Supreme Court - Daily Orders
Swikrati Singh Agarwal vs Tushar Agarwal on 14 March, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1577 OF 2012
SWIKRATI SINGH AGARWAL PETITIONER(s)
VERSUS
TUSHAR AGARWAL RESPONDENT(s)
WITH
TRANSFER PETITION (CIVIL) NO. 422 OF 2013
ALKA AGARWAL & OTHERS PETITIONER(s)
VERSUS
SWIKRATI SINGH AGARWAL RESPONDENT(s)
O R D E R
On 7.10.2013, at the request of learned counsel for the
parties, the matter was referred to the Supreme Court Mediation
Centre (for short "the Centre") to explore the possibility of
settlement between the parties through the process of mediation. The
Centre nominated Ms. Varuna Bhandari Gugnani, advocate as mediator.
Due to her efforts, the parties have been able to settle their
matrimonial disputes amicably.
2. The following cases are pending between the parties:-
A. CASES FILED BY WIFE SWIKRITI SINGH AGARWAL
1. Case No. 514 of 2012 under Section 125 Cr.P.C. filed on
31.10.2012 before Family Court, District Jhansi.
2. Case No. 1769 of 2012 under Sections 12, 17, 18, 19, 20,
22 and 23 of Domestic Violence Act filed on 26.11.2012
before Judicial Magistrate No. 13 District Jhansi against
Respondent husband Tushar Agarwal, his father, mother,
sister and brother-in-law.
3. FIR No. 34 of 2013 dated 28.1.2013 under Sections 498A,
323, 504, 506 of I.P.C. and Section 3 and 4 of Dowry
Prohibition Act against Respondent husband Tushar Agarwal,
his father, mother, sister and brother-in-law in compliance
of order dated 20.12.2012 passed by Chief Judicial
Magistrate No.6 District Jhansi.
4. Appeal No. 82 of 2013 under section 29 of Domestic
Violence Act filed on 20.6.2013 against order passed by
Judicial Magistrate No. 13 District Jhansi disposing the
petition for interim maintenance.
5. Transfer Petition (Civil) No. 1577 of 2012 before Hon’ble
Supreme Court of India.
6. Maintenance Petition u/s 24 of Hindu Marriage Act r/w Sec
151 of C.P.C. dated 19.10. 2012 filed before the Principal
Family Judge 4, Bangalore.
B. CASES FILED BY HUSBAND TUSHAR AGARWAL AND COMPLAINTS
FILED BY HIS FATHER MR. PRAMOD KUMAR
7. M.C. No. 1157 of 2012 filed on 31.3.2012 before the
Principal Family Judge 4, Bangalore under Section 13(1)(ia)
of Hindu Marriage Act, 1955
8. FIR No. 0111/2012 dated 24.11.2012 registered at Airport
Police Station, Bangalore
9. Transfer Petition (Civil) No. 422 of 2013 filed before
Hon’ble Supreme Court by Mrs. Alka Agarwal (Mother of
Husband Tushar Agarwal) for transfer of Domestic Violence
Case No. 1769 of 2012 from Jhansi to Bangalore.
10. Income tax complaint filed by Mr. Pramod Kumar (Father of
husband Tushar Agarwal) against Mr. K.P Singh (Father of
wife Swikrati Singh Agarwal) at Jhansi (U.P.)
11. Complaint filed by Mr. Pramod Kumar (Father of husband
Tushar Agarwal) in S.B.I against Mr. K.P Singh (Father of
wife Swikrati Singh Agarwal) for the charges of corruption
against Mr. K.P Singh.
12. Application u/s 195 (1) (b) of the criminal procedure code
of 1973 filed by Tushar Agarwal before the Principal Family
Judge, Bangalore on 30.11.2012.
3. The terms of settlement, which have been reduced in
writing, inter alia, read as under:
. 2. In view of the terms of this settlement-agreement,
both the parties herein undertake to withdraw all the above
pending cases besides all other pending petitions filed by
them against each other before any court of law or any other
forum and would take all necessary steps for the same.
3. Both the parties undertake that henceforth they or
anybody on their behalf would not file any civil/ criminal
complaint /FIR or any case against each other and/or their
family members with regard to the present matrimonial
alliance.
.
. 4. Both the parties also undertake to withdraw any
other pending cases/ complaints/FIRs, if any, which have been
filed against each other and/or their respective families.
. 5. That Respondent Husband Tushar Agarwal has agreed
to pay a total sum of Rs. 30,00,000/- only (Rupees Thirty
Lacs only) to the Wife Swikrati Singh Agarwal as full and
final settlement towards marriage expenses; stridhan,
maintenance, permanent alimony and her past present and
future claims including maintenance of the minor child Anay
Agarwal and his past, present and future claims etc.
. 6. That out of the total amount of Rs. 30,00,000/- as
agreed above, an amount of Rs. 10, 00,000/- only (Rupees Ten
Lacs only) shall be paid by Husband Tushar Agarwal by way of
a demand draft payable at Sadiakuwa Branch of State Bank of
India (Bank Code 30339) in favour of Wife Swikrati Singh
Agarwal at the time of signing of this Settlement Agreement.
. 7. The Petitioner Swikrati Singh Agarwal and
Respondent Tushar Agarwal shall jointly pray for decree of
divorce before Hon’ble Supreme Court invoking the inherent
power under Article 142 of the Constitution of India on the
next date of hearing of the Transfer Petition (Civil) No.
1577 of 2012 and remaining amount of Rs. 20,00,000/- only
(Rupees Twenty Lacs only) shall be paid by Husband Tushar
Agarwal by way of a demand draft payable at Guna Collectorate
Branch (Branch Code 30391) in favour of Wife Swikrati Singh
Agarwal at the time of passing of the order by Hon’ble
Supreme Court.
The petitioner wife Swikrati Singh Agarwal will set aside
Rs. 05 lakhs in a fixed deposit under the guardianship of
Swikarti Agarwal in a nationalized bank in the name of minor
son Anay Agarwal to take care of all his maintenance needs
till he reaches the age of 18. She or anybody else will not
be entitled to raise any lien or encumbrance on this amount
or to withdraw this sum of Rs. 05 lakhs till the minor son
reaches the age of 18, (i.e. till 6.2.2029) and is in a
position of making just decisions for himself and to shoulder
the responsibility of his life independently on which date
the son will be free to use this sum as he wishes. However in
this period, the petitioner Swikrati Singh Agarwal will be at
free will to withdraw the interest accruing out of this
principal amount, for the maintenance needs of minor Anay
Agarwal.
. 8. In case, Hon’ble Supreme Court directs the parties
to approach the Family Court for dissolution of marriage by
mutual consent then the remaining amount of Rupees Twenty
Lacs only shall be paid in following manner:
a) Rs. 10,00,000/- (Ten Lacs only) shall be paid by
Husband Tushar Agarwal by way of a demand draft payable at
Guna Collectorate Branch (Branch Code 30391) in favour of
Wife Swikrati Singh Agarwal at the time of filing of FIRST
MOTION for dissolution of marriage by mutual consent before
the Family Court at Jhansi; and;
b) Rs. 10, 00,000/- (Ten Lacs only) shall be paid by
Husband Tushar Agarwal by way of a demand draft payable at
Guna Collectorate Branch (Branch Code 30391) in favour of
Wife Swikrati Singh Agarwal at the time of passing of DECREE
for dissolution of marriage by mutual consent by the Family
Court at Jhansi.
. 9. It is further agreed that First Motion for
dissolution of marriage by Mutual Consent under Section 13B
of Hindu Marriage Act shall be filed by both parties before
Family Court at Jhansi within four weeks from the date of
disposal of Transfer Petition (Civil) No. 1577 of 2012 and
the Second Motion shall be filed immediately after Six
Months, without any delay on any grounds whatsoever.
. 10. The child Anay Agarwal shall remain in the care
and custody of his Mother Swikrati Singh Agarwal and Father
Tushar Agarwal will have the visitation rights once in every
3 months for two days on a weekend i.e. Saturday & Sunday for
4 hours preferably at Jhansi in the supervision of the mother
and as per the convenience of both the parties and also of
child and with prior written intimation.
. 11. The date, time and place of the visit shall be
mutually agreed by the parties. The place and time of meeting
can be changed with mutual convenience of both parties. The
respondent Tushar Agarwal will inform the petitioner Swikrati
Singh Agarwal through text message (Sms) and email,
confirming the trip for visitation at least a month in
advance of the scheduled date and the petitioner Swikrati
Singh Agarwal shall respond to the same within 2 days of
receiving the message confirming her and the child’s
availability. For this purpose, respective mobile numbers and
email addresses of the parties are given as under:
Swikrati Singh Agarwal
Email: [email protected] Mobile No. 9415858514
Tushar Agarwal
Email: [email protected] Mobile No. 9810165205
Both the parties mutually undertake to voluntarily inform
each other of any change in their mobile numbers or email ids
mentioned above.
. 12. That it is agreed that the child Anay Agarwal will
stay with the father Tushar Agarwal for first 10 days in
Summer Vacation after he attains the age of 5 years. The
schedule of the vacation will be sent to the father every
year in the beginning of academic year by the mother through
E-Mail. The father will ensure that he picks up the child
from the mother from the place where the child goes to school
and it is further agreed that father Tushar Agarwal will
ensure that he personally hands over the child Anay Agarwal
to the mother Swikrati Singh Agarwal at the place where the
child goes to school.
. 13. It has further been agreed that neither party
would have any claim whatsoever in future with regard to the
movable and/or immovable assets against each other and/or
his/her family members nor they will interfere in the lives
of each other henceforth.
Hence forth, neither party would stake any claim on
the movable or immovable, joint or ancestral, self acquired
or HUF, properties of each other or their families (Father,
mother, grandfather, grandmother etc). No case or litigation
in this regard will be filed/made in any court of law by the
petitioner Swikrati Singh Agarwal or respondent Tushar
Agarwal or anybody else on their behalf.
. 14. The petitioner Swikrati Singh Agarwal further
agrees that neither she nor anybody else on her or minor son
Anay’s behalf, shall file any case claiming maintenance or
any share in property or any other sum from the respondent
Tushar Agarwal or his family or H.U.F. U/s 125 of Cr. P.C.,
Section 24 of Hindu Marriage Act., Section 18 and 20 of Hindu
Adoptions and maintenance Act, Domestic Violence Act or any
other law applicable in India.
. 15. Further, the petitioner wife Swikrati Singh
Agarwal agrees that she will take adequate care to maintain
herself and minor son Anay Agarwal, with the substantial sum
of Rs. 30 lakhs given to her as final settlement in this
agreement, towards her and minor son Anay’s all expenses
(including but not limited to living expenses, education,
medical treatment, travel and entertainment, housing and
shelter, food and clothing, recreation, accident and theft,
calamity, sickness, insurance claims etc. and all other needs
whatsoever).
. 16. The welfare of the child shall be of paramount
interest of both the parties at all times. If at any time,
the petitioner Swikrati Singh Agarwal is unable to take care
of the financial and/or other needs of the child Anay
Agarwal, she will hand over the custody of the child Anay
Agarwal to the respondent Tushar Agarwal.
. 17. That both the parties are maintaining a Joint
Saving Bank Account No. 31109695502 in the joint names along
with father of respondent Tushar Agarwal in State Bank of
India, Saket Branch, New Delhi and petitioner wife Swikrati
has signed the necessary documents so that her name could be
deleted from the said account or the account is closed.
. 18. 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.
. 19 The parties undertake 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.
4. The parties have made a joint application (IA No. 3 of
2014) under Article 142 of the Constitution of India read with section
13B of the Hindu Marriage Act, 1955 (for short "1955 Act") praying
therein that the marriage between the parties be dissolved by mutual
consent and a decree of divorce be passed.
5. Although in paragraph 9 of the settlement, it is agreed
between the parties that an application for dissolution of marriage by
mutual consent shall be made at Family Court, Jhansi which is also
repeated in para 11, but having regard to the statement recorded in
para 7 of the settlement and the fact that parties have settled
their disputes amicably, we are satisfied that this is a fit case
where we should exercise our jurisdiction under Article 142 of the
Constitution of India, dispense with the mandatory period provided
under section 13B of 1955 Act and grant a decree of divorce by mutual
consent.
6. We, accordingly, dissolve the marriage between the parties
and grant decree of divorce by mutual consent. All pending
proceedings (civil and criminal) between the parties stand terminated.
7. The undertakings given by the parties in the settlement
are accepted.
8. Transfer Petitions and I.A. No. 3 of 2014 are disposed of
accordingly. No costs.
.......................J.
( R.M. LODHA )
.......................J.
NEW DELHI; ( S.A. BOBDE )
MARCH 14, 2014.
ITEM NO.51 COURT NO.2 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(s). 1577 OF 2012
SWIKRATI SINGH AGARWAL Petitioner(s)
VERSUS
TUSHAR AGARWAL Respondent(s)
(With appln(s) for stay and office report )
IA No. 3 (appln. for divorce by mutual consent)
WITH T.P.(C) NO. 422 of 2013
(With appln. for stay and office report)
Date: 14/03/2014 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE R.M. LODHA
HON’BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Ms. Anjana Mathur Gupta, Adv.
Ms. Kamakshi S. Mehlwal,Adv.
TP 422 Mr. Arvind Kumar Sharma, Adv.
For Respondent(s)
TP 1577 Mr. Arvind Kumar Sharma,Adv.
TP 422 Ms. Anjana Mathur Gupta, Adv.
Ms. Kamakshi S. Mehlwal, Adv.
UPON hearing counsel the Court made the following
O R D E R
Transfer Petitions and I.A. No. 3 of 2014 are disposed of in terms of signed order. No costs.
|(Pardeep Kumar) | |(Renu Diwan) | |AR-cum-PS | |Court Master |
[SIGNED ORDER IS PLACED ON THE FILE]