Supreme Court - Daily Orders
Rajeev Sabale vs Saroj Jaiswal on 6 January, 2023
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No 2272 of 2021
Rajeev Sabale ... Petitioner(s)
Versus
Saroj Jaiswal ... Respondent(s)
ORDER
1 A Memorandum of Understanding1 dated 12 December 2022 has been arrived at between the petitioner and the respondent. The terms of settlement between the parties, as reflected in the MOU are extracted below:
“MEMORANDUM OF UNDERSTANDING The MEMORANDUM OF UNDERSTANDING is made and entered into at Azamgarh on this 12 th day of December, 2022 by and BETWEEN Mr. Rajeev Satyaraj Sabale, son of Satyaraj Sabale aged 37 years, residing at C-3, Rajyasarthi Bhanu Darshan, Near Sambhaji Park, Mulund East 400081 currently residing at Room no 621, Katradevi Housing Society, Dr S.S. Rao Road, next to Rajkamal Studio, Parel East Mumbai 400012, hereinafter referred as FIRST PARTY (which expression shall, unless it be repugnant to the context or meaning thereof, mean and include their heirs, executors and administrators) AND/Between Mrs. Saroj Angad Jaiswal aged 38 years residing at Flat No 103, First Floor, Gajanan Ashirwad, Plot no 433, Sector 5, Navi Signature Not Verified Mumbai Thane Maharashtra 400705 currently residing at Digitally signed by Sanjay Kumar B/1704, Jasmine Building, Siddheshwar Garden, Kolshet Road, Thane west hereinafter referred as SECOND PARTY (which Date: 2023.01.10 16:44:20 IST Reason:
expression shall, unless it be repugnant to the context or meaning thereof, mean and include their heirs, executors and administrators) 1 “MOU” 2 WHEREAS A. The first party and second party were married on 1 st December 2014 at Azamgarh. After the solemnization of marriage both the parties lived and cohabited together as husband and wife and the marriage was consummated between the parties however no child has been born out of the said marriage.
B. After marriage, due to the difference of opinion feelings personal preference liking temperamental attitudes disputes arose between the parties and the party started living separately. The parties are living separately since December 2018. The First party has been taking care of maintenance through monthly expense and also paying the rent for the accommodation of second party post the separation till today. C. The marriage between the parties have irretrievably broken down due to irreconcilable differences in temperament and they have been living separately now from last 4 years. D. The First Party and his Family Member have always been interested in the welfare of both the parties. E. All the parties have amicably met on 24 th of November 2022 at Mumbai and agreed for dissolution of their marriage by way obtaining a decree of divorce through mutual consent and have entered into an amicable settlement. All the parties out of there free will have settled all dispute and differences, grievances amicably on or amongst the following terms and condition:
NOW THIS MEMORANDUM OF UNDERSTANDING IS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:
1. It has been agreed between the parties that the first party shall pay a total sum of Rs 49,00,000 (Rupees Forty-Nine Lakhs only) to the second party as one time Full and Final settlement towards all her expenses incurred at the time of marriage maintenance (past, present and future) of the second party and also towards all past, present and future claims.
2. It has been agreed between the parties that the First Party shall make the payment of Rupees 49,00,000/- (only Rupees Forty-Nine Lakhs) through TWO instalments vide Demand Draft and NEFT/Online Transfer such as follows:
Sr Instalments D.D. No. Bank Date Amount No 1 1st Payment 907871 Kotak Bank 29-11-2022 Rs (Parel 5,00,000/-
Branch)
2 1st Payment NEFT/ Ref No - 12-12-2022 Rs
Online 9989783243 1,00,000/-
Transfer 42
3 1st Payment 962784 State Bank of 28-11-2022 Rs
India Mulund 29,00,000/
Branch -
3
4 2nd Payment Rs
14,00,000/
-
Total 49,00,000/
-
3. It is agreed between the Parties that the Second Party shall receive the 1st Payment of Rs 5,00,000/- (Rupees Five Lakhs only) vide Demand Draft bearing DD No 907871 and Rs 1,00,000/- (Rupees One Lakh only) vide NEFT/Online Transfer and Rs 29,00,000/- (Rupees Twenty Nine Lakhs only) Demand Draft bearing DD No 962784 shall be received by Second Party after withdrawal of all the cases/suit/Application (Civil and Criminal) filed before Hon’ble Female Fast Court Azamgarh and Family Court Azamgarh or before any other Court.
4. The First Party shall handover the Rs 35,00,000/- (Rupees Thirty-Five Lakhs only) only post the withdrawal and Hon’ble Judge passing the order for the same of the all the cases/suit/Application (Civil and Criminal) filed before Hon’ble Femal Fast Court Azamgarh and Family Court Azamgarh or before any other Court. It is agreed between the Parties that 2nd Payment of Rs 14,00,000/- (Rupees Fourteen Lakhs only) be received by the Second Party on the Final date/hearing of granting of Divorce by Mutual consent Petition only after the divorce has been granted by the Hon’ble Family Court at Bandra, Mumbai.
5. It is agreed between the Parties, that both the Parties shall file for Divorce through Mutual Consent before the Hon’ble Bandra Family Court Mumbai in December 2022.
6. It is agreed between the parties that the remaining payment of Rs. 14,00,000/- (Rupees Fourteen Lakhs only) shall be received by the Second Party only after the divorce has been granted by the Hon’ble Family Court, Bandra Mumbai at the Final/Last date of mutual consent divorce at Mumbai. The First Party shall submit original Demand Draft of Rs. 14,00,000/- (Rupees Fourteen Lakhs only) before Bandra Family Court. The First Party shall extend the date of demand draft if and when required.
7. It is agreed between the Parties, that the First Party shall make a Payment of Rs 15,000/- (Rupees Fifteen Thousand Only) per month towards the maintenance of the second party, Since the Second party is residing at thane, till the disposal of the Mutual Consent Divorce Petition.
8. The Second Party shall withdraw the casses filed U/s 125 C.R.P.C. for maintenance filed before Hon’ble Family Court bearing Case No 106 of 2021 at Azamgarh and shall withdraw application filed before Hon’ble Fast Track Female Court U/s 498A bearing case no 448 of 2020.
9. It is agreed between Parties, that Second Party Indemifies to withdraw all the cases/suit/Application which includes 4 (civil and criminal) filed against First Party and relatives/family members of First Party filed before any court law.
10. In case of any breach of terms by the First Party as mentioned in this consent terms, the Second Party shall be allowed to retain the amount received by her. In case of breach of terms by the Second Party as mentioned in this consent terms, the Second Party shall refund the amount within a period of one-month along with @ 23% per annum Interest rate.
11. It is agreed between the parties that the second party shall provide the first party certified copy of order of withdrawal of cases filed before the Hon’ble Family Court and Female Fast Track Court at Azamgarh and also of any other Suit/Application filed before any other court of law.
12. The first party shall withdraw the Transfer Application filed before honourable Supreme Court of India bearing number 445 of 2020 and 2272 of 2021.
13. It is agreed between the parties that the cost/expenses incurred for filing the Divorce by mutual Consent shall be borne by the first party.
14. It is agreed between the parties the parties shall not raise any claims against each other or each other’s parents, brothers, sisters and other relatives in respect of expenses incurred on the solemnization of marriage and the gifts, maintenance, alimony or Stridhan.
15. It has also been assured by all the parties that non shall raise any claims/in respect of any movable or immovable properties, business, goods and assets of each other.
16. The parties hereby do not have any grievance left against each other, therefore, in the view of the same they have further undertaken that they shall not level any allegation against each other or each other’s parents, relative or cause to act in a manner so as to harm the reputation an image of the other, in the family or the society at large.
17. It is agreed between the parties, that the payment of Rs 49,00,000/- (Forty Nine Lakhs only) is towards the maintenance/permanent alimony) of the Second party, this does not prove any criminal allegation levelled at first party and family member of the first party.
18. The Second party does not have any claim left pending against the first party on account of maintenance (past, present and future) permanent, alimony or any property or gift of any nature whatsoever. Also, all the parties do not have any grievance against each other and they have duly peacefully settled the same to their entire satisfaction.
19. The second party shall have no other claim against first party in future for all times to come and all her claims touching to matrimonial life of the party stand settled in all respect.
20. The First party and the Second Party have agreed to dissolve their marriage by way of mutual consent. Both 5 parties shall appear before Family Court Mumbai within 15 days of execution of this Memorandum of Understanding for obtaining the divorce by mutual consent.
21. All the parties have consented to this memorandum of understanding out of their own sweet will and without any undue influence or duress and they are bound with the terms and condition of this agreement. The First Party and Second Party shall not withdraw their consent for obtaining the divorce by mutual consent till they have obtained the divorce by mutual consent and both the parties have surrendered their rights to withdraw their consent for obtaining the divorce by mutual consent.
22. It is agreed between the parties that the second party shall withdraw all the other cases/application (Civil or Criminal) filed against First Party if any filed before any Court of Law.
23. In case of breach of any terms as mentioned in this Memorandum of Understanding, both the parties shall be liable of Civil and Criminal Actions against each.
24. It is agreed between the Parties, that this Memorandum of Understanding shall be submitted/taken on record before the Hon’ble Family Court at Azamgarh and Hon’ble Female Fast Track Court or any other Court.
25. It is agreed between the Parties that in case of any Dispute with the terms and conditions of this Memorandum of Understanding, the jurisdiction of this Memorandum of Understanding shall be Mumbai.
26. This Memorandum of Understanding has been explained and translated in English and Local Hindu Language to both the parties.
27. The Second Party undertake to withdraw the criminal Application No 448 of 2021 filed against First Party U/s 498A IPC on 12th Day of 12-2022.”
2 In terms of the MOU, the petitioner has agreed to pay a total amount of Rs 49 lakhs to the respondent. Out of the above amount, an amount of Rs 5 lakhs has been paid by demand draft. A further DD of Rs 29 lakhs has been handed over and deposited and is subject to clearance. An amount of Rs One lakh has been transferred through NEFT. A balance of Rs 14 lakhs is now due and payable. 3 The petitioner agrees and undertake to pay the balance of Rs 14 lakhs on or before 13 January 2023.
64 The following cases which are pending between the parties shall stand quashed in terms of the MOU:
(i) Misc Case No 106 of 2021 pending before Family Court, Azamgarh, Uttar Pradesh; and
(ii) Complaint Case No 448 of 2021 before before the Judicial Magistrate/ Fast Track (Woman), Azamgarh, Uttar Pradesh.
5 Though clause 5 of the MOU contemplates that the parties would apply for a divorce by mutual consent before the Family Court at Bandra, Mumbai, it has been agreed by them and submitted to the Court by counsel that this Court may, in the exercise of its jurisdiction under Article 142 of the Constitution, grant a decree for divorce by mutual consent.
6 In view of the settlement which has been arrived at between the parties and since they have been living apart for over six months, we deem it appropriate and proper to grant a decree for divorce by mutual consent. There shall be a decree for divorce, subject to due compliance by the petitioner of the obligation to pay an amount of Rs 14 lakhs on or before 13 January 2023 to the respondent. The payment of Rs 14 lakhs shall be effected through electronic transfer of funds.
7 Transfer Petition (Criminal) No 445 of 2022 filed by the petitioner shall stand disposed of in view of the above settlement. 8 The Registry shall draw up the decree in the above terms. 7 9 The Transfer Petition is accordingly disposed of. 10 Pending application, if any, stands disposed of.
..…..…....…........……………….…........CJI. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [Pamidighantam Sri Narasimha] …..…..…....…........……………….…........J. [J B Pardiwala] New Delhi;
January 06, 2023
-S-
8
ITEM NO.4 COURT NO.1 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).2272/2021
RAJEEV SABALE Petitioner(s)
VERSUS
SAROJ JAISWAL Respondent(s)
(FOR ADMISSION and IA No.157945/2021-STAY APPLICATION and IA
No.157946/2021-EXEMPTION FROM FILING O.T.) Date : 06-01-2023 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Ms. Tanya Agarwal, Adv.
Mrs. Shubhangi Tuli, AOR For Respondent(s) Mr. Pawan Prakash Pathak, Adv.
Mr. Paras Dedha, Adv.
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 Transfer Petition (Criminal) No 445 of 2022 filed by the petitioner shall also stand disposed of in terms of the signed order.
3 The Registry shall draw up the decree in the above terms.
4 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
DEPUTY REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)