Supreme Court - Daily Orders
Suvidha Gupta vs Puneet Gupta on 25 July, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 1734 OF 2013
SUVIDHA GUPTA Petitioner(s)
VERSUS
PUNEET GUPTA Respondent(s)
O R D E R
This Transfer Petition under Section 25 of the Code of Civil Procedure has been filed by the petitioner-wife for transfer of H.M.A. Petition No. 1152 of 2013 titled as "Puneet Gupta Vs. Suvidha Gupta" from Senior Division, Ghaziabad, Uttar Pradesh to the Family Court, Rohini, New Delhi.
The matter was referred to Mediation Centre on 7th March, 2014. Learned counsel for the parties informed that the mediation before the Mediator has failed but subsequently, the parties have settled the dispute and filed the terms of Settlement, relevant portion of which reads as follows:
"1. It is agreed that Petitioner wife and the Respondent husband have decided to amicably settle all pending litigation between them on the terms of the settlement as detailed herein below;
2. Apart from the present Transfer Petition, the other litigations pending between the parties as on Signature Not Verified Digitally signed by date are as follows:Neeta Sapra Date: 2014.08.05 17:55:46 IST Reason:
FILED BY MRS. SUVIDHA GUPTA a. Criminal case No. 162/2013 titled as "State of UP vs. Puneet Gupta and 2 Others" under Section 498A/504/506 IPC r/w Section 3 and 4 of the Dowry Prohibition Act pending before the VIII Additional Chief Judicial Magistrate (ACJM), Ghaziabad.
b. Petition under the Domestic Violence Act being Case No. 218/3 pending before the Court of Metropolitan Magistrate, Mahila Court, Rohini, Delhi.
c. Complaint dated 12.06.2013 which was filed before P.S. Kavi Nagar, Ghaziabad and registered as NCR No. 105/2013.
d. Transfer Petition (Criminal) No._____ of 2014: (Diary No. 37488/2013) titled Mrs. Suvidha Gupta vs. State of U.P. and Others.
e. Complaint dated 15.6.2013 submitted by petitioner to SHO Kavi Nagar, SP, SSP, DIG, IG Ghaziabad for taking action against respondent and family members.
f. Complaint dated 25.6.2013 submitted by petitioner to SHO Mahila Thane Ghaziabad for taking action against respondent and family members.
FILED BY MR. PUNEET GUPTA g. Complaint dated 22.4.2013 filed before P.S. Indirapuram Ghaziabad, U.P. lodged by Ravi Kumar Gupta, father of Puneet Gupta.
h. H.M.A. Petition No. 1152 of 2013 titled Puneet Gupta vs. Suvidha Gupta under Section 13(i-a) of the Hindu Marriage Act, 1955 pending before the Civil Judge (Senior Division), Ghaziabad, Uttar Pradesh.
i. A miscellaneous application under Section 26 of the Hindu Marriage Act, 1956 for the custody of the daughter namely Mishika in H.M.A. Petition No. 1152 of 2013 before the Civil Judge, Sr. Division, Ghaziabad.3
j. Civil Suit No. 1135/2013 before the Civil Judge, Senior Division, Ghaziabad, U.P. k. An application under Section 151 CPC praying return of Car being Hyundai i20 bearing registration no. DL 7CL 1801 in Civil Suit No. 1135/2013 before the Civil Judge, Senior Division, Ghaziabad, U.P. l. Complaint dated 16.7.2013 filed in Daryaganj Police Station which is pending investigation.
3. That the petitioner wife and respondent husband have agreed to settle the afore-mentioned litigations pending between them (as stated in Para 2 above) and the present Transfer Petition on the following terms:
I. That the parties agree that their marriage be dissolved by mutual consent by filing a petition under Section 13-B of the Hindu Marriage Act, 1956 before the Family Court, Ghaziabad District Ghaziabad.
II. The respondent undertakes to pay to the petitioner a total sum of Rupees 40 Lakhs (30 lakhs for the petitioner and 10 lakhs for the future liability for the minor daughter baby Mishika) by way of Demand Draft in the following manner:
(i) First installment of Rs.10lakhs (Rupees Ten Lakhs) to be paid on 18.7.2014 before the Hon’ble Supreme Court on passing of the order for present settlement agreement and will be paid by Manager’s Cheque No. 037211 dated 14.7.2014 for Rs.10 lakhs issued by HDFC Bank Ltd., Daryaganj, New Delhi-110002 in favour of Suvidha Gupta; and
(ii) Second installment of Rs. 10 lakhs to be paid on the date of the passing of the order on the first motion under Section 13-B(1) of the Hindu Marriage Act, 1956 by the competent court and 4
(iii) Third and final installment of Rs.10 lakhs to be paid on the date of the passing of the order on the second motion under Section 13-B(2) of the Hindu Marriage Act, 1956 by the competent court. Further demand draft of 10 lakhs for the minor child in favour of baby Mishika shall be handed over to petitioner on that day.
(iv) Within 20 days from the date of the order passed by Hon’ble Supreme Court in the present petition and respondent undertakes to withdraw H.M.A. Petition No. 1152 of 2013 titled Puneet Gupta Vs. Suvidha Gupta under Section 13(i-a) of the Hindu Marriage Act, 1955 pending before the Civil Judge (Senior Division), Ghaziabad, Uttar Pradesh. The respondent shall also withdraw the application under Section 26 of the Hindu Marriage Act, 1956 for the custody of the daughter namely Mishika before the Civil Judge, Sr. Division, Ghaziabad. Both the parties shall co operate and appear in the court for necessary orders.
(v) Within 30 days from the date of the order passed by Hon’ble Supreme Court in the present petition the petitioner and the respondent agree and undertake that they will jointly file a petition of divorce by mutual consent in the Family Court, Ghaziabad. The cost of petition & their lawyer’s fees shall be borne by respective parties.
(vi) In view of the present settlement, the parties agree to make a joint prayer to this Hon’ble Court to quash the following criminal cases in exercise of its power under Article 142 of the Constitution of India:
i. Criminal Case No. 162/2013titled as "State of UP Vs. Puneet Gupta Others" under Section 498A/504/506 IPC r/w Section 3 and 4 of the Dowry Prohibition Act 5 pending before the VIII Additional Chief Judicial Magistrate (ACJM), Ghaziabad.
ii. Petition before under the Domestic Violence Act being Case No. 218/3 pending before the Court of Metropolitan Magistrate, Mahila Court, Rohini, Delhi.
iii. Complaint dated 12.6.2013 which was filed before P.S. Kavi Nagar, Ghaziabad and same was registered as NCR No. 105/2013.
iv. Complaint dated 15.6.2013 submitted by petitioner to SHO Kavi Nagar, SP, SSP, DIG, IG Ghaziabad for taking action against respondent and family members.
v. Complaint dated 25.6.2013 submitted by petitioner to SHO Mahila Thana Ghaziabad for taking action against respondent and family members.
vi. Complaint dated 22.4.2013 filed before P.S. Indirapuram Ghaziabad, U.P. lodged by Ravi Kumar Gupta, father of Puneet Gupta.
vii. Complaint dated 16.7.2013 filed in Daryaganj Police Station which is pending investigation.
III. The parties further agree that if the said joint request is declined, the petitioner undertakes to apply for withdrawal/quashing of the aforementioned cases, as stated in para 2, within 20 days from the date of the order passed by Hon’ble Supreme Court in the present petition.
IV. The respondent also undertakes to withdraw the following cases within 20 days from the date of the order passed by Hon’ble Supreme Court in the present petition.
6a. Civil Suit No. 1135/2013 before the Civil Judge, Senior Division, Ghaziabad, U.P. b. An application under Section 151 CPC praying return of Car being Hyundai i20 bearing registration No. DL 7CL 1801 in Civil Suit No. 1135/2013 before the Civil Judge, Senior Division, Ghaziabad, U.P. V. In case the respondent fails to pay the aforesaid amounts as per the schedule given above, the petitioner shall not be bound to comply with the terms of this settlement. Similarly, if petitioner does not comply with the terms of the settlement and or not cooperate in the proceedings petitioner undertakes to return the amount she will receive.
VI. That the petitioner is in possession of a car being "Hyundai i20" bearing registration No. DL 7CL 1801. The said vehicle is registered in the name of Shri Ravi Kumar Gupta, i.e. respondent’s father. The respondent undertakes to arrange to issue the sale/transfer letter in the petitioner’s name and will be given to petitioner against her delivery/possession letter in the name of Shri Ravi Kumar Gupta within 20 days from the date of the order passed by Hon’ble Supreme Court in the present petition.
VII. The custody of the minor daughter, Mishika, shall remain with the petitioner and respondent shall not claim visitation rights, respondent shall have no kind of future liability of the child.
VIII. That all the articles belonging to petitioner stand returned towards istridhan and no claim of any kind remains against the respondent and his family members.
IX. That since the petitioner is receiving the above said amount as permanent alimony for life. In future the petitioner, her parents, successor or anyone on her behalf will not claim any amount or article from respondent and 7 his family members.
4. Both the parties hereto confirm that they have agreed to the aforementioned terms of settlement voluntarily and of their own free will and that they shall comply with the said terms.
5. Both the parties agree that they would henceforth not initiate any proceedings against each other and their family members with respect to the present matrimonial alliance.
6. Both the parties agreed to cooperate and appear in the court for necessary orders and file necessary application/proceedings for effective implementation of this settlement.
7. The parties to the present petition further agree that in future they will not interfere in personal life of each other in any manner whatsoever.
8 By agreeing to the above-mentioned terms, the parties agree that they have no further claims or demands against each other all disputes and differences have been amicably settled between the parties."
Having heard learned counsel for the parties and in view of Joint Memo of Settlement filed by them, we pass the following order:
i. Record of Criminal Case No. 162/2013 titled as "State of UP Vs. Puneet Gupta Others" under Section 498A/504/506 IPC r/w Section 3 and 4 of the Dowry Prohibition Act pending before the VIII Additional Chief Judicial Magistrate(ACJM), Ghaziabad is called for and is quashed ii. Record of petition under the Domestic Violence Act being Case No. 218/3 pending before the Court of Metropolitan Magistrate, Mahila Court, Rohini, Delhi is called for and is quashed 8 iii. Record of Complaint dated 12.6.2013 which was filed before P.S. Kavi Nagar, Ghaziabad and same was registered as NCR No. 105/2013 is called for and is quashed.
iv. Record of Complaint dated 15.6.2013 submitted by petitioner to SHO Kavi Nagar, SP, SSP, DIG, IG Ghaziabad for taking action against respondent and family members is called for and is quashed.
v. Record of Complaint dated 25.6.2013 submitted by petitioner to SHO Mahila Thana Ghaziabad for taking action against respondent and family members is called for and is quashed.
vi. Record of Complaint dated 22.4.2013 filed before P.S. Indirapuram Ghaziabad, U.P. lodged by Ravi Kumar Gupta, father of Puneet Gupta is called for and is quashed.
vii. Record of Complaint dated 16.7.2013
filed in Daryaganj Police Station
which is pending investigation is
called for and is quashed.
Parties are directed to adhere to the terms and conditions of the settlement reached between the parties and move before the appropriate forum/Court for withdrawal of the case and for divorce by consent (under Section 13B of the Hindu Marriage Act). If such a petition is filed under Section 13B of the Hindu Marriage Act, the competent authority will immediately pass appropriate orders dissolving the marriage between the parties.9
The transfer petition is disposed of with aforesaid observation.
................................J. ( SUDHANSU JYOTI MUKHOPADHAYA ) ................................J. ( S.A. BOBDE ) NEW DELHI;
JULY 25, 2014
ITEM NO.43 COURT NO.5 SECTION XVIA
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). 1734/2013 SUVIDHA GUPTA Petitioner(s) VERSUS PUNEET GUPTA Respondent(s) Date : 25/07/2014 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON’BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. Nikhil Nayyar ,Adv.
For Respondent(s) Mrs Rani Chhabra ,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.
(Neeta) (Usha Sharma)
Sr. P.A. Court Master
(Signed order is placed on the file)