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Paromita Mondal vs Tarun Kumar Mondal on 5 August, 2019

Bench: D.Y. Chandrachud, Indira Banerjee

                                                            1


                                        IN THE SUPREME COURT OF INDIA
                                          CIVIL ORIGINAL JURISDICTION

                                        Transfer Petition (Civil) No. 291 of 2019

                      Paromita Mondal                                            Petitioner(s)

                                                          Versus

                      Tarun Kumar Mondal                                           Respondent(s)




                                                       WITH

                                     Special Leave Petition (Civil) No. 12547 of 2019




                                                      ORDER

During the course of these proceedings, reference was made to the Mediation Centre of this Court. A Settlement Agreement was arrived at between the parties duly signed by them, their advocates and by the mediators on 31 July 2019. The Settlement Agreement reads as follows:

“This Settlement Agreement is being executed between Petitioner Mrs. Paromita Mandal W/o Mr. Tarun Kumar Mondal, D/o Mr. Joydev Nayak R/o Village and Post Office Bohar, P.S. Memari Distt. Purba Burdwan-713422, West Bengal AND Respondent Mr. Tarun Kumar Mandal, S/o Mr. Sahadev Mandal, R/o Kushar, P.O. Pulsita, Dist. East Midnapur, West Bengal and Presently R/o 126/III/3, A.B.M. Block Bhel, Ranipur, Haridwar-

Date: 2019.08.09 The marriage between the Petitioner and Respondent was solemnized on 10.6.2008 at Midnapur, West Bengal. Both 15:53:47 IST Reason:

parties resided together as husband and wife till 22.04.2009. There is one female child namely Adrisha Mondal from this wedlock born on 09.08.2009. That thereafter, due to the some  2 differences between the parties, they started living separately with their respective parents.

That the Respondent-husband had filed the Suit No. 322 of 2010 Order dated 27.01.2011 passed by the Ld. Family Court, Haridwar, Uttrakhand in which ex-parte divorce decree was granted to the Respondent-husband.

Thereafter the Petitioner filed recall application before the Ld. Family Court Haridwar which was dismissed vide Order dated 16.05.2016. Against the said Order of the dismissal Petitioner filed First Appeal No. 110 of 2018 before Hon’ble High Court of Uttrakhand at Nainital. The said First Appeal was allowed by the Order dated 11.07.2017 and the ex-parte divorce decree granted in favour of the Respondent-husband was set aside and the divorce suit in the Family Court Haridwar was revive. Against the said Order of Hon’ble High Court the Respondent-husband has filed SLP (C) No. 12547 of 2019 and the Petitioner-wife has filed T.P. (C) No. 291 of 2019 for the transfer of suit for divorce from Haridwar to Burdwan. It is pertinent to note that during the pendency of recall application the Respondent has married again and has one male child namely Soumyajit Mondal from the Second Marriage.

This Hon’ble Court vide its order dated 29.07.2019 was pleased to refer the matter to Mediation Centre, Supreme Court of India, New Delhi.

Comprehensive mediation sessions were held with the parties separately and jointly on 29.07.2019 & 30.07.2019 and today i.e. on 31.07.2019 and with the indulgence of counsels and Mediators, the parties have arrived at an amicable settlement on the following terms and conditions:-

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, their respective counsels and their family members.

2. That the following cases are pending between the parties:-

(i) Suit No. 322 of 2010 titled as Tarun Kumar Mandal Vs. Paromita Mondal under Section 13 of H.M.A. pending before the Family Court Haridwar at Uttrakhand.

(ii) CRR No. 3203 of 2017 pending before Hon’ble High Court of Calcutta against Domestic Violence Case filed by the Petitioner- wife.

(iii) Case No. 1892 of 2010 in FIR No. 276 of 2010 under Section 498-A IPC pending before Ld. District Court Burdwan, West Bengal filed by the Petitioner-wife.

(iv) Maintainance Case No. 377 of 2012 under Section 125 Cr.PC pending before Ld. District Court Burdwan, West Bengal filed by the Petitioner-wife.

(v) Misc. Case No. 7 of 2017 and Execution Case No. 84 of 2017 pending before Ld. District Court Burdwan, West Bengal filed by the Petitioner-wife for enhancement of maintainance.

(vi) Any other pending cases/complaints (Civil or Criminal) against either parties and their family members or friends, if any.

3. That both the parties have entered into a full and final settlement/agreement in respect to the above mentioned cases on the following terms & conditions:

(I) That both the parties have agreed to take mutual divorce on a joint application before the concerned Court. That the respondent/husband will file a appropriate application before the Hon’ble High Court of Calcutta for quashing FIR No. 276/2010 in view of the terms of the settlement and the petitioner/wife will fully cooperate.

(II) That both the parties herein agree that they shall jointly pray to the Hon’ble Supreme Court to exercise its power under Article 142 of the Constitution of India and to grant Decree of Divorce by mutual consent, quashing and withdrawal of all Criminal and civil cases pending between the parties and their relatives, then the Respondent / husband will pay a full and final amount of Rs.

12,00,000/- (Rupees Twelve Lakhs Only) through a demand draft/cheque issued in the name of the Petitioner (Paromila Nayak) on the next date of hearing before this Hon’ble Court. For this purpose both the parties shall file proper application before this Hon’ble Court. That one authorized person by the petitioner-Paromita Mondal will collect the articles mentioned in Para No. 3(VI) from the Respondent’s house bearing No. Village: Kushar, P.O.-Pulsita, District: East Midnapur, West Bengal.

That the Respondent/husband shall send the said articles to Burdwan where Petitioner-wife resides on 18.08.2019 and the cost of the such transportation will be paid by the parties equally.

(III) It has been agreed between both the parties that the daughter namely Adrisha Mondal will remain with mother Ms. Paromita Mondal and no visitation right will be given to the Respondent (Mr. Tarun Kumar Mandal).

(IV) It has been agreed between both the parties that Respondent-husband Mr. Tarun Kumar Mandal shall pay a total sum of Rs. 12,00,000/- (Rupees Twelve Lakhs Only) as a full and final settlement to Ms. Paromita Mondal and her daughter namely Adrisha Mondal towards petitioner’s Stridhan and permanent alimony and the petitioner and her daughter’s maintenance past, present, future and any other claims whether criminal or civil in nature.

(V) That both the parties herein agree that all the pending cases whether specifically mentioned or not between the parties & their family members herein shall be withdrawn and brought to closure within one month of final Order passed by this Hon’ble  4 Court in Transfer Petition and Special Leave Petition. The parties and / or their family members, relatives or representatives undertake not to initiate any other litigation against each other in future also.

(VI) It is agreed between the parties that the Respondent- husband shall hand over the following articles to the Petitioner- wife. The Articles are as under:-

    (i)     Wooden Double Bed - 1
    (ii)    Steel Almirah           -1
    (iii)   Wooden Rack             -1
    (iv)    Dressing Table          -1
    (v)     Usable utencils, if any

(VII) That the LIC market plus policy of Rs 10,000/- each in the name of the respondent/husband, the details of which are as under:

(a) 467356312 to 467356316 dated 26.03.2008

(b) 467355392, 467355388, 467355385, 467355382, 467355383 dated 20.03.2008,

(c) 467355707, 467355710 to 467355713 dated 29.03.2008 That the father of the petitioner/wife will fully cooperate to get the duplicate/certificate from the concerned LIC/Authority on giving an application by the respondent/husband and the Respondent/husband shall undertake to transfer/refund the maturity amount of all the LIC Market Plus policy in the name of Petitioner/wife (Paromita Mondal) within two weeks of signing of this Settlement Agreement.

4. Both the parties agree and undertake that they have settled all their disputes and grievances against each other and against their family members amicably and they shall not file any complaints, proceedings whether criminal or civil, if any against each other or their family members or stake any claim on the movable or immovable, joint or ancestral, self-acquired or HUF properties of either parties and their respective families. Both the parties further undertake to withdraw the aforesaid matters or any other matter if any pending against each other anywhere.

5. By signing this Agreement, the parties hereto solemnly state and affirm that they have no further claims or monetary benefits in future by the petitioner/wife or the daughter namely Adrisha Mondal against the respondent/husband and all the disputes and differences have been amicably settled by the parties hereto, through the process of Mediation.

6. 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.

7. Both the parties further agree that while carrying out the above said stipulations no party should take advantage of its own wrong.” After the settlement was arrived at, the Court was informed that the petitioner, Smt. Paromita Mondal had some reservations. Parties therefore, remained present before this Court in order to enable them to explore the remaining area of difference which remained to be resolved. This order has been passed in their presence and with the consent of parties and counsel.

Since Smt. Paromita Mondal is conversant with Bengali, she has been duly explained various options during the course of the hearing by one of us (Hon’ble Indira Banerjee, J.) in Bengali. Smt. Mondal’s father is present with her in Court and both have understood the settlement to which they have eventually agreed.

The respondent Shri Tarun Kumar Mondal is also present in Court and accepted the eventual settlement.

During the course of the hearing, parties have agreed that the quantum of alimony payable to the petitioner, Smt. Paromita Mondal, by the respondent Shri Tarun Kumar Mondal shall stand enhanced from Rs 12 lakhs, as recorded in the Settlement, to Rs 15 lakhs. That apart, the respondent has assumed full responsibility for meeting the educational expenses of their child Adrisha Mondal who is presently 10 years old. The respondent has also unconditionally undertaken to meet such expenses as may be occasioned at the time of marriage of Adrisha, after she attains the age of majority.

Since the dispute has now been affirmatively settled, we issue the following directions:

(i) The settlement agreement between the parties dated 31 July 2019 as modified in the above terms in the presence of the parties and their counsel shall  6 operate as a decree and order of this Court;

(ii) The respondent has handed over a demand draft of Rs 12 lakhs to the petitioner in the Court and undertakes to hand over a demand draft of the balance amount of Rs 3 lakhs in the name of the petitioner to the learned counsel for the petitioner within a period of one month from today;

(iii) All the cases pending between the parties as set out in clause 2 of the Settlement shall stand quashed, subject to the payment of the balance amount of Rs 3 lakhs;

(iv) The respondent undertakes to pay the educational expenses of the child, Adrisha. He shall directly pay the school fees to the school every month or alternatively, reimburse the petitioner by the seventh day of every month.

(v) The marriage between the petitioner and the respondent stands dissolved by a decree and order of this Court under Article 142 of the Constitution for divorce by mutual consent.

The Transfer Petition and the Special Leave Petition are disposed of in the above terms.

…………....……….....................J. (Dr Dhananjaya Y Chandrachud) .……...…………...……...............J. (Indira Banerjee) New Delhi August 5, 2019  7 ITEM NO.61 COURT NO.10 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). 291/2019 PAROMITA MONDAL Petitioner(s) VERSUS TARUN KUMAR MONDAL Respondent(s) (IA No. 26504/2019 - EX-PARTE STAY)) WITH SLP(C) No. 12547/2019 (X) Date : 05-08-2019 These matters were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDIRA BANERJEE Counsel for the parties:-

Mr. Dinesh K. Garg, Adv.

Mr. Abishek Garg, Adv.

Mr. Dhananjay Garg, AOR Mr. Deepak Mishra, Adv.

Mr. R.P. Bansal, Adv.

Mr. Gopal Chaturvedi, Adv.

Mr. Utkarsh Srivastava, Adv.

Mr. Vinam Gupta, Adv.

Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R The Transfer Petition and the Special Leave Petition are disposed of in terms of the signed order.

Pending application(s), if any, shall also stand disposed of.

(MANISH SETHI)                                  (SAROJ KUMARI GAUR)
COURT MASTER (SH)                                   BRANCH OFFICER
               (Signed order is placed on the file)