Supreme Court - Daily Orders
Neeharika Sharma vs Akshay Ramesh Agrawal on 19 March, 2024
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 3220/2023
NEEHARIKA SHARMA PETITIONER(S)
VERSUS
AKSHAY RAMESH AGRAWAL RESPONDENT(S)
O R D E R
This is a petition filed under Section 25 of the Code of Civil Procedure, 1908 (for short “CPC”). The petitioner is the wife of the respondent. The petitioner has sought the following reliefs in this Transfer Petition:
“(a) Transfer the petition being Petition No.A/992/2023 titled as Mr. Akshay Ramesh Agrawal -Vs- Ms. Neeharika Sharma pending before Family Court at Bandra, Mumbai to the learned Family Judge, Patiala House Courts, New Delhi; and
(b) Pass such other order(s)/direction(s) as it may deem fit and proper in the facts and circumstances of the case.” During the pendency of this Transfer Petition, the parties were referred to the Supreme Court Mediation Centre. Learned counsel for the respective parties submitted that the parties have resolved to part ways on certain terms and conditions which are noted in the Settlement Agreement arrived at before the Supreme Court Mediation Centre dated 28.02.2024.
Learned counsel for the respective parties submitted that a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs Only) has been paid by a demand draft by the respondent-husband to the petitioner who Signature Not Verified is present in Court and who has acknowledged the receipt of the Digitally signed by RADHA SHARMA Date: 2024.03.22 16:34:06 IST Reason: same.
1 It is further submitted that certain proceedings filed inter se between the parties may also be quashed, that, the payment of the aforesaid sum along with the stridhan as per the list attached is in full and final settlement of all claims of the petitioner against the respondent.
Learned counsel for the respective parties also submitted that the minor son namely Evyan, who is aged about 4½ years, is to be in the permanent custody of the petitioner-wife and the respondent shall have no right whatsoever in relation to him.
They further submitted that the parties have decided to dissolve their marriage by a decree of divorce by mutual consent and therefore, the Settlement Agreement dated 28.02.2024 as well as the joint application filed by the parties under Article 142 of the Constitution may be taken on record and the marriage between the parties may be dissolved by granting a decree of divorce by mutual consent.
The parties are present before this Court. They have been identified by their respective counsel. When queried by this Court they stated that they have indeed decided to part ways and seek dissolution of their marriage by a decree of divorce by mutual consent. They also stated that they have arrived at the said decision on certain terms and conditions on their own free will and volition without there being any coercion or undue influence from any side.
They further stated that they would abide by the terms and conditions of the settlement and hence, the dissolution of marriage may be granted by this Court.
2 In the above backdrop, we have taken on record the Settlement Agreement dated 28.02.2024 and the joint application filed under Article 142 of the Constitution and perused the same. On perusal of of the same, we note that a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs Only) has been paid by the respondent to the petitioner in full and final settlement of all her claims as against the respondent herein subject to encashment of the demand draft. Further as per the Annexure to the Settlement Agreement, articles mentioned in the said Annexure comprised in 15 Boxes and one briefcase have also been handed over by the respondent to the petitioner, who has acknowledged receipt of the same. The following cases filed by the parties stand quashed, namely:
“(i) AND WHEREAS, THE Second Party/Wife has filed a complaint u/s 12 of PWDV Act against the First Party/husband and his family vide case titled as Neeharika Sharma Vs. Akshay Agrawal Ct. Case No.30/2022 (NDOH: 13.03.2024) and also on her complaint a FIR No.589/2020 u/s 498A/406/34 IPC was registered in Police Station Naraina titled as State Vs. Akshay Ramesh Agrawal (NDOH:30.03.2024). Both the above said case are pending before the Judge Ms. Akanksha Garg, Mahila Court, Ld. MM, Patiala House Courts, New Delhi.
(ii) AND WHEREAS the First party/husband has filed a divorce petition under H.M.A. bearing Petition No.A-
992/2023 pending before Judge Smt. Trupti G. Mitkari, Bandra Family Court at Mumbai case titled case Akshay Agrawal Vs. Neeharika Sharma next date of hearing 24.04.2024.
3 The terms of the Settlement Agreement are perused by us and shall form part and parcel of this order.
On perusal of the same, we find that the said terms and conditions of the Settlement Agreement are lawful and there is no legal impediment in accepting the same.
The said terms and conditions are accepted by this Court. Consequently, the marriage between the parties which took place on 02.06.2017 at New Delhi is dissolved by a decree of divorce by mutual consent.
The Registry to draw-up a decree in the aforesaid terms. Consequently, the Transfer Petition stands disposed of. Pending application(s), if any, shall stand disposed of.
.......................J. ( B.V. NAGARATHNA ) ..........................J. ( AUGUSTINE GEORGE MASIH ) NEW DELHI;
MARCH 19, 2024
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ITEM NO.2 COURT NO.12 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION (CIVIL) NO(S). 3220/2023
NEEHARIKA SHARMA Petitioner(s)
VERSUS
AKSHAY RAMESH AGRAWAL Respondent(s)
(MEDIATION REPORT RECEIVED.
IA No. 251032/2023 - EX-PARTE STAY
IA No. 251035/2023 - EXEMPTION FROM FILING O.T.) Date : 19-03-2024 This matter was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Venkita Subramoniam T.R, AOR Mr. Likhichand Bonsle, Adv.
Mr. Rahat Bansal, Adv.
Mr. Varun Mudgal, Adv.
For Respondent(s) Mr. Dheeraj P Deo, AOR Mr. Devesh Sharma, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition stands disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (MALEKAR NAGARAJ)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)
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