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(2024) Law Today Live Doc. Id. 18949 = 2024(1) L.A.R. 186
Decided on: 24.01.2024
For Petitioner(s):
Mr. Mojahid Karim Khan, Adv., Mr. Vishal Vikram Rana, Adv., Mr. Ujjwal Singh, AOR
For Respondent(s):
Mr. Anubhav Tyagi, Adv., Ms. Ekta Mudgil, Adv., Mr. Kuldeep Jauhari, Adv., Mr. Karan Ahuja, Adv., Ms. Alka Nupur Singh, Adv., Ms. Nandini Aggarwal, Adv., Ms. Manju Aggarwal, Adv., Mr. Gaurav Pachauri, Adv., Mr. Hitanshu Uttreja, Adv., Mr. Vedansh Lahani, Adv., Mr. Nilesh Kumar, Adv., Mr. Nishant Sharma, Ad., Mr. Divang Shrotriya, Adv., Mr. Amish Aggarwala, AOR
Hindu Marriage Act, 1955 (25 of 1955), Section 13, 13-B -- Code of Civil Procedure, 1908 (V of 1908), Section 25 – Constitution of India, Article 142 -- Divorce – Transfer petition -- Settlement arrived between parties – Pending cases quashed -- Joint Application filed by the parties under Article 142 of the Constitution -- Terms of the settlement are lawful and there is no legal impediment in accepting the same -- Consequently, invoking jurisdiction under Article 142 of the Constitution of India, the marriage between the parties dissolved by a decree of divorce by mutual consent -- Transfer Petition disposed of.
(Para 8-16)
ORDER
1. This Transfer Petitions has been filed under Section 25 of the Code of Civil Procedure, 1908 (for short “CPC”). The petitioner has sought the following reliefs:
(a) Transfer of Matrimonial Case No.3162/2022 under section 13 of the Hindu Marriage Act, 1955 in the matter of Varun Srivastava Vs. Amita Chandra pending before the Ld. Additional Principal Judge Family Court-III, Kanpur Nagar, Uttar Pradesh to the Ld. Family Court, Patna, Bihar or competent court at Patna; and
(b) Pass such further or other orders, as are deemed fit and necessary in the facts and circumstances of the case.”
2. During the pendency of this case, the parties have arrived at a settlement vide Settlement Agreement dated 23.01.2024.
3. Learned counsel for the respective parties submitted that the parties have resolved their disputes and they have signed a Settlement Agreement dated 23.01.2024; that the parties have decided to seek dissolution of their marriage by a decree of divorce by mutual consent in terms of the Settlement Agreement dated 23.01.2024; that one of the terms of the Settlement Agreement is that the respondent shall pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) to the petitioner in full and final settlement of all claims of the petitioner as against the respondent.
4. It is also submitted that the respondent has returned the jewellery items as mentioned in Annexure ‘A’ to the Settlement Agreement to the petitioner herein who has acknowledged the receipt of the said items.
5. The parties have also agreed that the cases filed inter se between them shall stand quashed.
6. Learned counsel for the respective parties also submitted that the parties have filed a joint application under Article 142 of the Constitution of India seeking dissolution of their marriage by a decree of divorce by mutual consent. Therefore, the Settlement Agreement as well as the joint application may be taken on record and accordingly, the Transfer Petition may be disposed of by granting the prayers sought for by the parties herein.
7. The parties are present before this Court. They have been identified by their respective counsel.
8. When queried by this Court, they stated that they have indeed arrived at a settlement in terms of the Settlement Agreement dated 23.01.2024. They further stated that they would abide by the terms of the settlement which have been arrived at by them on their own free volition without there being any coercion or undue influence from any side. They further stated that they are agreeable for this Court to pass a decree of divorce by mutual consent.
9. Learned counsel for the respondent has handed over a demand draft for a sum of Rs.20,00,000/- to the learned counsel for the petitioner who has handed over the same to the petitioner who has acknowledged the receipt of the same.
10. The petitioner has also acknowledged the receipt of the jewellery items as per Annexure ‘A’ appended to the Settlement Agreement dated 23.01.2024.
11. The parties have also agreed that the following cases shall stand quashed:
“2. ...
(a) Matrimonial Case No.3162 of 2022 titled as “Varun Srivastava vs Amita Chandra” before the court of Ld. Additional Principal Judge, Family Court-III, Kanpur Nagar, Uttar Pradesh.
(b) Complaint (bearing Complaint Case No.3797/2023 titled as “Smt. Rachna Srivastava vs Smt. Amita Chandra” under Domestic Violence Act before the Chief Metropolitan Magistrate, Kanpur against the Second Party.
(c) Civil Suit against the Second party bearing O.S. No.1488/2023 titled as “Varun Srivastava vs. Amita Chandra & Ors.” before the Court of Civil Judge, Bengaluru Rural.
(d) Criminal complaint against the Second Party bearing Case No.854/2023 titled as “Varun Srivastava vs. Amita Chandra & Ors.” before the Court of Chief Judicial Magistrate, Bengaluru Rural.
(e) Complaint (bearing Complaint Case No.1071/2023 titled as “Amita Chandra vs. Varun Srivastava” before CJM Div. Patna Sadar against the First Party and other members of his family, which is pending, by exercising the powers under Article 142 of the Constitution of India.”
12. The aforesaid cases shall stand quashed.
13. Having taken on record the Settlement Agreement dated 23.01.2024 as well as the Joint Application filed by the parties under Article 142 of the Constitution and on perusal of the same, we find that the terms of the settlement are lawful and there is no legal impediment in accepting the same. Hence, the terms of the settlement are accepted by us. Consequently, invoking jurisdiction under Article 142 of the Constitution of India, the marriage between the parties which was solemnized at Kanpur, Uttar Pradesh on 27.01.2019 stands dissolved by a decree of divorce by mutual consent.
14. The Settlement Agreement dated 23.01.2024 shall form part and parcel of this order.
15. The Registry to draw-up a decree, accordingly.
16. Consequently, the Transfer Petition stands disposed of.
17. Pending application(s), if any, shall stand disposed of.
Order accordingly.
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