Supreme Court - Daily Orders
Rashi Khetan vs Vinay Gupta on 6 December, 2024
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No(s).1554/2024
RASHI KHETAN Petitioner(s)
VERSUS
VINAY GUPTA Respondent(s)
O R D E R
1. The petitioner-wife has filed the transfer petition, under
Section 25 of the Code of Civil Procedure, 1908, before this
Court seeking transfer of the Matrimonial Suit No. 601/2024
titled as ‘Vinay Gupta V. Rashi Khetan' pending before the
Court of the 14th Addl. District Judge, Alipore, Civil
Courts, West Bengal to the Court of the Principal Judge,
Family Court, Bandra, Mumbai, Maharashtra.
2. During the pendency of this Transfer Petition, the parties
were referred to the Supreme Court Mediation Centre vide order
dated 03.10.2024. By virtue of the mediation, the parties have
arrived at a settlement and they have decided to part ways on
certain terms and conditions which are delineated in the
settlement agreement dated 18.11.2024 which has been signed by
both the parties and by the Mediator, copy of which has been
Signature Not Verified
Digitally signed by
filed by the Supreme Court Mediation Centre.
INDU MARWAH
Date: 2024.12.10
17:34:39 IST
Reason:
3. Learned counsel for the respective parties submitted that a
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joint application under Article 142 of the Constitution has been
filed seeking dissolution of the marriage between the parties by
a decree of divorce by mutual consent.
4. As per the joint application/settlement agreement
certain cases are to be withdrawn/quashed, details of which
are as under:
A. Petitioner-wife has filed a complaint (FIR No. 88/2023)
against respondent-husband and others in Sakinaka Police
Station (Mumbai), which led to filing of chargesheet by the
Mumbai Police finding commission of offence under Section 498
A, 406, 323, 506, 504 and 34 of the Indian Penal Code, 1860 by
Second Party and other accused person therein;
B. A case bearing CC No. 3806/PW/23 titled “State vs Vinay
Lalitkumar Gupta” was registered before the Ld. Judicial
Magistrate (First Class), Andheri Court,Mumbai, Maharashtra in
relation to prosecution of Second Party under Section 498 A,
406, 323, 506, 504 and 34 of the Indian Penal Code, 1860 or
applicable provisions of the Bharatiya Nyaya Sanhita, 2023;
C. Petitioner-wife also filed an application titled “Rashi Pawan
Khetan v/s Vinay Gupta & Ors.” being DV/233/2023 under Section
12, 18, 19, 20, 22 and 23 of the Protection of Women from
Domestic Violence Act, 2005 against the respondent-husband and
other persons before the Judicial Magistrate (First Class),
Andheri Court, Mumbai, Maharashtra ;
D. Petitioner-wife also filed petition seeking dissolution of
marriage owing to acts of the respondent-husband, seeking
divorce under Section 13 (1) (i) and 13 (1) (ia) of Hindu
Marriage Act, 1955 being A/1631/2024 titled “Rashi Khetan v.
Vinay Gupta” pending adjudication before Ld. Principal Judge,
Bandra Family Court, Mumbai, Maharashtra;
E. The respondent-husband has also filed a Matrimonial Suit
bearing the serial No. 601/2024 for Divorce under Section 13(1)
(ia) of Hindu Marriage Act, 1995 before the Court of 14 th Addl.
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District Judge, Alipore District Court, South 24 Parganas, West
Bengal titled “Vinay Gupta v. Rashi Khetan”;
5. Further, as per the joint application, the terms and
conditions as set out in Settlement Agreement dated 18.11.2024 for
dissolution of marriage by mutual consent are relevant and
therefore reproduced as under:
“1. The Parties agree that the total settlement amount of
Rs. 87,00,000 (Rupees Eighty-Seven Lakhs Only) will be paid
by the Second Party to the First Party in two tranches:
a. First Tranche of Rs. 45,00,000 (Rupees Forty Five
Lakhs Only) at the time of execution of this MOU.
b. Second Tranche of Rs. 42,00,000 (Rupees Forty Two
Lakhs Only) shall be paid by way of Demand Draft in
the court at the time when the Hon’ble Supreme Court
passes an order granting decree of divorce to the
Parties, and quashing/ disposing off all pending
cases / proceedings amongst the Parties.
2. Each Party undertakes to take all such steps including
but not limited to filing of application, making such
statements, and depositions as may be deemed appropriate
before all such courts to implement this MOU in letter and
spirit.
3. Upon fulfillment of all the terms contained herein, the
Parties will be left with no claim against each other or
their family members or in the self- acquired or ancestral
property of the respective Parties, in any manner
whatsoever.
4. Subject to fulfillment of the conditions of this MOU, the
Parties agree and undertake not to stake any claim on
gifts, ornaments which were given to them by each other,
their respective family members, relations and/ or friends
at the time of marriage.
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5. Subject to fulfillment of the conditions of this MOU, the
First Party confirms she has no claim on any gifts, articles
or streedhan etc., exchanged during the subsistence of
marriage between the Parties which includes items provided by
her parents, the Second Party and any other relatives, and
that there are no outstanding claims or disputes regarding
Streedhan or any other gifts, articles.
6. The Parties agree that after signing of the present MOU, they
shall file a joint application before the Hon’ble Supreme
Court seeking appropriate directions to grant the Parties
divorce and also quash / dispose off all proceedings pending
before the Courts in India, in terms of this settlement, by
mutual consent and the Parties shall take all steps necessary
to facilitate the said divorce and disposal of proceedings so
initiated by the Parties in terms of this settlement. If
deemed appropriate, the Parties undertake to file the
necessary joint petition before the competent Court in future
and shall appear before the court to make their statements
before the Hon’ble Court. The Parties agree that any petition
for seeking mutual divorce shall be filed before competent
courts in Mumbai, Maharashtra.
7. In the event, the Hon’ble Supreme Court refuses to entertain
the plea of the Parties for grant of divorce and quashing /
disposing off all cases/proceedings between both parties in
exercise of power under Article 142 of the Constitution of
India, 1950, the Second Party shall be entitled to retain the
Demand Draft for the sum of Rs. 42,00,000 (Rupees Forty Two
Lakhs Only), which shall be paid in the following manner in 3
instalments as under:-
a. The Second Party shall pay first instalment an amount
of Rs. 15,00,000/- (Fifteen Lakhs only) in favour of
the First Party by way of Demand Draft/RTGS/ Online
Payment at the time of First Motion.
b. The Second Party shall pay second instalment an amount
of Rs. 15,00,000/- (Fifteen Lakhs only) in favour of
the First Party by way of Demand Draft/RTGS/ Online
Payment at the time of Second Motion.
c. The Second Party shall pay third and final instalment
an amount of Rs. 12,00,000/- (Twelve Lakhs only) in
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favour of the First Party by way of Demand Draft/RTGS/
Online Payment at the time or date when the First
Party shares the status report confirming withdrawal
of all the Cases filed by her as stated in the
recitals to MOU.
8. That the Parties hereby mutually agree that this MOU is
irrevocable and unquestionable and undertake that this MOU
would inter alia be legal, valid, binding and enforceable
and executable in all manners and none of the Parties shall
be at liberty to take the advantage of any technical
language or lacuna if any if the same are not explained
hereinabove.
9. The payments in accordance with Clause 1(a) of this MOU shall
be made by wire transfer / Demand Draft in the account of Ms.
Rashi Khetan maintained with HDFC Bank, Lake Town Branch
Kolkata, bearing Account No. 50100121591815 and IFSC No.
HDFC0000349.
10. That subject to execution of this MOU, Parties to this MOU
undertake and solemnly affirm that they shall never withdraw
their consent for getting the aforesaid marriage dissolved
under any circumstance whatsoever."
11. That subject to execution of this MOU, Parties to this MOU
undertake that both the Parties shall be present before
Competent Court in person, and make such necessary
statements, affirmations, applications, and petitions to
dissolve their marriage and withdraw all cases,
applications, claims, and petitions filed by both Parties.
If the First Party does not cooperate in the withdrawal of
cases, she shall repay the settlement amount to the Second
Party.
12. The Parties agree that the Legal costs in respect of
dissolution of marriage by mutual consent shall be borne by
both the Parties independently.
13. Subject to fulfilment of all the terms and conditions of the
present MOU, both the Parties do hereby agree and undertake
not to make/ claim/ file/ pursue/ continue, directly or
indirectly, with any complaints/ allegations of any kind/
any cases/ petitions/ appeals in past, present and future
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against each other and/ or their family members and/ or
their relatives in any forum/ court/ authority within the
jurisdiction in India. Both the parties agree and undertake
that except cases stated in recitals to this MOU, any other
case, complaint or application is found pending, in any
court of India, before any authority/department or police,
which are not in their knowledge respectively, they will
withdraw the same.
14. Both Parties shall ensure that their relatives, friends, and
associates shall not post, publish, or otherwise disseminate
any defamatory, disparaging, or otherwise negative comments
or statements regarding each other, whether related to past
incidents, current matters, or future events. Additionally,
both Parties commit to ensuring that no defamatory or
disparaging comments or statements are made to any
relatives, friends, colleagues, or acquaintances of the
other Party.
15. The contents of the present MOU have been read and
understood by the Parties and upon understanding the
contents, the Parties have agreed to the same. Both the
Parties have signed/executed this MOU by their mutual
irrevocable voluntary consent without any force, coercion,
misrepresentation, undue influence, pressure from any
corner, and will not retract such consent at any stage. Both
the Parties undertake that they are legally bound by this
MOU/settlement agreement forever and they shall abide by
each and every term and condition set out in this MOU and
not to dispute the same.
16. By signing this MOU, the Parties hereto solemnly state and
affirm that they have no 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 Mediation.
17. The present MOU is being signed in original, each copy of
the MOU shall constitute one and the same document, and may
be retained by the Parties. The MOU shall also be filed in
Competent Court as and when required. "
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6. We have taken the Joint Application and Settlement
Agreement dated 18.11.2024 on record. Having considered the
matter in detail and having perused the Settlement Agreement
& Joint Application which is also supported by the
affidavits of Ms. Rashi Khetan (petitioner-wife) and Mr.
Vinay Gupta (respondent–husband), we are of the view that
this is a fit case for this Court to exercise its power
under Article 142 of the Constitution of India to dissolve
the marriage between the parties. Consequently, the marriage
between the parties which was solemnized on 21.06.2022 at
Kolkata stands dissolved by a decree of divorce by mutual
consent.
7. The terms of settlement as indicated in para 1 to 17 of the
settlement agreement are made part of the record.
8. It is further directed that the parties shall abide by the
terms of this settlement implicitly.
9. In view of the above, Transfer Petition and Joint
Application being I.A. No. 274342 of 2024 are disposed of. The
Registry will draw a decree in the aforesaid terms.
10. Pending applications(s), if any, are disposed of.
…………………………………………………………………………J.
[PAMIDIGHANTAM SRI NARASIMHA]
…………………………………………………………………………J.
[MANOJ MISRA]
NEW DELHI;
December 06, 2024
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ITEM NO.1 COURT NO.13 SECTION XVI
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). 1554/2024
RASHI KHETAN Petitioner(s)
VERSUS
VINAY GUPTA Respondent(s)
([MEDIATION REPORT RECEIVED.]
IA No. 274342/2024 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W
SEC 13B OF H.M.A.; IA No. 130547/2024 - EX-PARTE STAY)
Date : 06-12-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Mr. Bharat Sood, Adv.
Mr. Prashant Jain, Adv.
Mr. Varun Garg, Adv.
Mr. Shubham Paliwal, Adv.
Mr. P. S. Sudheer, AOR
Mr. Rishi Maheshwari, Adv.
Ms. Anne Mathew, Adv.
Ms. Sunaina Phul, Adv.
Mr. Harit Sv, Adv.
Ms. Komal Bhiyani, Adv.
Mr. Jai Govind M J, Adv.
For Respondent(s) Mr. Ranbir Singh Kundu, Adv.
Mr. Rajtilak Guha Roy, Adv.
Mrs. Kirti Aggarwal, Adv.
Mr. Babangir Uttamgir Gosawi, Adv.
Mr. R. Sreeramulu, Adv.
Mr. Vikash Kumar Goswami, Adv.
Mr. Vishwa Pal Singh, AOR
Dr. Barnit Sharma, Adv.
UPON hearing the counsel the Court made the following
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O R D E R
1. Transfer Petition and Joint Application being I.A. No. 274342 of 2024 are disposed of in terms of the signed order.
2. Pending application(s), if any, shall stand disposed of.
(INDU MARWAH) (NIDHI WASON)
AR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)