Supreme Court - Daily Orders
Disha Agarwal vs Ravi Gupta on 18 January, 2023
Bench: Surya Kant, J.K. Maheshwari
TRANSFER PETITION (CIVIL) NO. 1884 OF 2021
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1884 OF 2021
DISHA AGARWAL ... PETITIONER(S)
Versus
RAVI GUPTA ... RESPONDENT(S)
O R D E R
This transfer petition has been filed by the petitioner-wife seeking transfer of C.P. No. 130/2021 titled ‘Ravi Gupta vs. Disha Agarwal’ filed by the respondent- husband under Section 13(1) (i-a) of the Hindu Marriage Act. The above said petition is pending before the Family Court, Kashipur District-Udham Singh Nagar, Uttrakhand and the petitioner-wife has approached this Court seeking transfer thereof to the Family Court, Shahjahanpur, Uttar Pradesh.
Signature Not Verified Digitally signed by SONIA BHASIN
With a view to explore the possibility of amicable settlement, Date: 2023.01.23 16:06:38 IST Reason: the matter was referred to the Supreme Court Mediation Centre and 1 TRANSFER PETITION (CIVIL) NO. 1884 OF 2021 as per the report dated 14.11.2022 received from the Supreme Court Mediation Centre, the parties have amicably resolved their dispute vide Settlement Agreement dated 14.11.2022, a copy thereof has also been filed.
The petitioner-wife has joined the proceedings through virtual mode whereas the respondent-husband is present in-person in the Court. We have enquired from both of them and both of them have endorsed the genuineness of the Settlement Agreement.
The salient features of the Settlement Agreement are as follows :
“..3. The parties have agreed that they shall jointly request and pray for divorce by mutual consent under Article 142 of the Constitution of India before the Hon'ble Supreme Court of lndia.
4. The Respondent-husband has agreed to pay a settlement amount of Rs. 29,00,000/- (Rupees Twenty-Nine Lakhs Only) plus the balance up to November 2022 of Rs.
72,000/-(seventy two thousand rupees only) which had been ordered to have been paid as interim maintenance at Rs. 4,000/- (Rupees Four Thousand Only) every month to the petitioner/wife, as full and final settlement against Istridhan, past, present and future maintenance and permanent alimony. The Respondent- husband herein 2 TRANSFER PETITION (CIVIL) NO. 1884 OF 2021 undertakes to pay a total sum of Rs. 29,72,000/- (Rupees twenty-nine lakhs and seventy two thousand only) to the Petitioner/wife.
5. The Parties pray for this Hon'ble Court to grant divorce by mutual consent and the respondent/ husband shall pay the entire settlement amount to the petitioner/ wife before the Hon'ble Supreme Court if the Hon'ble Supreme Court is pleased to grant the divorce on request of the parties. The full amount of Rs. 29,72,000/- (Rupees twenty-nine lakhs and seventy two thousand only) shall be given to the Petitioner wife before this Hon’ble Court. The respondent husband agrees to pay Rs. 20,00,000/- (Rupees twenty lakhs) to the petitioner/wife through DD at the time of signing the present settlement deed. The remaining amount of Rs. 9,72,000/- (Rupees Nine Lakhs Seventy Two Thousand) will be paid by the Respondent at the time of filing of this deed before the Supreme Court and grant of divorce under Article 142 by the Court. Therefore, two DDs will be brought by the Respondent. One at the time of signing the present settlement deed for an amount of Rs. 20,00,000 (Rupees Twenty lakhs) and the other at the time of hearing before this Hon’ble Court for an amount of Rs. 9,72,000/- (Rupees Nine lakhs and Seventy Two Thousand) each and the moneys will be paid accordingly….
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7. In view of the terms of this settlement-agreement, the Petitioner-wife undertakes to withdraw Domestic Violence Case No. 578 of 2022 pending before the Civil judge junior division FTC court no.41 Shahjahanpur, Uttar Pradesh, Dowry Case No. 577 of 2022 pending before the Civil judge junior division FTC court no. 41 Shahjahanpur, Uttar Pradesh, and maintenance case no. 73 of 2022 u/s 125 CrPC pending before the Principal Family Court, Shahjahanpur, Uttar Pradesh Pradesh after recording of the statement of the parties in First Motion and on or before filing of Second Motion….
8. In view of the terms of this settlement-agreement, the Respondent-husband undertakes to withdraw Divorce Petition No. 130 of 2021 pending before the family court Kashipur district Udham Singh Nagar, Uttarakhand and case no. 47356 of 2018 u/s 482 pending before Allahabad High Court, Uttar Pradesh after recording of statement of the parties in First Motion and on or before filing of Second Motion.
9. In view of the terms of this settlement-agreement, both the parties herein undertake to withdraw all the pending cases, if any, against each other before any court of law or any other forum and would take all necessary steps for the same…..” 4 TRANSFER PETITION (CIVIL) NO. 1884 OF 2021 In deference to the settlement, the respondent-husband has already paid a sum of Rs. 20,00,000/- (Rupees Twenty Lakh) to the petitioner-wife before the Mediation Centre and the demand draft of the balance amount of Rs. 9,72,000/- (Rupees Nine Lakh and Seventy Two Thousand) has been handed over today in the Court to learned counsel for the petitioner-wife. In view of the fact that the parties have at their own and with free will decided to part ways by getting their marriage dissolved through mutual consent, we are satisfied that its a fit case to invoke our powers under Article 142 of the Constitution of India. Since the parties are living separately since February 2016, all the ingredients of Section 13B of the Hindu Marriage Act also stand satisfied.
Consequently in exercise of our powers under Article 142 of the Constitution of India, the marriage between the parties is hereby dissolved and a decree of divorce is granted to them by mutual consent. Ordered accordingly. As agreed to between the parties, the cases filed by them against each other shall stand withdrawn. In view of this :-
(i) Domestic Violence Case No. 578/2022 pending before the Civil Judge,Junior Division/Judicial 5 TRANSFER PETITION (CIVIL) NO. 1884 OF 2021 Magistrate, Fast Track Court, Court No. 41, Shahjahanpur, Uttar Pradesh is hereby quashed.
(ii) Dowry Case No. 577/2022 pending before the Civil Judge,Junior Division/Judicial Magistrate Fast Track Court, Court No. 41, Shahjahanpur, Uttar Pradesh is hereby quashed.
(iii) Maintenance Case No. 73/2022 filed under Section 125 CrPC pending before the Family Court, Shahjahanpur, Uttar Pradesh shall deemed to have been withdrawn.
(iv) Case No. 47356 of 2018 which is a petition under Section 482 CrPC filed by the respondent-husband before the High Court of Judicature at Allahabad challenging the order of maintenance to have become infructuous.
(v) Case No. 24974/2019 which is also a petition under Section 482 CrPC filed the respondent- husband and is pending before the High Court of Judicature at Allahabad for quashing of the complaint case no. 901/2017 under Section 498A, 406, 323, 504, 506 and Sections 3/4 of the Dowry Prohibition Act registered at Police Station, Kotwali and which is pending before the Additional Judicial Magistrate-III, Shahjahanpur, Uttar Pradesh, is also declared to have become 6 TRANSFER PETITION (CIVIL) NO. 1884 OF 2021 infructuous as the above mentioned criminal case/FIR stands quashed.
The parties shall abide by the terms and conditions of the settlement agreement.
The transfer petition is disposed of in above terms. Pending application(s), if any, shall stand disposed of.
.................J. (SURYA KANT) .................J. (J.K. MAHESHWARI) NEW DELHI;
JANUARY 18, 2023.
sb 7 TRANSFER PETITION (CIVIL) NO. 1884 OF 2021 ITEM NO.3 COURT NO.9 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). 1884/2021 DISHA AGARWAL Petitioner(s) VERSUS RAVI GUPTA Respondent(s) (Mediation report alongwith settlement received. IA No. 137157/2021 - EX-PARTE AD-INTERIM RELIEF IA No. 137187/2021 - EXEMPTION FROM FILING O.T.) Date : 18-01-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Balaji Srinivasan, AOR For Respondent(s) Ms. Nandani Gupta, Adv.
Mr. K. Kumar, Adv.
Dr. (Mrs. ) Vipin Gupta, AOR 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.
Pending application(s), if any, shall stand disposed of.
(SONIA BHASIN) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)
[Signed Order is placed on the file]
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