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2010 Supreme(SC) 463

D.K.JAIN, C.K.PRASAD
Neeti Malviya – Appellant
Versus
Rakesh Malviya – Respondent


Advocates appeared:
For the Appellants :Satya Mitra, D.N. Pandey, Sanjay Jain, Advocates. For the Respondents:Jasmine Damkewala, Sourabh Seth for M/S. Karanjawala & Co., Advocates.

Judgment :

This transfer petition has been filed by the petitioner-wife, seeking transfer of the Divorce Petition M.C. No.2168 of 2006 titled as Rakesh Malviya Vs. Neeti Malviya, filed by the respondent-husband, from the court of Additional Principal Judge, Family Court, Bangalore (Karnataka) to the Family Court, Hoshangabad (Madhya Pradesh).

2. After issuance of notice on 7th December 2007, efforts were made on various occasions to bring about a comprehensive settlement of the matrimonial discord between the parties. On 6th September 2008, the parties agreed for mediation. Accordingly, the parties were referred to the Delhi High Court Mediation Centre. Ultimately, in proceedings before the Supreme Court Lok Adalat held on 25th April 2009, it was reported that the parties had arrived at a settlement. The settlement agreement dated 24th April 2009 was taken on record. The relevant portion of the order passed on 25th April 2009 is extracted below:

"...One of the terms so agreed upon is that the husband is to pay to the wife an amount of Rupees sixty five lakhs on or before 28th February, 2010. It is now agreed before us that the said amount of Rupees sixty five lakhs shall be deposite

















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