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2015 Supreme(SC) 529

SUPREME COURT OF INDIA
Sudhansu Jyoti Mukhopadhaya, Vikramajit Sen, JJ.
Kunal Sudhir Sangani - Appellant
Vs.
Ishita Sangani - Respondent
Civil Appeal Nos. 1210-1211 of 2015 (Arising out of SLP(c) Nos. 35325-35326 of 2014)
Decided On: 27-01-2015

Advocates:
Advocate Appeared:
For Appellant : K.V. Vishwanathan, Sr. Adv., Kshatrashal Raj, Satyan Vaishnawa, Kumar Shashank, Nandita Bajpai, Aakanksha Nehra, Advs. and Parekh & Co.
For Respondents: Nikhil Nayyar, Darshan R. Mehta, Dhananjay Baijal, Akanksha and N. Sai Vinod, Advs.

Headnote:

Hindu Marriage Act, 1955 - Section 13B - Interim Application - Decree of Mutual Consent - Permanent alimony - It is agreed by and between parties hereto that Petitioner agrees and declares that permanent alimony of a sum deposited by Petitioner in Family Court Bandar Mumbai together with interest accrued if any be paid over to Respondent forthwith in full and final settlement of all her claims - Respondent admits that she has taken all her ornaments jeweler belongings from custody of Petitioner and has no claim of any nature whatsoever in respect thereof against Petitioner and/or any of his family members - Held, Parties agree to request this Hon’ble Court to grant Decree of Divorce Under Section 13B of Hindu Marriage Act, 1955 being Divorce by Mutual Consent treating Mediation Settlement Terms February as First Motion as provided Under Section 13B of Hindu Marriage Act, 1955 and present Consent Terms as Second Motion and grant Decree of Divorce by Mutual Consent - Parties undertake to withdraw all allegations made against each other - In view of settlement reached between parties court set aside impugned order October passed by Division Bench of High Court of Judicature at Bombay in Family Court Appeal in Interim Application in MJ Petition with Civil Application in F.C.A. and other orders as were passed by Family Court in case pending between parties and dispose of this appeal in terms of settlement reached between parties - Appeal disposed of

ORDER

1. Leave granted. This appeal has been filed by Appellant - husband against order dated 7th October, 2014 passed by Division Bench of the High Court of Judicature at Bombay in Family Court Appeal No. 230 of 2014 in Interim Application No. 71 of 2014 in M.J. Petition No. A-685 of 2013 with Civil Application No. 291 of 2014 in F.C.A. No. 230 of 2014. By the impugned judgment, the High Court allowed the appeal preferred by Respondent - wife and set aside the order passed by the Family Court, Mumbai and remanded the matter back to the Family Court for reappraisal.

2. The dispute being between husband and wife, the case was adjourned on the request of the parties so that they could settle the dispute among themselves. A consent term of settlement has been filed by parties supported by affidavit filed by Appellant - Kunal Sudhir Sangani and Respondent - Ishita Sangani, relevant portion of which reads as follows:

"Consent Terms

1. The parties agree and admit that the marriage solemnized on 8th February, 2011 between them be dissolved by Decree of Mutual Consent in terms of Section 13B of Hindu Marriage Act, 1955.

2. It is agreed by and between the parties hereto that, the Petitioner agrees and declares that the permanent alimony of a sum of Rs. 1,11,00,000/- (Rupees One Crore Eleven Lakhs only) deposited by the Petitioner in the Family Court Bandra, Mumbai together with interest accrued if any be paid over to the Respondent forthwith in full and final settlement of all her claims.

3. The Respondent admits that she has taken all her ornaments, jewellery, belongings from the custody of the Petitioner and has no claim of any nature whatsoever in respect thereof against the Petitioner and/or any of his family members.

4. It is agreed by and between the parties that the Petitioner has made a Fixed Deposit of Rs. 50,00,000/- (Rupees Fifty Lakhs only) in joint names of the Petitioner and minor child Miraaya with Union Bank of India, Fort Branch, Mumbai, with written instructions that monthly interest thereon be transferred by ECS to the Joint Account of Miraaya and the Respondent being A/c. No. 266200100007428 of Saraswat Bank, Matunga Branch, Mumbai. The said Fixed Deposit shall be initially for a period of 10 years and shall be renewed regularly till Miraaya attains the age of 20. A photocopy of the Fixed Deposit Receipt is enclosed herewith as Exhibit 'A'.

6. The parties further undertake that they shall not create any charge of lien on the said Fixed Deposit and it shall be free from any encumbrances, of any nature whatsoever.

7. At the age of 20 years the principal amount of Rs. 50,00,000/- shall be transferred in the Bank Account of Miraaya. The original Fixed Deposit Receipt shall be forthwith handed over to the Respondent and she will hand over the same to the Petitioner to renew the same on the date of maturity. The Petitioner undertakes to forward to the Respondent the original Fixed Deposit Receipt pursuant to its renewal as per Clause 5 hereinabove.

8. The Respondent shall have permanent custody of minor child Miraaya. It is agreed by and between the parties that the Petitioner shall have access to minor child Miraaya as follows:

(i) The Petitioner shall have overnight access to minor child Miraaya at his residence on a mutually decided day once every month for a period of three (3) months, from the date hereof.

(ii) After three months from the date hereof, the Petitioner shall have overnight access to minor child Miraaya twice a month i.e. once a fortnight on the day mutually decided by the Petitioner and the Respondent for the next three months.

(iii) After six months from the date hereof, the Petitioner shall have overnight access to the minor child Miraaya, once every weekend on the day mutually decided between the parties and all such access shall be for a period of 24 hours.

9. Presently the Minor child Miraaya is studying in pre-primary at Singapore International School at Churchgage. It is agreed by and between the parties that















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