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Divya Garg vs Varun Garg on 10 February, 2023

Bench: Surya Kant, J.K. Maheshwari

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                                             IN THE SUPREME COURT OF INDIA
                                              CIVIL ORIGINAL JURISDICTION

                                       Transfer Petition(Civil)                 No.1089/2022

     DIVYA GARG                                                                                Petitioner(s)

                                                                VERSUS

     VARUN GARG                                                                                Respondent(s)

                                                          O R D E R

1. The instant Transfer Petition has been filed by the petitioner (wife) seeking transfer of proceedings for restitution of conjugal rights from the Family Court, Rupnagar, Punjab to the Family Court at Gautambudh Nagar, Uttar Pradesh.

2. With a view to explore the possibility of an amicable settlement of the matrimonial disputes between the parties, the matter was referred to the Supreme Court Mediation Centre on 19­10­2022. Pursuant thereto, the parties have resolved their misunderstandings as per the Final Mediation Report dated 07­01­2023 sent by the Mediator, which is duly signed by the parties and their respective counsel. The parties have started living together on certain agreed terms and conditions which are contained in the Final Mediation Report dated 07­01­2023.

3. In this view of the matter and as agreed to by the parties, First Information Report No.109 of 2021 under Sections 498A of the Signature Not Verified Indian Penal Code etc. lodged at the Police Station – Mahila Thana, Digitally signed by VISHAL ANAND Date: 2023.02.13 17:56:44 IST Reason: U.P. and the proceedings arising therefrom are hereby quashed.  2 Resultantly, the petition pending before the High Court of Judica­ ture at Allahabad is rendered infructuous.

4. The parties shall abide by the agreed terms and conditions as contained in the Final Mediation Report, without fail. 5 The Final Mediation Report dated 07­01­2023 shall form part of this Order.

6. The Transfer Petition is disposed of in above­terms.

……………………………………………………J (SURYA KANT) ……………………………………………………J (J.K. MAHESHWARI) NEW DELHI 10TH FEBRUARY, 2023.

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ITEM NO.4                 COURT NO.9                 SECTION XVI­A

                 S U P R E M E C O U R T O F      I N D I A
                         RECORD OF PROCEEDINGS

Transfer Petition(Civil) No.1089/2022 DIVYA GARG Petitioner(s) VERSUS VARUN GARG Respondent(s) (MEDIATION REPORT ALONGWITH SETTLEMENT AGREEMENT HAS BEEN RECEIVED) (IA No. 71823/2022 ­ EXEMPTION FROM FILING O.T. & IA No. 71821/2022 ­ STAY APPLICATION) Date : 10­02­2023 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. Kailash Prashad Pandey, AOR Mr. Girish Chand Tyagi, Adv. Mr. Praveen Singh, Adv. Mr. Anurag Tyagi, Adv. Mr. Arun Nagar, Adv.

For Respondent(s) Ms. Manjula Gupta, AOR Mr. Manashwy Jha, Adv. Ms. Riya Kumari, Adv.

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 applications also stand disposed of.

  (VISHAL ANAND)                                  (PREETHI T.C.)
ASTT. REGISTRAR­cum­PS                           COURT MASTER (NSH)

(Signed Order is placed on the file)