SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(SC) 978

SUPREME COURT OF INDIA
Sudhansu Jyoti Mukhopadhaya and Prafulla Chandra Pant, JJ.
Anju Garg - Petitioner
Versus
Vikas Garg - Respondent
Transfer Petition (Civil) No. 1862 of 2013 With Transfer Petition (Civil) No. 550 of 2014.
Decided On : 24.9.2014.

Advocate Appeared:
For the Petitioner:Mr. Vishnu Tayal, Mr. Vishnu Sharma and Mr. Joseph Aristotle S., Advocates.
For the Respondent:Mr. H.D. Thanvi, Mr. Rishi Matoliya and Mr. Sarad Kumar Singhania, Advocates.

Headnote:

Hindu Marriage Act - Section 13B –Transfer Petition – Decree of dissolution of marriage by mutual consent – Amicable Settlement - Petitioner (wife) for transfer of two cases in which respondent (husband) and his relatives have been impleaded as party respondents. Initially, matter was referred to Mediation Centre of this Court but mediation failed later on parties appeared before Court and requested to adjourn matter to enable them to settle dispute amicably - A Joint Settlement Agreement has been filed by parties signed by (wife) and (husband) relevant portion of which - Held, Neither of parties shall file any complaint/suit/petition/FIR and/or any other proceedings in the future before any court of law/any authority in relation to this matrimonial dispute - Both parties undertake that there is no other complaint/petition/suit/FIR pending against each other as mentioned above and if the same is found, the same shall stand null and void and compromised in terms of this "Settlement Agreement - Parties are given liberty to file joint petition for dissolution of marriage by mutual consent under Section 13B of Hindu Marriage Act in Family Court with a petition for waiver of statutory period of six months - Such petition be filed by parties within 15 days - Transfer petitions disposed of.

ORDER :

1. These transfer petitions have been preferred by petitioner - Ms. Anju Garg (wife) for transfer of two cases in which respondent Mr. Vikas Garg (husband) and his relatives Mr. Ramesh Garg & Ors. have been impleaded as party respondents. Initially, the matter was referred to Mediation Centre of this Court but mediation failed later on parties appeared before the Court and requested to adjourn the matter to enable them to settle the dispute amicably.

2. A Joint Settlement Agreement has been filed by parties signed by Ms. Anju Garg (wife) and Mr. Vikas Garg (husband) relevant portion of which reads as follows :

"2. That the parties are living separately since October, 2012 and there exists no more willingness of the parties to reside and cohabitate together anymore due to irreconcilable differences, therefore the parties have decided to dissolve the marriage between them by mutual consent. In order to resolve the dispute between the parties they i.e. the petitioner and respondent herein have arrived at the settlement. Details of litigation pending between the first and second party is as under :

Cases filed by the Petitioner/The party of first part

1. FIR NO. 46/2012 lodged at P.S. Mahila Thana Sonipat Haryana and further proceedings arising out of the said FIR.

2. A case under Section 125 Cr.P.C. being petition No. 99/2013 pending before the Ld. District Judge/Family Court, Sonipat, Haryana;

3. A petition under Section 12 of the D.V. Act, 2005 being case no. 278/2013 pending before the Ld. CJM Sonipat;

4. The present T.P.(Civil) No. 1862/2013 before this Hon'ble Court;

5. And another Transfer Petition No. 550/2014 before this Hon'ble Court;

Cases filed by the Respondent/The part of second part

1. A divorce Petition being O.P. No. CO 526 of 2012;

2. A Revision Petition No. CRRF 115 of 2014 filed before the Punjab and Haryana High Court at Chandigarh;

3. A Revision Petition No. CRR 1787 of 2014 filed before the Punjab and Haryana High Court at Chandigarh;

4. A Revision Petition No. CRR 2398 of 2014 filed before the Punjab and Haryana High Court at Chandigarh;

5. A case filed by the father of the respondent/second part being case no. 276 of 2012 pending before the District Judge Jodhpur titled as Ramesh Kumar Garg v. Anju Garg & Ors.

That there is no possibility or probability of the parties to the agreement to live together as husband and wife in future and thus they have mutually agreed that the marriage be dissolved by way of mutual consent. Both the parties have amicably settled all their disputes and both parties are in sound and disposing mind and under no Fear, Fraud, Influence, Coercion or under any force or compulsion have mutually agreed to end this matrimonial relation on terms and conditions hereinafter mentioned:

3. NOW THE DEED OF AGREEMENT/COMPROMISE AS UNDER :

1. That it has been mutually agreed between the parties that party of the Second Part shall pay Rs. 11,50,000/- (Rupees Eleven Lacs and Fifty Thousand Only) by way of Demand Draft, as detailed hereinafter, in total as FULL AND FINAL PAYMENT AND SETTLEMENT to the party of the First Part in respect of her entire and all other claims towards cost of maintenance i.e. present, past and all future maintenance, also towards all other claims that First Party may have against party of the Second Part due to said legal relation that includes claims with respect to dowry, Streedhan, Alimony, gifts, expenditure, or any other claim what so ever that the party of the First Part may claim against party of Second Party due to said matrimonial relation. The party of the first part will have no right of claim on any of the property movable or immovable, self acquired, ancestral, joint or HUF of the Second Party or his parents, or his family for any past, present or future claims which have all been settled in terms of the present Consent Terms.

2. That it has been further mutually agreed that both the parties shall pray before this Hon'ble Supreme Court to transfer to itself the matrimo


































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top