Supreme Court - Daily Orders
Aparna vs Akash Sharma on 28 November, 2022
Bench: Dinesh Maheshwari, Hrishikesh Roy
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.947 OF 2020
APARNA PETITIONER(S)
VERSUS
AKASH SHARMA RESPONDENT(S)
O R D E R
Learned counsel for the parties have referred to the settlement agreement executed by and between the parties on 29.09.2022 before the Supreme Court Mediation Centre, New Delhi and have submitted that all the disputes and differences between 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 of the Supreme Court Rules, 2013, seeking transfer of the petition filed by the respondent-husband for dissolution of marriage, being HMA No.398 of 2019 titled as “Akash Sharma vs. Signature Not Verified Digitally signed by Neetu Khajuria Aparna” from the Court of the Principal Judge, Date: 2022.12.02 17:10:32 IST Reason: Family Court, Rudrapur, Udham Singh Nagar, Uttarakhand to the Court of the Principal Judge, 2 Family Court, Ghaziabad, Uttar Pradesh.
3. On 23.08.2022, this matter was referred to the Supreme Court Mediation Centre at the request of the parties.
4. On 29.09.2022, both the parties amicably resolved all their disputes and differences by entering into a settlement agreement in the presence of the 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 Case No.398 of 2019, pending before the Family Court, Rudrapur, Udham Singh Nagar, as also Maintenance Case No.28 of 2020, pending before the Family Court, Ghaziabad, Uttar Pradesh.
6. In terms of the said settlement agreement, the respondent husband is required to make a payment of a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs) to the petitioner-wife. In that regard, a sum of 3 Rs.10,00,000/- (Rupees Ten Lakhs) was paid on the date of settlement by way of Demand Draft No.815426 dated 26.09.2022. The remaining sum of Rs.8,00,000/- (Rupees Eight Lakhs) has been paid today by way of Demand Draft No.815443 dated 14.11.2022. The said Demand Draft has been handed over to the learned counsel for the petitioner-wife, who has accepted the same on her behalf in full and final discharge of all the liabilities of the respondent-husband under the agreement aforesaid.
7. The settlement agreement dated 29.09.2022 reads as under :
“SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Ms. Aparna W/o Mr. Akash Sharma D/o Mr. Manoj Mishra R/o H.No. E-148, Nand Gram, Ghaziabad, Uttar Pradesh (hereinafter referred to as the ‘First Party’) and Mr. Akash Sharma S/o Mr. Shailender Kumar Sharma, R/o H. No. G-101, Allance Colony, Rudrapur, Tehsil, Rudrapur, District, Udham Singh Nagar, Uttarakhand (hereinafter referred to as the ‘Second Party’).
The marriage between the parties to the Settlement Agreement was solemnized as per Hindu rites and customs on 11/11/2016 at Rudrapur, District Udhamsingh Nagar. There is no issue out of this Wedlock. Irreconcilable differences between the parties have caused the irremediable breakdown of their marriage and they separated on or about 22nd July, 2018 and since then have been living separately.
That vide order dated 23.08.2022 passed by Hon'ble Mr. Justice Sanjay Kishan Kaul, this matter 4 was referred to the Supreme Court Mediation Centre. That comprehensive mediation sessions collectively as well as separately were held between the parties on 05.09.2022 and today i.e. 29.09.2022 and the parties have voluntarily entered into a final settlement agreement on the following terms & conditions:-
The Settlement Agreement arrived between the parties are as under:-
1. Both the parties hereto confirm and declare that they have, voluntarily and of their own free will have decided not to live together as husband and wife and have arrived at this Settlement in the presence of the Mediator. Both the parties have decided to part ways by divorce through mutual consent for which the parties through their Advocates shall file appropriate application(s) before the next date of hearing or within two months from today in the T.P. (C) No. 947/2020 pending adjudication before the Hon'ble Supreme Court.
2. The parties shall jointly request and pray for divorce by mutual consent under Article 142 of the Constitution of India before Hon'ble Supreme Court of India within two months from today i.e. 29.09.2022.
3. In case the Hon'ble Supreme Court grants Divorce under Article 142 of the Constitution of India, the First party shall pay an amount of Rs. 18,00,000/-
(Rupees Eighteen Lakhs Only) to the First Party in her name “Aparna Mishra” by way of demand draft as full and final settlement on account of her stridhan, maintenance, alimony past present and future in two installments. The First installment of Rs. 10,00,000/- (Rupees Ten Lakhs Only) paid on today i.e. 29.09.2022 by way of demand draft No. 815426 dated 26.09.2022 issued by Yes Bank Ltd., Branch at Off Western Express Highway, Santacruz East, Mumbai in favour of Ms. Aparna Mishra. The second and final installment of Rs. 8,00,000/- (Rupees Eight Lakh Only) shall be paid at the time of decree of divorce granting by the Hon’ble Supreme Court.
5
4. In case of non grant of decree of divorce by way of mutual consent under Article 142 of the Constitution by the Hon'ble Supreme Court, the parties will file petition for divorce by mutual consent before the Family Court, Ghaziabad, Uttar Pradesh, within two months after such non-grant by the Hon'ble Supreme Court.
5. The payment of Rs. 8,00,000 (Rupees Eight Lakh Only) by way of demand draft shall be made at the time of recording the statement in the Second Motion before the Family Court, Ghaziabad, Uttar Pradesh.
6. That the parties to the agreement agree and undertake to withdraw all the cases/FIR/Complaints etc. or any other civil or criminal case pending against each other and their family members in any Court of law or forum in India. The description of the cases as given as under:-
i. Case No. 398 of 2019 titled as Akash Vs. Aparna pending before Ms. Neetu Joshi, Ld. Judge, Family Court-I, Rudrapur, Udham Singh Nagar under Section 13(A) H.M. Act filed by the Second Party. ii. Maintenance Case No. 28 of 2020 titled as Aparna Vs Akash under Section 125 Cr.PC, pending before Family Court, Ghaziabad, Uttar Pradesh filed by the First Party.
7. Both the parties agree and undertake that they have settled all their disputes and grievances amicably against each other and against their family members. Further, they shall not file any proceedings, whether criminal or civil, against each other or their family members in any forum or stake any claim on the movable or immovable, joint or ancestral, self acquired or HUF properties of the either party or their family.
8. Both the parties undertake that henceforth they will not file any civil/criminal complaint or any case against each other or their family members with regard to the present matrimonial alliance/dispute.
9. By signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the 6 disputes and differences have been amicably settled by the parties hereto through the process of Mediation.
10. The parties undertake before this Hon’ble Court to abide by the terms and conditions set out in the above mentioned Agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.
11. Terms of Settlement agreement have been read over and explained in detail to both the parties in English and vernacular language in the presence of their respective Counsels present today during mediation.
That the parties are accordingly signing this settlement agreement in presence of all named above, to authenticate their will to comply the same as agreed above.
Sd/- Sd/-
[Aparna @ Aparna Mishra] [Akash Sharma ]
Petitioner-wife Respondent - husband
Sd/- Sd/-
[Manoj Mishra] [Shailender Kumar Sharma]
Father of the Petitioner Father of the Respondent.
Sd/- Sd/-
[ Mukesh Kumar Verma ] [ Manoj Kumar Dwivedi ]
Advocate for the Petitioner. Advocate for the Respondent.
Sd/-
[ Dipak Bhattacharya ]
Mediator
Supreme Court of India
Date: 29th September, 2022”
8. Learned counsel for the parties frankly
submit that the parties having arrived at settlement 7 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.
9. 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 through their respective counsel.
10. Having regard to the above, and in the circumstances 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 11.11.2016 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.
11. Accordingly, and in view of the above :
(i) Case No. 398 of 2019 titled as “Akash Sharma vs. Aparna” pending before Family Court, Rudrapur, Udham Singh Nagar stands withdrawn to this Court and is disposed of with 8 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 11.11.2016 stands dissolved.
(ii) Maintenance Case No. 28 of 2020 titled as “Aparna Vs Akash Sharma” pending before Family Court, Ghaziabad, Uttar Pradesh stands disposed of with no further order being required therein.
(iii) The settlement Agreement dated 29.09.2022 is taken on record, made part of this Order, and accepted by the Court. The undertakings given in the Settlement Agreement dated 29.09.2022 are accepted. All claims stand settled in terms thereof.
12. 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 9 exception.
13. Consequently, this Transfer Petition is disposed of in the aforementioned terms. All pending applications also stand disposed of.
14. 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
10
ITEM NO.7 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). 947/2020 APARNA Petitioner(s) VERSUS AKASH SHARMA Respondent(s) (With Mediation Report) (IA No. 85468/2020 - STAY APPLICATION) 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. Mukesh Kumar Verma, Adv.
Mr. Suresh Chandra, Adv.
Mr. Ashwani Kumar Sharma, Adv.
Mr. Praveen Bhatia, Adv.
Mr. Yadav Narender Singh, AOR For Respondent(s) Mr. Manoj Kumar Dwivedi, Adv.
Mr. Shashank Singh, AOR Mr. P.C. Patnaik, Adv.
Mr. Pravin Kumar Kashyap, Adv.
Mr. Bhupesh Kumar Pathak, Adv.
UPON hearing the counsel the Court made the following O R D E R This Transfer Petition is disposed of in terms of the signed order.
All pending applications also stand disposed of. (NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)