Supreme Court - Daily Orders
Preeti Choudhary vs Vikas Nagar on 1 May, 2023
Bench: Ajay Rastogi, Bela M. Trivedi
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(CIVIL) NO(S).313 OF 2022
PREETI CHOUDHARY ….PETITIONER(S)
Versus
VIKAS NAGAR ….RESPONDENT(S)
ORDER
The prayer in this petition is for transfer of the divorce petition filed by the respondent husband under Section 13(1)(c) of the Hindu Marriage Act, 1955 (for short “HMA”) pending before the Court of Principal Judge, Family Court, Meerut, Uttar Pradesh to the Family Court, Karkardooma, Delhi.
The marriage between the petitioner and husband was solemnized according to Hindu rites, rituals and customs on 26 th February, 2014 at Ghaziabad, U.P. Both the parties resided together as husband and wife until 12th January, 2020 and from this wedlock one male child namely, Neelaksh was born on 6 th December, 2015. Thereafter due to minor differences between the parties, they started Signature Not Verified Digitally signed by living separately.
Ashwani KumarDate: 2023.05.02 18:24:12 IST Reason:
After hearing the matter, both the parties have consented that if 2 the matter is sent for mediation, they may explore the possibility of settlement of their matrimonial differences through the process of mediation. Taking note of the wishes of the parties, this Court by an order dated 15th September, 2022 directed the parties to appear for mediation before the Coordinator, Supreme Court Mediation Centre for settlement of their matrimonial differences.
In the course of the mediation proceedings, the parties entered into a deed of settlement dated 19 th April, 2023 and it was amicably resolved with the assistance of the Mediator that let the pending dispute filed at the instance of either of the parties arising from this matrimonial relation may be quashed and set aside on the terms and conditions which have been amicably settled between the parties. A copy of the deed of settlement has been duly signed by the parties in the presence of the witnesses of the respective counsel and by the Mediator on 19th April, 2023.
The deed of settlement dated 19th April, 2023 has been taken on record. It has been agreed upon between the parties that they may jointly request this Court to grant a decree of divorce by consent under Section 13B of the HMA.
Along with learned counsel for the parties, the petitioner wife and respondent husband are present inperson in this Court. The 3 petitioner has stated that all matrimonial differences have been settled in terms of the deed of settlement. Both the parties in the presence of their counsel have requested this Court to grant a consent decree of divorce by exercising its jurisdiction under Article 142 of the Constitution taking into consideration the deed of settlement arrived at between the parties dated 19th April, 2023.
In view of the terms of the deed of settlement dated 19th April, 2023 and the statement made by the parties, we are satisfied that there is an overall settlement of the matrimonial dispute and the parties have voluntarily agreed to dissolve their marriage by mutual consent.
Apart from other cases instituted against the parties inter se, the divorce petition came to be filed by the respondent husband under Section 13(1)(c) of the HMA for seeking a decree of divorce. In the deed of settlement, the parties have jointly stated that due to matrimonial discord, there is an irretrievable breakdown of marriage and they have decided to withdraw the allegations which have been levelled in the course of different proceedings initiated between the parties inter se and wants to bury all their past, present and the future acrimonies and disputes arising out of their matrimonial relation and do not want to indulge in any manner to interfere between the affairs of each other 4 in future in any respect and means including on the social media etc. and have decided to dissolve their marriage by mutual consent.
We have gone through the records and find that both the parties are well educated and are fully aware of their rights and obligations, and living separately from 12th January, 2020 and because of their irresolvable dispute and on their personal introspection, both of them are persuaded that it will be in their joint interest if they dissolve their marriage with mutual consent after taking aid of Section 13B of the HMA.
When it has not been possible to live together and to discharge their matrimonial obligations towards each other and are residing separately since January, 2020 and have been litigating for quite some time and having not reconciled to live together, this Court finds no reason in the circumstances to prolong their agony any further and more so, when they have settled their matrimonial differences amicably to dissolve their marriage by mutual consent as indicated in the deed of settlement dated 19th April, 2023.
In the above circumstances, in our view, this is one of those cases where we may invoke and exercise our jurisdiction under Article 142 of the Constitution.
The cases of which details have been furnished in the deed of 5 settlement are as under:
(i) Maintenance Case No.182/2022 entitled Preeti Choudhary & Anr. Versus Vikas Nagar before Principal Judge, Family Court, Karkardooma, Delhi;
(ii) Custody Case bearing No.NIL filed by Respondent Vikas Nagar before Principal Judge, Family Court, Karkardooma, Delhi;
(iii) Domestic Violence Case bearing no.CT 900/2021 pending before the learned Chief Judicial Magistrate, Shahdara, Delhi;
(iv) F.I.R. No.412/2022 under Section 498A, 506, 406/34 P.S. Mansarovar Park, Shahdara, Delhi – 110 032;
(v) Criminal Case COMI/165/2023 U/s 66E, 67A of I.T. Act and 354C & 509 I.P.C. entitled Preeti Choudhary Versus Vikas Nagar pending before Chief Judicial Magistrate, Gurgaon, Haryana.
The aforesaid proceedings which admittedly arising from this matrimonial relation stand closed.
We accordingly, direct that Matrimonial Case No.HMA 1830/2021, entitled Vikas Nagar Vs. Preeti Choudhary, under Section 13(1)(c) of the Hindu Marriage Act, 1955, pending before Principal Judge, Family Court, Meerut, U.P. be transferred to this Court and convert the present petition into proceedings under Section 13B of the HMA and by invoking our jurisdiction under Article 142 of the Constitution, we grant them a decree of divorce by mutual consent, as jointly prayed by them.
Accordingly, the present petition stands disposed of. 6 Registry is directed to prepare the decree in compliance of this order and make it available to both the respective parties.
Parties to bear their own cost.
Pending application(s), if any, shall stand disposed of.
……..…………………J. (AJAY RASTOGI) ……..…………………J. (BELA M. TRIVEDI) NEW DELHI;
MAY 01, 2023.
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ITEM NO.1 COURT NO.5 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). 313/2022
PREETI CHOUDHARY Petitioner(s)
VERSUS
VIKAS NAGAR Respondent(s)
(IA No.22309/2022-EX-PARTE STAY and IA No.22310/2022-EXEMPTION FROM FILING O.T.MEDIATION REPORT RECEIVED.
IA No. 34073/2023 - APPROPRIATE ORDERS/DIRECTIONS Date : 01-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Gopal Prasad, AOR Ms. Shalya Agarwal, Adv.
For Respondent(s) Ms. Bharti Tyagi, AOR Mr. Bhakti Pasrija, Adv.
Mr. Moksh Pasrija, Adv.
Mr. Arun Kumar Agarwal, Adv.
Mr. Piyush Lakhan Pal, 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, stands disposed of accordingly.
(ASHWANI KUMAR) (VIRENDER SINGH)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER
(Signed order is placed on the file)