Supreme Court - Daily Orders
Saloni vs Ayush Rastogi on 8 August, 2023
Bench: C.T. Ravikumar, Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION(CRL.) NO. 1462 OF 2022
SALONI Petitioner(s)
VERSUS
AYUSH RASTOGI Respondent(s)
O R D E R
1. This petition has been filed under Section 25 of the Code of Civil Procedure seeking transfer of Divorce Petition filed under Section 13 of Hindu Marriage Act being Case No. HMA/616/2022 titled as “Ayush Rastogi vs. Saloni” from the Court of Principal Judge/Family Court, Gurugram, Harayana to the Principal Judge, Family Courts, Meerut, U.P.
2. The parties were sent for mediation under the orders of this Court and the mediation was successfully conducted. Since the settlement agreement dated 25.5.2023 contained the condition regarding waiver of the right of the minor daughter, the parties were directed to Signature Not Verified Digitally signed by NIRMALA NEGI Date: 2023.08.12 seek 11:15:43 IST Reason: appropriate amendment. Pursuant to that order, amended Settlement Agreement has been filed and forwarded 2 on 24.7.2023. The terms of the modified settlement reads as follows:-
i. “It is settled that the Respondent-Husband shall pay a lump-sum amount of Rs. 28,00,000/- (Rupees Twenty Eight Lacs Only) out of which an amount of Rs.5,00,000/- (Rupees Five lacs only) will be paid by way of Demand Draft in the name of the Petitioner-wife as full and final settlement of all her claims for their past, present, future and permanent alimony or any other claims whatsoever including Istridhan against the Respondent- husband or his family members and remaining amount of Rs.23,00,000/- (Rupees Twenty Three Lacs) shall be paid by way of Demand Draft in the name of their minor daughter Ms. Idhika Rastogi towards her education, marriage and other misc. expenses and will handover both the Demand Drafts to the Petitioner-Wife at the time of hearing of the case by this Hon'ble Court. ii. WHEREAS, it is also agreed between the parties that custody of the minor child Ms. Idhika Rastogi shall remain with the Petitioner mother and the Respondent father shall have the visiting rights once in a month on a date and time mutually agreed by both the parties. It is also clarified that the Respondent-husband shall inform the Petitioner-wife at least 1 week before the 3 date of his visit.
iii. It has been agreed, that both the parties shall jointly move an application under Article 142 for passing a decree of divorce by mutual consent before the Hon'ble Supreme Court and for further disposing of the Divorce Petition bearing H.M.A. No. 2843 of 2022 pending at Gurugram, Haryana. 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 grant of decree of divorce by mutual consent.
iv. Upon receipt of the aforesaid amount, petitioner-wife shall have no claim of any nature whatsoever present, past or future including permanent alimony and she further undertakes that she will not file any case/complaint/proceeding of any nature whatsoever, against the respondent-husband and his family members. Similarly, the husband-respondent undertake that he will not file any case/proceedings against the petitioner-wife and her family members.
v. The Petitioner-Wife shall withdraw all her pending cases as mentioned above against the husband-respondent including his family members.4
vi. The parties agree and undertake that they shall cooperate at all level and shall not level any allegations against each other in future and that they shall abide by the terms of this present settlement deed.
vii. 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 through internet.
viii. Both the parties agree that the present settlement has been entered into between the parties, out of their own free will and volition and without any force, pressure, coercion or undue influence and after understanding all the terms/contents of this settlement agreement.
ix. Save and except what has been agreed herein above, the parties have no other claim against each other with regards 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. x. The terms of the present settlement have been explained and understood by both the parties and the same have been 5 signed voluntarily of their own free will after understanding the contents of the same and the Settlement Agreement so arrived would be binding on the parties. xi. Both the parties have with the assistance of the Mediator and the respective counsels of the parties, voluntarily arrived at an amicable solution resolving the above- mentioned and all other disputes and differences between them.
xii. By signing of this Agreement, both parties hereto solemnly state and affirm that they have no other/further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of this Mediation. xiii. Both the parties undertake before the Hon'ble Supreme Court to abide by the terms and conditions set out in this Settlement Agreement, which have been, arrived without any coercion, duress or collusion and· undertake not to raise any dispute whatsoever hereinafter in future.
xiv. That both the parties have gone through the details of the aforesaid terms of settlement agreement and have understood the same and shall abide by the same. 6 xv. That the parties are accordingly, signing this settlement agreement by their free will.”
3. We have gone through the amended Settlement Agreement and heard learned counsel on both sides. The Respondent-
husband is present in Court and the Petitioner-wife appeared virtually.
4. Evidently, the parties are now residing separately since 2020 and have decided to part their ways peacefully in terms of the settlement already referred to hereinbefore and give quietus to the entire issues between them.
5. In terms of the conditions contained in Clause 1 of the Amended Settlement, the Respondent-husband has handed over two Demand Drafts i.e. D.D. No. 000476 dated 30.6.2023 for Rs.5 Lakhs and D.D. No. 000477 dated 30.6.2023 for Rs. 23 lakhs respectively to the learned counsel for the Petitioner. It is submitted by the learned counsel on both sides and also by the parties that all the other conditions in the agreement have been complied with. In terms of the settlement, custody of the minor child borne out of the wedlock, Ms.Idhika Rastogi, would remain with the Petitioner-mother and the 7 Respondent-husband would have visitation rights once in a month and the same would be impregnated in terms of Clause 2 of the Amended Settlement.
6. In terms of the settlement, the following cases filed by the Petitioner-wife shall have to be withdrawn by her:
“i) Complaint Case No. 99227/2022 registered under Sections 406, 504 and 506 I.P.C. pending in the Court of Civil Judge (CD), FTC Meerut, Uttar Pradesh;
ii) Petition No. 1079/2022 under Section 125 CrPC pending before the Family Court, Meerut, Uttar Pradesh; and
iii) Complaint Case No. 2617/2022 under Sections 18, 19, 20, 22 and 23 of the Prevention of Women from Domestic Violence Act, 2005, pending in the Court of Upper Civil Judge (JD), Court No. 1, Meerut, Uttar Pradesh”.
7. After hearing the parties and on consent of the petitioner-wife who is the complainant/petitioner in all the above mentioned three cases, Complaint Case No. 99227/2022 pending in the Court of Civil Judge (CD), FTC Meerut, Uttar Pradesh, Petition No.1079/2022 pending before the Family Court, Meerut, Uttar Pradesh and Complaint Case No.2617/2022 pending before the Court of Upper Civil Judge (JD), Court No.1, Meerut, Uttar Pradesh and all proceedings therefrom, stand quashed.
8. In terms of the settlement, the parties have filed a joint application, being I.A. No. 134890/2023, seeking 8 grant of decree of divorce by mutual consent under Section 13 B of the Hindu Marriage Act. It is to be noted that the Respondent-husband has filed a divorce petition being HMA No.2843/2022 under Section 13(1)(ia)(b) of the Hindu Marriage Act, which is now pending before the Principal Judge, Family Court, Gurugram, Haryana.
9. As noted hereinabove, the parties are living separately since 2020 and it is now evident that the marital relationship between the parties have irretrievably broken. In the said circumstances, no useful purpose would be served by making the parties to contest in HMA No.2843/2022 before the Family Court where the proceedings are pending. Hence, to do justice between the parties, in exercise of the power under Article 142 of the Constitution of India, this Court grants a decree of divorce by mutual consent under Section 13 B of the Hindu Marriage Act, 1955 dissolving the marriage solemnized between the petitioner wife- Saloni and the respondent husband-Ayush Rastogi on 28.1.2014. A decree be drawn up accordingly.
10. Let this order be communicated to the concerned Family Court and also the other Courts concerned, mentioned above, for the purpose of updating their 9 records.
11. The Transfer Petition and I.A. No.134890/2023 stand disposed of, as above.
12. Pending application(s), if any, shall stand disposed of.
..................,J.
(C.T. RAVIKUMAR) ..................,J.
(SUDHANSHU DHULIA) NEW DELHI;
AUGUST 08, 2023.
10
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). 1462/2022
SALONI Petitioner(s)
VERSUS
AYUSH RASTOGI Respondent(s)
(Mediation report received )
Date : 08-08-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Sanchit Garga, AOR Mr. Nikunj Jain, Adv.
Mr. Madhav Anand, Adv.
For Respondent(s) Ms. Sweta Rani, AOR Mr. Anant Agarwal, Adv.
Ms. Ritika Khanna, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition and I.A. No.134890/2023 stand disposed of.
Pending application(s), if any, shall stand disposed of.
(DR. NAVEEN RAWAL) (MATHEW ABRAHAM)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)