prasad Sinha, Adv.
Mr. Saurav Kumar, Adv.
For Respondent(s) Mr. Sidharth Sarthi, Adv.
Mr. Ravi Panwar, 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.
All pending applications stand disposed of.
(ARJUN BISHT) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file) 9