Supreme Court - Daily Orders
Praggya Walke vs Ram Chandra Rao Walke @ Sidharth on 24 February, 2025
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2025
(Arising out of SLP(C)No.9708/2024)
PRAGGYA WALKE APPELLANT(S)
VERSUS
RAM CHANDRA RAO WALKE @ SIDHARTH RESPONDENT(S)
O R D E R
Leave granted.
2. Heard learned senior counsel/counsel appearing for the parties.
3. The brief facts of the case are as follows. Marriage between the appellant-wife and respondent-husband was solemnized on 05.03.1999. A son was born from the wedlock on 07.11.2003. The parties have been living separately since December 2018. On 14.12.2018, appellant-wife filed a complaint in the Crime Against Women (‘CAW’) cell, Dwarka against the respondent-husband and his family members. Thereafter, she also filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’), and an application Signature Not Verified for interim maintenance under Section 125 of the Code of Digitally signed by Nirmala Negi Date: 2025.02.28 16:57:40 IST Reason: Criminal Procedure Code, 1973 (‘CrPC’). On 03.02.2020, respondent-husband filed a divorce petition before Family Court, South West District, Dwarka, New Delhi on grounds of 2 cruelty.
4. The present appeal is filed by the appellant-wife against the High Court order dated 05.10.2023 by which the order dated 24.02.2022 of Family Court, South West District, Dwarka, New Delhi was upheld, whereby the marriage between the parties was dissolved on a divorce petition filed by the respondent-husband in the said Family Court on the grounds of cruelty. At the time of admission of this case, we though found it not to be a case calling for our interference, however, a limited notice was issued on 03.05.2024 looking at a financial settlement between the parties. Efforts were made for settlement between the parties and as such, pursuant to that, a settlement dated 21.11.2024 has been arrived at, which is annexed to IA No.14705/2025 as Annexure A-2. A copy of the said settlement is hereby made part of the record and the relevant terms of the said settlement read as under:-
“XXXXXX
5. NOW WHEREAS both the parties (Wife and the husband) and third party (son) voluntarily, on their own free will and volition and without any force or undue influence or coercion have amicably resolved to settle all their disputes and differences, with the complete knowledge and consent of the Confirming Parties No.1 & 2, in the presence of their respective counsels and relatives on the following terms and conditions:-
(i) The purpose of this agreement is to make a final and complete settlement of all rights and obligations between the parties, including the confirming parties and the third party, including 3 all property rights and, if applicable, all rights and obligations concerning spousal/child support and parental support.
(ii) That both the First Party and the Second Party hereto confirm and declare that upon fulfilment of terms and conditions of this agreement, they have, voluntarily and of their own free will and volition have decided to accept the decree of divorce and as such have acknowledged the fact of dissolution of marriage amongst the husband (First Party) and wife (Second Party) by a decree of divorce upon fulfilment of terms of this agreement.
(iii) That the First Party agrees and acknowledges that a sum of Rs.23,32,000 (Rs.23.32/- Lakh) remains due, outstanding and pending towards the Maintenance (inclusive of the arrears of Education fees plus incidental expenses of Shri Vishesh Rao Walke’s education at Victoria University in New Zealand and arrears of maintenance) in terms of the order dated 05.07.2021 of the Hon’ble Family Court read with Order dated 02.06.2022 & 20.09.2022 of the Hon’ble Delhi High Court. That both the First Party and the Second Party as well as the third party & the Confirming Parties hereby mutually agree and confirm that as a measure of full and final settlement of all the disputes and differences, obligations, responsibilities, claims, demands, etc., the first core condition out of the two core conditions for full and final compromise and settlement, shall be that the First Party shall pay and the Second Party alongwith the Third Party shall receive a one time consolidated total amount of Rs.30,00,000/- (Rupees Thirty Lakhs Only) (inclusive of the arrears of Education fees plus incidental expenses and future expenses of Shri Vishesh Rao Walke’s education at Victoria University in New Zealand and any other and/or further studies and arrears of maintenance amounting to Rs.23.32 Lakhs) and the second core condition out of the two core conditions for full and final compromise and settlement, shall be the transfer of the Vikaspuri Flat i.e. 208-C,DG-2, Vikaspuri, New Delhi-110018 in favour of the Second Party alongwith the Third Party(in equal ratios) by the Confirming Party No.1 Smt. Laxmi Bai Walke by virtue of absolute and irrevocable Gift Deed, with the consent of the First Party and the other 4 Confirming Party, towards full and final settlement of all past, present and future disputes for all purposes and intent; demands; claims’ entitlements;
maintenance claims’ alimony; istridhan’ succession claims, share, entitlements, settlements and/or any other rights of the second and third party, and for all future, demands, needs, expenses, etc. including the cost of further educations, training, etc. of the Third Party and also towards all demands, claims, entitlements, istridhan, maintenance, etc. of the Second Party, collectively to the Second and Third Party. That the First Party and the Second Party and Third Party and the Confirming Parties hereby agree that henceforth the Vikaspuri Flat i.e. 208-C,DG-2, Vikaspuri, New Delhi-110018 shall be absolutely, exclusively owned by the Second Party i.e. Smt. Praggya Walke (with 50% undivided share) and third party Shri Vishesh Rao Walke (with 50% undivided share), besides being possessed by the Second Party and the third party Shri Vishesh Rao Walke and that the First Party and the two Confirming Parties shall not be left with any right, title or interest of any nature, in the said Property.
(iv) That both the First Party and the Second Party as well as the confirming Parties agree and acknowledge that the Second Party alongwith Third Party i.e. Shri Vishesh Rao Walke have been residing in and are in occupation and possession of the Vikaspuri Flat i.e. 208-C, DG-2, Vikaspuri, New Delhi-110018, since the marriage of the First Party with the Second Party and since the birth of the third party Shri Vishesh Rao Walke on 07.11.2003. That since the origin & commencement of the disputes and differences between the First Party and the Second Party, the First Party is separately residing. That the First Party, the Second Party, Third Party and the Confirming Parties hereby agree that one of the two core conditions, as stated hereinabove, towards full and final settlement of all past, present and future disputes for all purposes and intent; demands; claims’ entitlements; maintenance claims’ alimony; istridhan’ succession claims, share, entitlements, settlements and/or any other rights of the second and third party, shall be that the Vikaspuri Flat i.e. 208-C,DG-2, Vikaspuri, New Delhi-110018, will henceforth be absolutely, 5 exclusively owned by the Second Party i.e. Smt. Praggya Walke (with 50% undivided share) and third party Shri Vishesh Rao Walke (with 50% undivided share), besides being possessed by the Second Party and the third party Shri Vishesh Rao Walke. That the First Party, the Second Party, the Third Party and the confirming Parties hereby agree that as a measure of full and final settlement of all pending disputes and to bring about harmony amongst the parties, the Confirming Party No.1 i.e. Smt. Laxmi Bai Walke shall transfer the Vikaspuri Flat i.e. 208-C, DG-2, Vikaspuri, New Delhi-110018 via execution of a requisite registered transfer deed preferably a registered irrevocable Gift Deed, in favour of the Second Party i.e. Smt. Praggya Walke (with 50% undivided share) and the third party Shri Vishesh Rao Walke (with 50% undivided share), for which the stamp duty will be paid by the Second Party & third party as per the Applicable statutory rates and the Confirming Party No.1 shall ensure complete paymentof the property tax dues on the property. That the First Party and Confirming Party No.2 shall have no objections to the proposed Gift Deed to be executed by the Confirming Party No.1 in favour of the Second Party and the third party i.e. Shri Vishesh Rao Walke and will sign the same as witnesses and shall not challenge the same at any point of time. That the said absolute transfer of the Vikaspuri Flat from the Confirming Party No.1 to the Second Party and third Party Shri Vishesh Rao Walke, will take place after the filing of the application for recording of compromise and withdrawal of the SLP, accompanied with appropriate affidavits of the First Party, Second Party, Third Party (through his attorney) and the Confirming Parties post the execution of the present Settlement & Compromise Agreement, before the Hon’ble Supreme Court of India, but the said transfer documents shall be executed before the disposal of the said SLP.
(v) That the First Party shall pay by way of Demand Draft/RTGS/IMPS through his Bank account to Second Party’s Bank’s Account an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) i.e 50% of the one time consolidated settlement amount, on the day of signing & execution of the withdrawal application as well as its filing in the MT. Case 756 of 2018 6 before the Learned Principal Judge Family Court, Dwarka District Courts titled as “Smt. Praggya Walke & Anr vs Shri Ram Chandra Rao Walke @Sidharth & Ors” but such payment shall be made prior to the appearance and statement of withdrawal made by the Second Party before the Hon’ble Presiding Officer for withdrawal, wherein the Second Party will confirm about the receipt of above stated 50% One time consolidated settlement amount in terms of the present Settlement & compromise Agreement. Furthermore, the First Party shall pay by way of Demand Draft/RTGS/IMPS through his Bank account to Second Party’s Bank’s Account the balance remaining amount of Rs.15,00,000/-(Rupees Fifteen Lakhs only) i.e balance 50% of the one time consolidated settlement amount, on the day of signing & execution of the withdrawal application as well as its filing in the Domestic Violence Case bearing MC Case No.475/2018 before the Ld.MM Kritika Jain, Dwarka District Courts titled as “Smt. Praggya Walke vs Shri Ram Chandra Rao Walke @Sidharth & Ors”, but such payment shall be made prior to the appearance and statement of withdrawal made by the Second Party before the Hon’ble Presiding Officer for withdrawal, wherein the Second Party will confirm about the receipt of abovestated Balance 50% One time consolidated settlement amount in terms of the present Settlement & compromise Agreement. That the said withdrawal applications in the abovestated two cases of Maintenance and Domestic violence shall remain subject to the fulfilment of the condition of final transfer of the Vikaspuri flat to the Second Party(50% undivided share) and the Third Party(50% undivided share) by the Confirming Party No.1 with the consent and approval of the First Party. That in the case the said condition of final transfer of the Vikaspuri flat to the Second Party(50% undivided share) and the Third Party(50% undivided share) is not fulfilled by the Confirming Party No.1 and the First Party and the Confirming Party no.2, then the Second Party shall be at liberty to revive the abovestated maintenance and Domestic Violence cases, without prejudice to the Second Party’s rights.
(vi) That the Parties shall file and submit an application duly accompanied by their respective affidavits and the present Compromise and Settlement Agreement, before the Hon’ble Supreme Court of 7 India, for recording of compromise and withdrawal of the aforesaid SLP in terms of this Compromise and Settlement Agreement, and the transfer of the Vikaspuri house shall be effected during the pendency of the aforesaid SLP, wherein all the parties will record their respective statements & submissions regarding the full and final compromise and settlement arrived at amongst themselves and the fulfilment of all the terms and conditions as stated therein. That Upon the recording of the said compromise before the Hon’ble Supreme Court of India and upon the receipt of aforesaid amount and upon the transfer of the Vikaspuri flat as hereinbefore stated, the First Party and Confirming Parties shall be exonerated of all their responsibilities, obligations, responsibilities, liabilities, etc. (Including past, present and future) towards the Second and Third Party for all purposes and intents. The third Party shall also not be left with any kind of past, present and/or future demand, interest, claim, succession rights, entitlements, etc. against the First Party and Confirming Parties for all purposes and intent. And Also the First Party and the Confirming Parties No.1 & 2 shall also not be not be left with any kind of past, present and/or future demand, interest, claim, succession rights, entitlements, etc. against the Second Party and the Third Party for all purposes and intent.
(vii) That thus to reiterate, the First Party (husband) has agreed to give the full and final settlement amount of Rs. 30,00,000/- (Rupees Thirty Lakhs Only) and the Vikaspuri Flat i.e. 208-C,DG-2, Vikaspuri, New Delhi-110018 via execution of a requisite registered transfer deed preferably a registered Gift Deed, by the Confirming Party No.1 in favour of the Second Party i.e. Smt. Praggya Walke (with 50% undivided share) and third Party Shri Vishesh Rao Walke (with 50% undivided share) to the Second Party (wife), towards all the claims (past, present and future) for maintenance, stridhan, alimony, residence etc. of the Second Party and for the financial security, education, and other needs/expenses of the Second Party and third party Shri Vishesh Rao Walke. After availing the benefits in accordance with this Agreement, the Third Party shall be liable to take his liability/responsibility on his own and first party 8 and confirming parties shall be discharged from all liabilities, obligations, etc. towards the third party. And the third party also provides his acceptance and acknowledgment to the said understanding. And also the First Party and the Confirming Parties No.1 & 2 shall also not be left with any kind of past, present and/or future demand, interest, claim, succession rights, entitlements, etc. against the Second Party and the Third Party for all purposes and intent.
(viii) That the parties including the First Party, Second Party as well as the confirming Parties, undertake to withdraw all the allegations, cases and complaints against each other made before any forum, Judicial as well as Quasi Judicial, if any and shall not make further complaint in any manner after their statement before the Court, and after the complete fulfilment of the terms and conditions of the present Settlement & Compromise Agreement.
(ix) That the parties have mutually agreed that in order to sort out, settle and compromise all their disputes and differences in order to bring peace and harmony in their life, they have agreed to make a joint prayer to the Hon'ble Supreme Court of India to dispose of the S.L.P(C) No.009708 of 2024, and to pass appropriate orders recording the compromise & settlement reached amongst the Parties and the confirming parties, by exercising its inherent powers under Article 142 of the Constitution of India, however the conditions of payment of Rs.30 lakh and transfer of the Vikaspuri Flat have to be fulfilled.
(x) That besides the above terms the parties have mutually settled all other claims against each other and exchanged all their articles, valuables etc and nothing remains to be exchanged or paid by any of the parties to the other parties. That in terms of consolidated settlement amount of Rs.30,00,000/- (Rupees Thirty Lakhs Only) and the effective transfer of the Vikaspuri flat in the name of Second Party and third party Shri Vishesh Rao Walke, by the Second Party (wife) from the First Party, she shall have received all her claims of Stridhan, permanent alimony, maintenance etc and there is no claim in any manner surviving and furthermore all the 9 disputes, differences will stand resolved. That the parties and third party will not make any claim against the First Party and confirming parties in any manner after the complete fulfilment of the terms and conditions of the present Settlement & Compromise Agreement and similarly the First Party and the Confirming Party Nos.1 & 2 shall also not make any claim against the Second Party and the Third Party in any manner after the complete fulfilment of the terms and conditions of the present Settlement & Compromise Agreement.
(xi) That the parties have further agreed and resolved not to initiate any further civil/criminal or other proceedings against each other before any court/forum or authority after the complete fulfilment of the terms and conditions of the present Settlement & Compromise Agreement post its execution, i.e Core Condition No.1-upon the receipt of the amount of Rs.30,00,000/- (Rupees Thirty Lakhs Only) and Core Condition No.2-the effective transfer of the Vikaspuri flat in the name of Second Party and the third party Shri Vishesh Rao Walke on the basis of the compromise in pursuance of this present Settlement & Compromise Agreement.
The Second Party will move appropriate application for withdrawal of the following cases i.e
a) Maintenance Case bearing MT. Case 756 of 2018 before the Learned Principal Judge Family Court, Dwarka District Courts titled as “Smt. Praggya Walke & Anr vs Shri Ram Chandra Rao Walke @ Sidharth & Ors” as well as Execution Criminal Petition No.124 of 2021 and No.53 of 2022
b) Domestic Violence Case bearing MC Case No.475/2018 before the Ld. CMM, Dwarka District Courts titled as “Smt. Praggya Walke vs Shri Ram Chandra Rao Walke @ Sidharth & Ors” against the First Party and her mother-in-Law Smt. Laxmi Bai Walke and her sister-in-Law Smt. Ritu Walke., as also stated hereinbefore.
That the Confirming Party No.1 i.e. Smt. Laxmi Bai Walke will withdraw the following case 10 against the parties at the same time as alongwith the filing of the withdrawal applications in the maintenance and domestic violence cases by the Second Party:-
c) Appeal against the order dated
16.02.2023 before the Office of the
Divisional Commissioner, Government of
National Capital Territory of Delhi,
Revenue Department, being Appeal No.724 of 2023 titled as “Smt. Laxmi Bai Walke vs Shri Ram Chandra Rao Walke @ Sidharth & Ors” That all the parties will provide full cooperation for the compromise and withdrawal of all the pending cases in terms of the present Settlement & Compromise Agreement, enabling the Ld. Courts to pass appropriate orders of withdrawal of the abovestated cases.
(xii) That both the first Party and the Second Party as well as the Third Party and the Confirming Parties Nos.1 & 2, undertake that henceforth, they would not interfere in the life of each other by any means and further undertake that henceforth they shall not file 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 compromise and settlement agreement.
(xiii) That in terms of the present Compromise and Settlement Agreement, the parties and third party as well as the Confirming Parties Nos. 1 & 2 have settled all their claims in respect of all the properties movable or immovable, and none 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, after the fulfilment of the terms and conditions of the present compromise and settlement agreement.
11(xiv) That both the parties and third party as well as the Confirming Parties Nos. 1 & 2, 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.
(xv) That the parties shall also make a joint prayer that the present Compromise and Settlement agreement be made a part of the order passed by the Hon’ble Supreme Court of India (xvi) That both the parties and third party as well as the Confirming Parties Nos. 1 & 2, are fully committed to honour each and every term and condition of this Compromise and Settlement 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 the Hon'ble Supreme Court against the party at fault and the party aggrieved shall have the right to remedy the breach by approaching the Hon'ble Supreme Court for enforcing the terms of settlement and for contempt of court action against the defaulting party.
(xvii) That the parties have agreed to undertake before the Hon'ble Supreme Court of India that they shall abide by all the terms and conditions set out in the present Compromise and 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 the Hon'ble Supreme Court of India.
(xviii) That the present compromise have been arrived and signed by all the parties, including the third party and Confirming Parties without any threat, force, fraud, coercion, pressure or undue influence from any side and at their free will without any collusion.
(xix) That the parties are accordingly signing this settlement agreement, to authenticate their will to comply the same as agreed above.That the present compromise and settlement agreement is 12 being executed in duplicate in originals on two separate stamp papers and Party No.1 will have custody of one original & a copy of notarised second original and the Party No.2 & 3 will have custody of the second original & a copy of the notarised First Original. Both the originals are exact same as each other and each will be considered as original.
(xx) That the present Settlement Agreement shall be followed and complied in toto and breach of any of the terms stated herein shall amount breach of the Settlement Agreement.”
5. The above-quoted terms of the mutual settlement between the parties are hereby made part of this order. The broad terms of the said settlement are as follows:
(i) That the respondent-husband shall pay a one-time consolidated total amount of Rs. 30,00,000/- (Rupees Thirty Lakhs only) to the appellant-wife and the son of the parties.
(ii) That flat no. 208-C, DG-2, Vikaspuri, New Delhi-
110018 shall be transferred in the name of the appellant-
wife and son of the parties in equal ratios by confirming party to the settlement, who is the mother of the respondent-husband via an absolute and irrevocable gift deed.
iii) That the appellant-wife will move appropriate applications for withdrawal of Maintenance Case, being MT Case 756 of 2018, pending before Family Court, South West District, Dwarka, New Delhi, and Domestic Violence case, being MC Case no. 475 of 2018, pending before Chief Metropolitan Magistrate, Dwarka District Courts, New 13 Delhi.
6. The present appeal is disposed of in terms of the said settlement dated 21.11.2024 along with IA No.14705/2025.
7. Pending application(s), if any, shall also stand disposed of.
...................J. [SUDHANSHU DHULIA] ...................J. [K. VINOD CHANDRAN] New Delhi;
February 24, 2025.
14ITEM NO.11 COURT NO.12 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 9708/2024
[Arising out of impugned final judgment and order dated 05-10-2023 in MAT.APP.(FC) No. 75/2022 passed by the High Court of Delhi at New Delhi] PRAGGYA WALKE PETITIONER(S) VERSUS RAM CHANDRA RAO WALKE @ SIDHARTH RESPONDENT(S) [ONLY IA NO. 14705/2025 IS LISTED UNDER THIS ITEM] IA No. 14705/2025 - APPLICATION FOR SETTLEMENT Date : 24-02-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Petitioner(s) Mr. Gagan Gupta, Sr. Adv.
Mr. Amit Bhatnagar, Adv.
Mr. Ananta Prasad Mishra, AOR For Respondent(s) Mr. Nikhil Jain, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal and IA 14705/2025 are disposed of in terms of the signed order, which is placed on the file. Pending application(s), if any, shall also stand disposed of.
(NIRMALA NEGI) (RENU BALA GAMBHIR) COURT MASTER (SH) ASSISTANT REGISTRAR