ORDER :

1. Interlocutory Application No. 3 of 2013 in Special Leave Petition (Civil) No. 25229 of 2012 has been listed today. This Special Leave Petition is from the order of maintenance. The parties are wife and husband respectively. They have settled their disputes amicably and a Memorandum of Settlement has been reduced into writing. By means of the above interlocutory application, it is prayed that order be passed in terms of the settlement and this Court may also grant decree of divorce as mutually agreed between them.

2. In the course of hearing, we were informed by the Learned Counsel for the parties that Civil Appeal No. 6018 of 2012 (arising out of S.L.P. (Civil) No. 24728 of 2011) between the same parties is also pending and it may be taken up along with the Special Leave Petition (Civil) No. 25229 of 2012 and the interlocutory application noted above.

3. At the request of the Learned Counsel for the parties, we directed the Registry to list Civil Appeal No. 6018 of 2012 by notifying the same immediately which has been done by the Office.

4. On 19.08.2013 when Interlocutory Application No. 3 of 2013 in Special Leave Petition (Civil) No. 25229 of 2012 came up for consideration, in the order it was noted that payments under Clauses (viii)(a) and (viii)(b) of the Memorandum of Settlement have been received by the Petitioner (wife) from the Respondent (husband). Since the parties have prayed for decree of divorce by mutual consent in exercise of our jurisdiction under Article 136 read with Article 142 of the Constitution of India, we directed the parties to remain personally present before this Court on September 20, 2013.

5. In pursuance of the order dated 19.08.2013, both parties are present. They stated before us that they had entered into the Memorandum of Settlement dated 17.07.2013 voluntarily, of their own free will and without any pressure from any quarter. They also admitted that the hand written corrections in para (iii), para (iv), para (viii)(a) and para (xi) have been made under their instructions.

6. The Memorandum of Settlement entered between the parties reads as under :-

"WITHOUT PREJUDICE

MEMORANDUM OF SETTLEMENT dated this 17 day of July, 2013 by and between Ms. VIMI VINOD CHOPRA AND Mr. VINOD GULSHANDEV CHOPRA

(i) Ms. Vimi Vinod Chopra and Mr. Vinod Gulshandev Chopra to divorce by mutual consent with custody of the minor children with the mother i.e. Ms. Vimi Vinod Chopra. Mr. Vinod Gulshandev Chopra will not institute any litigation claiming access/visitation rights with respect to the minor son. Ms. Vimi Vinod Chopra wilt not claim any maintenance/child support from Mr. Vinod Gulshandev Chopra.

(ii) Ms. Vimi Vinod Chopra will relinquish all her rights and claims in the Flat standing in the name of Mr. Vinod Gulshandev Chopra at 11-H-702, Neelam Nagar, Phase II, Mulund (East), Mumbai - 400 078, and handover peaceful and vacant possession of the same within a period of 4 months from the date on which the Order thereby recording the terms of this Settlement arrived at between the Parties is passed by the Hon'ble Supreme Court.

(iii) The Optra car bearing registration No. MH-04-BY-4660 registered in the name of Ms. Vimi Chopra shall be handed over to Ms. Vimi Chopra within a period of one week along with RC copy in original from the date of passing of order by the Supreme Court.

(iv) Ms Vimi Vinod Chopra shall surrender the 4 (four) lockers viz. 3 (three) in Shamrao Bank and 1 (one) in Axis Bank. Mr. Vinod Gulshandev Chopra shall also sign the closure forms. All the charges, whatsoever, shall be borne and paid by Mr. Vinod Gulshandev Chopra.

(v) Ms. Vimi Vinod Chopra will be entitled to withdraw the amounts lying deposited for the benefit of the three children in the Family Court, Bandra.

(vi) The papers, documents, IT papers, cheques, blank papers (if any) signed by Ms Vimi Vinod Chopra in the proprietary conc