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Ruchira vs Nikunj on 9 October, 2015

Bench: Vikramajit Sen, Shiva Kirti Singh

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                                   IN THE SUPREME COURT OF INDIA

                                      CIVIL ORIGINAL JURISDICTION

                             TRANSFER PETITION (CIVIL) NO. 904 OF 2015

     RUCHIRA                                                           .. PETITIONER

                                                   Versus

     NIKUNJ                                                            .. RESPONDENT


                                                O R D E R

1 This Transfer Petition is filed under Section 25 of the Code of Civil Procedure seeking transfer of the Hindu Marriage Petition No. A-360 of 2015 filed under Section 13 of the Hindu Marriage Act, 1955 titled as “Nikunj vs. Ruchira” pending in the Family Court, Nagpur at Maharashtra.

2 Parties have settled their differences on the following terms:

“This Settlement Agreement is entered into between Ms. Ruchira w/o Mr. Nikunj Agrawal, D/o Sajjan Kumar Dalmia, R/o C/o Siliguri and Mr. Nikunj Agarwal, s/o Vishnu Agrawal, R/o Nagpur.

The marriage between the Petitioner and respondent was solemnised on 17.06.2010 Nagpur. There is one issue from this wedlock wherein baby girl by the name of Rishika is born and is at present of about 4 (four) years of age.

Both the parities resided together as husband and wife Signature Not Verified but disputes and differences arose between the parties Digitally signed by Usha Rani Bhardwaj Date: 2015.10.13 hereto.

Reason: A divorce Petition was filed by the Respondent herein before the Family Court of Nagpur detailed as Hindu Marriage Petition No. A-360 of 2015 on 01.04.2015. Subsequently, a transfer petition bearing details T.P.  2 (C) No. 904/2015 (said Transfer Petition) was filed before this Hon’ble Court by the Petitioner herein Ms. Ruchira praying for transfer of the Divorce Petition from Nagpur to Siliguri on grounds stated in the said transfer petition.

Both the parties hereto confirm and declare that they have voluntarily and of their own free will decided not to live together as husband and wife and have arrived at this Settlement in the presence of their family members on the following terms and conditions.

The following cases which happened to have been filed between the parties:

i. Present T.P. (C) No. 904/2015 filed by the Petitioner herein before this Hon’ble Court. ii. Application for Divorce u/s 13 of the Hindu Marriage Act, 1955 titled “Nikunj Agarwal vs. Ruchira being Hindu Marriage Petition No. A-360 of 2015 before the Family Court, Nagpur filed by the respondent.

iii. Complaint of Domestic Violence being Misc. Case No. 76 of 2015 before Judicial Magistrate First Class Ist Court at Siliguri filed by the Petitioner. iv. Police complaint 898/2015 numbered as 68 of 2015 field in Siliguri Police Station by the Petitioner.

2. In view of the terms of this settlement-agreement, the Petitioner herein has withdrawn Complaint of Domestic Violence being Misc. Case No. 76 of 2015 before Judicial Magistrate First Class Ist Court at Siliguri vide here petition/application of withdrawal dated 8 th September 2015. A copy of her Petition for withdrawal is marked and annexed hereto as Annexure 1.

3. The Petitioner has also withdrawn the Police Complaint 898/2015 numbered as 68 of 2015 filed in Siliguri Police Station vide her application for withdrawal dated 07.09.2015. A copy of the application of withdrawal is marked and annexed hereto as Annexure 2.

4. The petitioner has thus withdrawn all the cases filed by her against the Respondent in view of these settlement terms before filing this compromise petition before Hon’ble Supreme Court of India.

5. Respondent states that he has not filed any other case against the petitioner before any Court of law or any other forum save and except the said Hindu Marriage Petition No. A-360 of 2015 on 01.04.2015 before the Family Court  3 of Nagpur.

6. Both the parities undertake that henceforth they would not file any civil-criminal complaint or any case against each other or their family members with regard to the present matrimonial alliance and allied matters.

7. The Respondent, Mr. Nikunj has further agreed to pay a sum of Rs.55,00,000/- (Rupees Fifty five lakhs only) to Ms. Ruchira (Petitioner herein) as full and final settlement towards all and any past, present and future claim including her maintenance, stridhan, alimony expenses.

Ms. Ruchira & daughter Rishika (including marriage expenses).

8. That the Respondent has on 10.09.2015 handed over passport of the Ruchira Adhar Card of Ruchira, Driving License of Ruchira and Birth Certificate of baby Rishika to Shri Pawanji Kedia in Kolkata being authorised by Ruchira to collect the same on her behalf from Mr. Nikunj.

9. That it is further agreed between the parties that the Respondent Mr. Nikunj is in possession of documents relating to Income Tax viz. Income Tax returns, financial statements, bank accounts of Ruchira. Mr. Nikunj undertakes to close all bank accounts by whatever name whether singly or jointly with him or his family members. The Respondent agrees and undertakes that the Petitioner is not a Guarantor and/or a survey for any transactions of the Respondent. Mr. Nikunj and/or his family members including but not limited to any loans, financial assistance from any bank, financial institution or any other person through them. The Respondent has also not encumbered the Petitioner in any financial transactions in any manner upto this date. The Respondent undertakes and agrees to take all necessary steps to remove the Petitioner out of any transactions which may have arose during the period of subsistence of their marriage.

10. The Petitioner herein would have no claim whatsoever in future with regard to the movable and/or immovable assets of the Respondent Mr. Nikunj and/or his family members henceforth. Similarly the Respondent Mr. Nikunj shall have no claim whatsoever in future with regard to movable and/or immovable property of the Petitioner Ms. Ruchira and/or her family members related to this matrimonial alliance.

11. Mr. Nikunj agrees that the custody of baby child Rishika shall remain with the Petitioner herein i.e. with  4 Ruchira and Ruchira shall be the natural guardian of baby Rishika.

12. The Petitioner, Ms. Ruchira and Respondent, Nikunj shall jointly pray for decree of divorce before this Hon’ble Court invoking the inherent power under Article 142 of the Constitution of India on the next date of hearing of the present transfer petition before this Hon’ble Court.

13. That the respondent Mr. Nikunj has agreed to pay the aforesaid amount of Rs.55,00,000/- (Rupees Fifty five lakhs only) before this Hon’ble Court on the next date of hearing by way of a demand draft in the name of the Petitioner-wife at the time of passing of decree of divorce.

14. By signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other.

15. The parties undertake before this Hon’ble Court to abide by the terms and conditions set out in the above mentioned Agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.” 3 The only modification which we think appropriate is that the future and the interest of the minor daughter-Rishika should be further safeguarded. This we think is possible by directing that out of Rs.55,00,000/- (Rupees Fifty Five lakhs only) which has been tendered in Court today by the Respondent – Mr. Nikunj to the Petitioner-Ruchira by way of demand draft dated 6 th October, 2015, a sum of Rs.25,00,000/- (Rupees Twenty Five lakhs only) shall be the share of the minor daughter- Rishika. Out of this amount of Rs.

25,00,000/- (Rupees Twenty Five lakhs only) a sum of Rs.12,50,000/-

(Rupees Twelve lakhs and Fifty Thousand only) shall be invested in the Fixed Deposit Receipt with a Nationalised Bank in the name of  5 minor daughter- Rishika with her mother Ruchira as her guardian.

The interest that will be earned on this deposit shall form an accretion to the aforementioned sum of Rs.12,50,000/- (Rupees Twelve lakhs and Fifty Thousand only). This amount along with all accretions thereto, including interest shall be transferred absolutely to Rishika on her attaining the age of 21 years. The other sum of Rs.12,50,000/- (Rupees Twelve lakhs and Fifty Thousand only) shall also be invested in a Fixed Deposit Receipt with a Nationalised Bank in the name of Ruchira and the interest of which however may be used by Petitioner- Ruchira towards the expenses that are and will be incurred on the livelihood as well as on the education of her minor daughter – Rishika.

4 The sum of Rs.30,00,000/- (Rupees Thirty lakhs only), out of Rs.55,00,000/- (Rupees Fifty Five lakhs only) may be used by the Petitioner – Ruchira at her own discretion.

5 With these modification (which has been accepted by the par ties), we approve the terms of settlement between the parties.

6 Parties, who are present in Court today solemnly assure the Court that they will abide by the Settlement Terms in letter and spirit. The Demand Draft for a sum of Rs.55,00,000/- (Rupees Fifty Five lakhs only) has been handed over to the Petitioner-Ruchira in Court today.

7 The parties jointly pray that so as to cement and implement the settlement and give it finality, the marriage of the parties may be immediately dissolved.

8 The parties reiterate that they have been living separately, in the sense that they have not had any conjugal relations, since January, 2014.

9 We accede to these prayers, and in the circumstances prevailing between the parties, we exercise jurisdiction under Article 142 of the Constitution of India and dissolve the marriage between the parties by a decree of divorce by mutual consent waiving the periods mentioned in Section 13 B of the Hindu Marriage Act.

10 The Transfer Petition stands disposed of. As a natural corollary, pending application also stands disposed of. All pending matters between the parties stand disposed of in terms of the settlement.

…………………………..J. (VIKRAMAJIT SEN) …………………………..J. (SHIVA KIRTI SINGH) New Delhi October 09, 2015.

ITEM NO.9                 COURT NO.11                  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(s)(Civil)    No(s).   904/2015

RUCHIRA                                                 Petitioner(s)

                                  VERSUS

NIKUNJ                                                  Respondent(s)

(with appln. for Joint application for divorce and stay and Office report) Date : 09/10/2015 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Sarad Kumar Singhania,Adv.

Ms. Rashmi singhania, Adv.

Mr. Rajesh Khandelwal, Adv.

For Respondent(s) Mr. Satyajit A. Desai, Adv.

Ms. Anagha S. Desai, Adv.

UPON hearing the counsel the Court made the following O R D E R Transfer Petition and pending application, if any, stand disposed of in terms of the Signed Order.

            (NEELAM GULATI)                        (SAROJ SAINI)
             COURT MASTER                          COURT MASTER

                 (Signed Order is placed on the file)
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