Supreme Court - Daily Orders
Snehanjana Roy vs Ritobroto Roy on 21 February, 2022
Bench: D.Y. Chandrachud, Surya Kant
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No 813 of 2021
Snehanjana Roy ... Petitioner(s)
Versus
Ritobroto Roy ... Respondent(s)
ORDER
1 A Settlement Agreement has been arrived at between the petitioner and the respondent on 10 November 2021 before the Supreme Court Mediation Centre.
The Agreement is extracted below:
“SETTLEMENT AGREEMENT This Settlement Agreement is entered into between:-
Smt. Snehanjana Roy W/o Sh. Ritobroto Roy D/o Sh. Snehansu Roy Rio B/9, 14/1/lK, Asgar Mistri Lane, Kolkata-700046 and Sh. Ritobroto Roy S/o Sh. N.R. Roy Rio Flat No.1003, Tower No. A3, Olive County, Vasundhara Sector-. 5, Ghaziabad, Utter Pradesh got married according to Hindu rites at Lotus Divine Banquet Hall, Vishwakarma, 86/2C/9, South Topsia Road, Gobinda Khatick Road, Kolkata, West Bengal, on 03.03.2018. Out of their wedlock no child has been born.
That on account of irreconcilable dispute between the aforesaid parties, they had been living separately since Signature Not Verified 08.09.2018 and on account thereto parties were led to Digitally signed by initiation of following litigations:
Sanjay Kumar Date: 2022.02.22 17:01:37 IST Reason:
(i) Husband initiated petition for restitution of conjugal right on 21.05.2019 u/s 9 of the Hindu Marriage Act, 1955 vide HMA No.1038 of 2019 titled as Ritobroto Roy Vs. Smt. Snehanjana Roy in 2 the court of Additional Family Court No.2, Ghaziabad, Uttar Pradesh.
(ii) The petitioner-wife filed Transfer Petition (C) No. 813/2021 before the Hon'ble Supreme Court of India for transfer of petition u/s 9 of HMA Act on 21.05.2019 to the court of Additional District Judge, Sealdah Court, District South 24 Parganas, West Bengal wherein the Hon'ble Supreme Court vide order dated 17.09.2021 passed in the Transfer Petition (C) No.813 of2021, refer the parties to the Supreme Court Mediation Centre for exploring the possibilities of amicable settlement of all disputes amongst the parties.
(iii) Wife also lodged FIR No.116/2021 on 23.09.2021 u/s 498A/406/34 IPC & 3/4 D.P. Act, P.S. Topsia, Kolkata (West Bengal).
That Comprehensive mediation sessions were held between the parties separately and jointly along with their respective counsels on 24.09.2021, 06.10.2021, 12.10.2021, 18.10.2021, 09.11.2021 & 10.11.2021 through Video Conferencing/Physical mode arranged by the Supreme Court Mediation Centre wherein parties have voluntarily, on their own free will, volition and without any force or coercion have amicably resolved to settle all their disputes and differences, in the presence of the undersigned Mediator on the following terms and conditions:
1. That both the parties have decided not to live together as husband and wife and agreed to part with each other and joint pray to dissolve their relationship/marriage. They agreed to make a joint prayer to the Hon'ble Supreme Court of India to dispose of the Transfer Petition (C) No. 813 of 2021 and grant decree of divorce by mutual consent and for quashing of above FIR No.116/2021 on 23.09.2021 u/s 498A/406/34 IPC & 3/4 D.P. Act, P.S. Topsia, Kolkata (West Bengal) by exercising inherent powers under Article 142 of the Constitution of lndia in the interest of both parties who are living at for place, for which parties shall move joint application.
2. That the respondent-husband has agreed and undertook to return admitted istridhan list (list attached) to the wife and shall further pay as full and final settlement, an amount of Rs 25,00,000/-
(Rupees Twenty Five Lakhs) Only to the petitioner (wife) towards all her claim (past, present and future) for maintenance, istridhan, residence etc. by way of D.D/Cheque within a period of one week 3 from the grant of decree of divorce to the parties (the above amount of Rs.25,00,000/ shall be paid by way of following details:-
Demand Draft in the name of Snehanjana Ray, ICICI Bank, Account No 055801627433, IFSC Code:
ICIC0000558).
3. That both the parties have further agreed and resolved not to initiate any further civil/criminal or other proceedings before any court/forum or authority after the execution of this settlement agreement against each other and/or their family members.
4. That both the parties have agreed and undertake that in case the Hon'ble Supreme Court of India is not inclined to invoke Article 142 of the Constitution of India for grant of decree of mutual consent divorce and for quashing of above FIR., both the parties will take steps in the following manner to give effect to the present settlement.
(i) That the respondent (husband) shall withdraw the Petition under Section 9 of HMA, 1955 from the Court of Additional Family Court No.2, Ghaziabad, Uttar Pradesh being HMA No 1038 of 2019. Parties shall within two weeks of the order of the Hon'ble Supreme Court disposing of the above said transfer petition, will move joint application before the Ld. Trial Court, the Family Court, Ghaziabad, Uttar Pradesh, under section 13 B of the Hindu Marriage Act, 1955 for grant of divorce by mutual consent.
(ii) That in view of the marriage having irretrievably broken down, both the parties would request the Hon'ble Supreme Court to grant them permission to move both the motions simultaneously for mutual consent divorce under section 13 B of the Hindu Marriage Act 1955, without any gap between the first and the second motion, directing the Id. Family Court at Ghaziabad, Uttar Pradesh, to dispose of the same at the earliest.
5. That the respondent (husband) has agreed, to pay the settled amount of Rs.25,00,000/- (Rs Twenty Five Lakhs) in the following manner;
i) First installment of Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand Only) shall be paid by the husband respondent at the time of moving first motion for mutual consent divorce under section 13B HMA and shall return all the istridhan goods as 4 per admitted list annexed as annexure A to this settlement.
ii) Second installment of Rs.10,00,000/- (Rupees Ten lakhs) only shall be paid to the petitioner (wife) by the respondent/ husband at the time of joint statement and grant of decree of Divorce Petition under Section 13-B of HMA, 1955. If petitioner is able to get the closure report of the aforesaid FIR, then the amount Rs.10,00,000/- shall increase to Rs.17,50,000/ (Rupees Seventeen Lakh Fifty Thousand) which will be paid by the husband/respondent to the petitioner wife thus amount of Rs 25,00,000/- shall be completed to be paid to the petitioner/wife. If petitioner wife is unable to get the closure report till that time then she will get the aforesaid FIR quashed at her own legal and incidental expenses from the competent court and at the time of quashing of aforesaid FIR, the husband respondent shall pay Rs.7,50,000/- before the High Court.
6. That both the parties undertake that henceforth, they shall not interfere in the life of each other by any manner whatsoever and further undertake that henceforth they shall not initiate any proceedings, civil and/or criminal or case against each other and/or against the family members, relatives of either party and the parties undertake to abide by the terms of the present settlement.
7. That in terms of the present Settlement Agreement, the parties have settled all their claims in respect of all the properties movable or immovable, and neither of the parties shall have any claim, right, title or interest over any property movable or immovable, of any nature against each other, whether self-acquired, ancestral or otherwise and relinquish all their claims, rights, title or interest, if any, against each other and they shall have no other or further claim or demand against each other.
8. That both the parties shall extend full cooperation to each other in execution of all the terms and conditions of this settlement agreement and shall maintain peace and harmony between them.
9. That the parties shall also make a joint prayer that the present settlement agreement be made a part of the order passed by this Hon'ble Court.
10. That both the parties are fully committed to honour each and every term and condition of this 5 agreement and any breach of any obligation herein contained or violation of any terms of settlement herein contained by any party hereto, shall be liable for action by this Hon'ble Court against the party at fault and the party aggrieved shall have the right to remedy the breach by approaching this Hon'ble Court for enforcing the terms of this settlement.
11. That the parties have agreed to undertake before this Hon’ble Court that they shall abide by all the terms and conditions set out in the present settlement agreement, which have been/arrived at without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth and in case any party fails to abide by the terms and conditions mentioned hereinabove, other party may initiate contempt proceedings before this Hon'ble Court.
12. That the parties have read and understood each and every terms and conditions of the present settlement agreement and have agreed, accepted, consented and shall abide by the same. The parties have accordingly signing this settlement agreement.” 2 Accordingly, and with the consent of the parties and their counsel, the following order is passed:
(i) In exercise of the jurisdiction conferred upon this Court by Article 142 of the Constitution, there shall be a decree of divorce by mutual consent;
(ii) FIR No 116 of 2021, registered under Sections 498A, 406 and 34 of the Indian Penal Code 1860 and Sections 3 and 4 of the Dowry Prohibition Act 1961 at PS Topsia, Kolkata, shall stand quashed; and
(iii) The respondent undertakes to pay the amount due and payable to the petitioner in terms of the Settlement Agreement and to return the stridhan and other articles, as agreed.
3 The Transfer Petition shall stand disposed of in the above terms.
64 Pending application, if any, stands disposed of.
…..…..…....…........……………….…........J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [Surya Kant] New Delhi;
February 21, 2022
-S-
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ITEM NO.37 Court 4 (Video Conferencing) 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).813/2021
SNEHANJANA ROY Petitioner(s)
VERSUS
RITOBROTO ROY Respondent(s)
(WITH IA No. 154231/2021 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A.) Date : 21-02-2022 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Gaurav Jha, Adv.
Mr. F K Jha, Adv.
Mr. Shashank Singh, Adv.
Mr. Jawaharlal, Adv.
Mr. Binay Kumar Das, AOR For Respondent(s) Mr. Aseem Mehrotra, Adv.
Ms. Sangeeta Mehrotra, Adv.
Mr. Rajeev Singh, AOR UPON hearing the counsel the Court made the following O R D E R 1 The Transfer Petition is disposed of in terms of the signed order.
2 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER (Signed order is placed on the file)