Supreme Court - Daily Orders
Monika Sharma vs Harish on 15 February, 2021
Author: V. Ramasubramanian
Bench: V. Ramasubramanian
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION CIVIL NO.332/2019
MONIKA SHARMA PETITIONER
VERSUS
HARISH RESPONDENT
O R D E R
The parties were referred to the Supreme Court Mediation Centre. Before the Mediator, the parties have entered into a settlement agreement. The settlement agreement reads as follow:-
“SETTLEMENT AGREEMENT This Settlement Agreement is being executed between Petitioner Ms. Monika Sharma D/o Sh. Aditya Sharma R/o House no. 635/25, Krishan pura, Panipat Haryana 132103 and Respondent Harish S/o Sh. Ram Avtar R/o Flat no. 145, 2nd Floor, Block-10, Type-1, Income Tax Colony, Pritampura, Delhi – 110034.
The marriage between the Petitioner and Signature Not Verified Digitally signed by JAGDISH KUMAR Date: 2021.02.17 Respondent was solemnized on 07.05.2017 at 15:04:09 IST Reason: Raj Garden, Panipat Haryana. Both parties resided together as Husband and Wife till 25- 2 03-2018. There is no issue from this wedlock.
Differences arose amongst the Parties which resulted in bitterness and they started living separately.
This Hon’ble Court vide its order dated 20.05.2020 was pleased to refer the matter to Mediation Centre, Supreme Court of India, New Delhi to conduct Online mediation and the Senior Mediator Mrs. Asha Gopalan Nair was appointed.
The parties and their Advocates gave their consent for Online mediation. Further they also gave an undertaking to the Mediator and the Mediation Centre by Email which reads that “ At no point of time in the entire process of this mediation conducted through online software application platform Vidyo, any recording of any part thereof any means whatsoever was done by me/us or any one on my behalf at my/our end. I undertake if on a later stage if it is found that any part of this process of mediation was recorded by me/us or any one on my /our behalf, than it shall render me/us liable for an appropriate action by the Ld Court concerned.” Comprehensive mediation sessions were held with the parties separately and jointly 3 on 05-08-2020, 17-08-2020, 20-08-2020 and on 28-08-2020. With the indulgence of counsels and Mediator, the parties have arrived at an amicable settlement on the following terms and conditions without going into the merits of the litigations and keeping in view of the healthy future of their matrimonial life:-
1. Both the parties Monika Sharma and Harish hereto confirm and declare that they have voluntarily and of their own free-will decided to live together as husband and wife and have arrived at this Settlement in the presence of the mediator, their respective counsels.
2. Both the parties Monika Sharma and Harish in view of their decision to live together harmoniously; have jointly taken decision that they will withdraw all cases filed by them against each other.
3. That the following cases filed by the parties are as under:-
I. Case Registration No. 693/2019 u/s 125
Cr.P.C. Pending before the court of Sh. J.S. Sidhu Ld. PJFC, Panipat fixed for 07-09-2020 II. Case Registration No. CRM 213/2019 Pending before the court of Sh. J.S. Sidhu Ld. PJFC, Panipat fixed for 07-09- 4 2020.
III. Case Registration no. 224/2019 vides FIR No. 124/2018 U/s 323, 406, 498-A, 506 IPC, under the title of State Vs. Harish. Pending before the court of MS Pragati Rana Ld. JMIC, Panipat Fixed for 04-11-2020 IV. Case Registration no. 257/2018 titled as Monika vs. Harish in the court of MS Pragati Rana Ld. JMIC, Panipat Fixed for 28-08-2020.
V. Case Registration no. CRR (F) 906-2019 titled as Monika Sharma Vs. Harish Pending before Hon’ble High Court of Punjab & Haryana at Chandigarh. VI. Case Registration H.M.A No. 1810/2018 titled as Harish vs. Monika Sharma Pending before Mrs. Bimla Kumari Ld. Principal Judge Family Court, North West, Distt. Rohini, Delhi.
4. That it has been mutually settled by both the parties:-
a. That there shall not be any third party interference in the matrimonial life of the petitioner and the respondent (from either side). Both the parties shall lead their matrimonial life separately at the allocated Govt. flat of the respondent (Harish) in Delhi. Both the parties, Petitioner (Monika Sharma) and Respondent (Harish Sharma) shall look into the best interests of 5 each other and the Respondent (Harish) shall maintain the Petitioner (Monika Sharma) and help her in her educational pursuits financially for their comfortable future.
b. That both the parties herein agree that all the pending cases whether specifically mentioned or not between the parties & their family members herein shall be withdrawn and brought to closure as soon as possible and as per the situation of COVID-19 warrants after passing of the order by this Hon'ble Court in Transfer Petition. The parties and/or their family members, relatives or representatives undertake not to initiate any other litigation against each other in future also. The Petitioner/husband shall also withdraw Divorce Case Bearing No. 1810 of 2018 pending before PJFC. North West, Distt. Rohini, Delhi, under Section 13 of H.M.A. as soon as possible and as per the situation of COVID-19 warrants after passing of the order by this Hon'ble Court in Transfer Petition.6
c. That in view of the settlement amongst the parties, the Petitioner/Monika Sharma will not persue FIR No. 124/2018 u/s 323, 406, 498-A, 506 IPC P.S. Women Police Station Panipat against respondent/Harish Sharma. Both the Parties shall initiate steps for getting the FIR No. 124/2018 U/s 323, 406, 498- A, 506 IPC P.S. Women Police Station Panipat quashed on the basis of the compromise. The petitioner (Monika Sharma) will be bound to be present in person and record her statement for quashing the above said FIR before the competent Court of Law, as and when required.
d. Both the parties agree and undertake that they have settled all their disputes and grievances against each other and against their family members amicably and they shall not file any complaints, proceedings whether criminal or civil, if any against each other or their family members. Both the parties further undertake to withdraw the aforesaid matters or any other matter if any pending against each other anywhere. 7
5. By signing this Agreement, the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto, through the process of Mediation.
6. The parties undertake to abide by the terms and condition set out in the above, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth and are bound by the aforesaid terms and conditions.
7. That the parties are accordingly signing this settlement agreement in presence of all named above, to authenticate their will to comply the same as agreed above.
8. Both the parties further agree that while carrying out the above said stipulations no party should take advantage of its own wrong.
(Sd./-) (Sd./-)
(Monika Sharma) (Harish)
(Sd./-) (Sd./-)
(Sh. Arvind Gupta) (Sh. Nitin Bhardwaj)
8
Advocate Karamjeet
(Sd./-)
Mediator
Supreme Court of India
Dated: 28.08.2020”
In view of the above, the Transfer Petition is
disposed of in terms of the Settlement Agreement.
…………………………………………………J. [V. RAMASUBRAMANIAN] New Delhi 15th February, 2021 9 ITEM NO.8 Court 15 (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). 332/2019 MONIKA SHARMA Petitioner(s) VERSUS HARISH Respondent(s) (IA No. 30601/2019 - EX-PARTE STAY) Date : 15-02-2021 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Arvind Gupta, AOR For Respondent(s) Mr. Nitin Bhardwaj, 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, stand disposed of. (JAGDISH KUMAR) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)