Supreme Court - Daily Orders
Sakshi Raina vs Dr. Aakash Raj on 24 April, 2025
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2703/2024
SAKSHI RAINA Petitioner(s)
VERSUS
DR. AAKASH RAJ Respondent(s)
ORDER
This petition has been filed seeking transfer of HMA/1795/2023 titled as “Dr. Aakash Raj vs. Sakshi Raina” from the Family Court at Ghaziabad, Uttar Pradesh to the Court of Chief Metropolitan Magistrate, Dwarka, New Delhi. The marriage between the petitioner and the respondent was solemnized on 09.02.2020. Subsequently, on account of the disputes arisen between the parties, the respondent filed a petition under Section 9 of the Hindu Marriage Act, being HMA/1795/2023 before the Family Court at Ghaziabad, Uttar Pradesh, which the petitioner has sought for transfer in this Transfer Petition. It is reported that the parties have been living separately for the last about three years. During the course of hearing, efforts were made between the parties to bring down a mutual settlement and vide order dated 16.01.2025, by the consent of the parties, the matter was referred to the Supreme Court Signature Not Verified Mediation Centre for an amicable settlement of the Digitally signed by Jayant Kumar Arora Date: 2025.04.30 17:08:25 IST disputes. By virtue of the mediation and the efforts Reason: of both the parties, the settlement has been arrived at between the parties. The terms of the Settlement Agreement dated 01.04.2025 are reproduced as under :-
2“SETTLEMENT AGREEMENT This Memorandum of Understanding (hereinafter referred to as Settlement Agreement) is executed at New Delhi on this 1st day of April, 2025.
BETWEEN Sakshi Raina, W/O: Dr. Aaksh Raj, D/O: R. K. Raina, R/O: E-302, Navsanjivan CGHS, Sector 12 Dwarka, New Delhi, Presently at 9949 Erma Road Apartment, 102 San Diego, California 92131, USA, Represented through her Father/ Power of Attorney R.K. Raina (herein after referred to as the First Party) AND Dr. Aakash Raj, S/O Dr. Raj Bhushan, R/O:
704/1, Aditya Suntech City, Sector-5, Vasundhara, Ghaziabad-201012, U.P., presently posted at Jabalpur, Madhya Pradesh (herein after referred to as the Second Party).
(The First Party and the Second Party a rereferred to a s 'Parties', where they are referred to collectively) WHEREAS the marriage between the parties was solemnized as per Hindu rites and customs on 09.02.2020 at CSAI Officers Mess, New Delhi. No child has born out of the wedlock.
WHEREAS due to the differences between the Parties they are now living separately since May, 2022 and all efforts to reconcile the marriage has failed. At this moment the First Party is living at USA.
WHEREAS the Second party has on 17.07.2023 filed a case under Section 9 of the Hindu Marriage Act, 1956 being HMA/1795/2023, titled as "Dr. Akash Raj Vs Smt. Sakshi Raina" seeking restitution of conjugal rights and the case is pending adjudication before Ld. Principal Judge, Family Court, Dist. Ghaziabad (UP).3
WHEREAS the First Party through her Father/ Power of Attorney holder R.K. Raina on 12.06.2024 filed the complaint being MC 383 of 2024 under sections 8, 12, 16, 17, 18, 19, 20, 22, 23 of Protection of Women from Domestic Violence Act, 2005 and the same is pending adjudication before the before Ld. Chief Metropolitan Magistrate, Dist. (S-W), Dwarka, New Delhi.
WHEREAS on 18.07.2024 the First Party/ petitionere has field the present Transfer Petition (C) No. 2703/ 2024- "
Sakshi Raina Vs. Dr. Aakash Raj" before the Hon'ble Supreme Court of India seeking transfer of the Case HMA/1795/2023, titled as "Dr. Akash Raj Vs Smt. Sakshi Raina" filed under section 9 of the Hindu Marriage Act, 1956 by Second party/ Respondent from the Court of Ld. Principal Judge, Family Court, Dist. Ghaziabad (UP) to the Court of Chief Metropolitan Magistrate, District:
South-West, Dwarka, New Delhi.
WHEREAS vide order 16.01.2025 the Hon'ble Supreme Court has referred the matter to mediation for exploring the possibility of a settlement between the parties. Accordingly per the order of the Hon'ble Supreme Court comprehensive mediation sessions (Single & Joint Sessions) were held between the parties on 23.01.2025, 07.02.2025, 27.02.2025 & 24.03.2025 through virtual and physical mode and the parties have mutually agreed to amicably settle their matrimonial disputes and today on 01.04.2025 the parties have signed the Memorandum of Understanding inter-alia on the following terms and conditions.
AND NOW THEREFORE THE TERMS OF THE MEMORANDUM OF UNDERSTANDING ARRIVED AT BETWEEN THE PARTIES ARE AS UNDER:
A. THAT the Second Party will pay amount of Rs.40,000,00/- (Rupees Forty Lakhs Only) to the First Second Party as alimony towards the full and final settlement of their matrimonial dispute.4
The First Party will have no other demand/claim towards her alimony, 'stridhan' and maintenance (past, present & future), Apart from this the parties will have no other claim or demand on each other regarding moveable or immoveable properties including the jewelries which are in their respective possessions.
B. THAT the Second Party will pay the above agreed amount of Rs.40,000,00/- (Rupees Forty Lakhs Only) to the First Party through Demand Draft drawn in the name of the First Party and handover thecsame to her father/ Power of Attorney holder R.K. Raina on the next date of hearing before the Hon'ble supreme Court of India C. THAT the First Party has agreed and undertakes to withdraw the complaint being MC 383 of 2024 filed under sections 8, 12, 16, 17, 18, 19, 20, 22, 23 of Protection of Women from Domestic Violence Act, 2005 and the same pending adjudication before the before Ld. Chief Metropolitan Magistrate, Dist. (S-W), Dwarka, New Delhi. The first party further undertakes withdraw the maintenance petition filed by her through Army Channels.
D. THAT the Second Party has agreed and undertakes to withdraw the case filed by him under Section 9 of the Hindu Marriage Act, being 1956 HMA/1795/2023, titled as "Dr. Akash Raj Vs Smt. Sakshi Raina"
seeking restitution of conjugal rights and the case is pending disposal before Ld. Principal Judge, Family Court, Dist. Ghaziabad (UP) or as ordered by the Hon'ble Supreme Court of India. E. THAT the parties undertake not to discuss/share/post/publish their story of marriage and divorce and the photographs which they clicked together in any platform including the Social Media/ WhatsApp or in any other electronic media or publications.5
F. THAT have moved on in their respective lives and have amicably settled all the disputes between them and have no more grudge or grievance against each other and undertake not to initiate any other litigation, claim or complaint against each other or their respective family members.
G. THAT the both the parties undertake to remain bound by the terms and conditions of this settlement and mutually undertake not to challenge the terms and conditions of this Memorandum of Understanding before a court of law. In case of violation of the terms and conditions of this settlement, the aggrieved party will be at liberty to initiate legal action against the violator including the contempt of the court proceeding and the violator will be liable to face the cost and consequences of law thereof.
H. THAT both the parties have arrived at the Settlement/ Agreement out of their free will and volition and have given their individual consent in their sound mind without any fear, force, threat, compulsion or coercion from anyone.
I. THAT by signing this Settlement/ Agreement the parties hereto solemnly state and affirm that they have no further claims or demandscagainst each other including maintenance, alimony or any movable or immovable property and all the disputes between them have been amicably settled through the process of mediation at the Supreme Court Mediation Centre.
J. THAT in view of the Memorandum of Understanding the parties will jointly take steps/ move application before the Hon'ble Supreme Court or the competent court for the dissolution of their marriage and a decree of divorce by mutual consent/ appropriate reliefs) in terms ofthe present Settlement/ Agreement.6
K. The contents of this settlement - agreement have been explained to all the parties through their respective counsels and they have understood the same.” The respondent – Dr. Aakash Raj is present in Court physically. The petitioner – Sakshi Raina, who is residing in United States, has appeared through Video Conferencing. Her mother has appeared in Court physically. We have interacted with the parties along with their respective counsel. As per the settlement, the respondent – husband has handed over the entire amount of Rs. 40,00,000/- (Rupees Forty Lakhs) to the petitioner’s mother, who is present in Court today, as stated in Para B of the Settlement Agreement, by way of a Demand Draft. The details of the Demand Draft are as follows :-
DD No. and Dated In the name of Amount Bank 546193 17.04.2025 Sakshi Raina 40,00,000/-
State Bank of India New Delhi Main Branch The parties have also agreed to withdraw their respective cases filed against each other, as mentioned in Paragraph Nos. C and D of the Settlement Agreement dated 01.04.2025. The relationship between the petitioner and the respondent has broken down irretrievably and there is no chance of the two living together. Under these circumstances and in terms of the Settlement Agreement dated 01.04.2025, duly signed by the parties, we grant the Decree of Divorce by mutual consent in exercise of our jurisdiction under Article 7 142 of the Constitution of India. Consequently, the marriage between the petitioner – Sakshi Raina and the respondent – Aakash Raj stands dissolved by Decree of Divorce by mutual consent. The net outcome of the above is that the parties are at liberty to live their lives separately as per their own free will.
The parties shall abide by the terms of the settlement, which they have agreed before the Supreme Court Mediation Centre and before us during the course of hearing.
In view of above, the Transfer Petition is disposed of.
The Registry shall prepare a Decree of Divorce in terms of this order.
Pending interlocutory application(s), if any, is/are disposed of.
………..........................J. [ SUDHANSHU DHULIA ] .......…..………..............J. [ K. VINOD CHANDRAN ] NEW DELHI;
APRIL 24, 2025.
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ITEM NO.12 COURT NO.12 SECTION XI
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). 2703/2024
SAKSHI RAINA Petitioner(s)
VERSUS
DR. AAKASH RAJ Respondent(s)
IA No. 1488/2025 - APPLICATION FOR PERIMSSION TO MEDIATION IA No. 205610/2024 - EX-PARTE STAY IA No. 205612/2024 - EXEMPTION FROM FILING O.T. Date : 24-04-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Petitioner(s) : Mr. Dipak Kumar Jena, AOR Mr. Prasanna Kumar Parhi, Adv. Mr. Pramod Kumar, Adv.
Ms. Smita Kumari, Adv.
Mr. Pradeep Kumar Verma, Adv.
Mr. Raj Shekhar Jena, Adv.
Mr. Ashutosh Singhdeo, Adv.
For Respondent(s) : Mr. Shubhendu Anand, Adv.
Mr. Piyush Dwivedi, Adv.
Mr. Ayush Anand, AOR Mr. Monu Kumar, Adv.
Mr. Vishal Kumar, Adv.
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) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)