Supreme Court - Daily Orders
Neha Kunal Jain vs Kunal Kishankumar Jain on 7 July, 2023
Author: J.K. Maheshwari
Bench: J.K. Maheshwari
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CIVIL) NO. 563/2023
NEHA KUNAL JAIN Petitioner(s)
VERSUS
KUNAL KISHANKUMAR JAIN Respondent(s)
ORDER
This Transfer Petition has been filed seeking transfer of Divorce Petition No. A2920 of 2022 pending before the Family Court at Bandra, Mumbai, Maharashtra to the Family Court at Gurugram, Haryana.
We have heard Ms. Neha Kunal Jain petitioner and Mr. Kunal Kishankumar Jain – respondent, who have appeared through virtual mode, as well as their respective counsel present in Court.
As per the order passed by this Court on 16.03.2023, the matter was referred to the Supreme Court Mediation Center.
The parties have settled their disputes in terms of the Settlement Agreement filed through the Mediation Center. The Signature Not Verified Digitally signed by parties have Jayant Kumar Arora Date: 2023.07.11 17:38:49 IST Reason: 2 mutually agreed on the following terms : “1
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4. It has been agreed between both the parties that the petitionerwife shall have sole custody of the child. The RespondentHusband shall have visitation rights for meeting the minor daughter Tisha, it is agreed that he shall visit twice a month to meet his daughter Tisha under the supervision of the Petitionerwife. The meeting shall be of up to 6 hours subject to convenience of the child at the Location of the child. The child Tisha shall meet the RespondentHusband/Father under supervision up to the age of attaining 12 years.
5. It has been agreed between both the parties that the Husbandpetitioner will be allowed to call his daughter Tisha once daily on weekdays during evening hours and twice on the weekends. The Call shall be as per the convenience of the child.
6. It has been agreed between both the parties that there shall be no negative feeding or misguiding or influencing the child Tisha against the other parent.
37. It has been agreed that both parties shall jointly move application under HMA for passing a decree of divorce between the Parties by mutual consent before the Family Court Gurgaon, Haryana. The First Motion shall be filed in the month of January 2024. The Second Motion shall be filed at the end of March 2024.
8. The Parties have agreed to withdraw the following cases: CRA120/2021 Titled as Kunal Kishankumar Jain Vs. Neha Kunal Jain and Anr. pending before ADJ, Gurgaon filed by the Respondent Husband.
CRMM 17771/2022 Titled as Kunal Kishankumar Jain Vs. Neha Kunal Jain and Anr. pending before Punjab and Haryana High Court filed by the Respondenthusband. Divorce Case No. Petition A2920/2022 tited as Kunal Kishankumar Jain Vs. Neha Kunal Jain pending before Family Court Mumbai, Bandra filed by RespondentHusband. CHI52021 titled as The State of Haryana Vs. Kunal Kishankumar Jain pending before JMIC, Gurgaon lodged in FIR No. 101 of 2020 P.S. Women cell, Gurgaon.
4 DV 171 of 2020 titled as Neha Kunal Jain Vs. Kunal Kishankumar Jain, pending before JMIC, Gurgaon.
9. Both parties solemnly undertake not to violate the above arrangement. If the arrangement is violated it would amount to contempt of the Hon’ble Supreme court. Both parties shall give consent for decree of consent for grant of mutual consent between the parties.
10. The aforesaid payment shall be made by the Respondent husband by way of RTGS/NEFT/DD/CASH/ONLINE TRANSFER in the account of the Petitioner Wife Account bearing No. 002101506734 and IFSC No. ICICI0000021 at ICICI Bank, Gurgaon Branch or Account bearing No. 5010 0247868655 and IFSC No. HDFC0000669 at HDFC Bank, Andheri East, Mumbai in at the date and time as agreed hereinabove.
11. Upon receipt of the aforesaid amount, respondent wife shall have no claim of any nature whatsoever present, past or future including permanent alimony and she further undertakes that she shall not file any case/complaint/proceeding of any nature whatsoever, against petitionerhusband and his family members, similarly the husbandpetitioner undertakes that he 5 shall not file any case/proceedings. The Respondent Wife shall withdraw maintenance case against the husbandpetitioner, in view of this one time settlement before filing of Second Motion and will render full assistance and cooperation in quashing of the above mentioned FIR. Similarly, the Respondenthusband undertakes to withdraw the aforesaid cases filed by him by moving appropriate application before the said fora.
12. The parties agree and undertake that they shall cooperate at all level and shall not level any allegation against each other and that they shall abide by the terms of this present settlement deed in its true sense and spirit.
13. They both undertake not to interfere in each others life in future and/or shall malign each other and/or their family members or friends via social media and/or internet.
14. Both the parties agree that the present settlement has been entered into between the parties, of their own free will and volition and without any force, pressure, coercion or undue influence and after understanding all the contents of this settlement agreement.
615. Save and except what has been agreed hereinabove, the parties have no other claim against each other with regard to any dispute/difference between the parties and the parties undertake that they will not institute any other legal or other proceedings in this regard.
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In terms of the settlement arrived at between the parties, which shall be observed by them in future, we are not inclined to pass any order on transfer. The parties shall abide by the terms of settlement and dispose of all the cases in view of the settlement arrived at between them.
With the aforesaid terms, the Transfer Petition is disposed of.
Pending interlocutory application(s), if any, is/are disposed of.
……...…….......................J. [J.K. MAHESHWARI …………..….....................J. [K.V. VISWANATHAN] NEW DELHI;
JULY 07, 2023.
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ITEM NO.2 COURT NO.13 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). 563/2023
NEHA KUNAL JAIN Petitioner(s)
VERSUS
KUNAL KISHANKUMAR JAIN Respondent(s)
Date : 07-07-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Ms. Charu Sangwan, AOR For Respondent(s) Mr. Shubham Bhalla, 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.
Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER (Signed order is placed on the file)