The court granted a mutual consent divorce with specified conditions for permanent alimony and child support, emphasizing the child's welfare in visitation arrangements.

ORDER :

1. The Transfer Petition (Civil) No.2209 of 2023 is filed by Smriti Singh-the wife, for transfer of H.M.A. No.889 of 2023 titled as “Kumar Kislay vs Smriti Singh” from the Family Court, Gautam Budh Nagar, Surajpur, Greater Noida, Uttar Pradesh to Family Court at Patna. On the other hand, Kumar Kislay–the husband has filed the Transfer Petitions (Criminal) Nos. 1014-1015 of 2023 seeking transfer of Domestic Violence Application No.129/2023 and Maintenance Case No.113/2023, both titled “Smriti Singh vs Kumar Kislay”, from Family Court at Patna to Family Court of Gautam Budh Nagar, Surajpur, Greater Noida, Uttar Pradesh.

2. Additionally, an application being I.A.No.3432 of 2025 has been filed by the husband in Transfer Petition Nos.1014-1015 of 2023 praying for dissolution of marriage and grant of decree of divorce by mutual consent by exercising this Court’s extraordinary power under Article 142 of the Constitution of India.

3. The brief facts leading to the petitions are as follows:

(a) Petitioner-husband and Respondent-wife got married on 11.12.2019 at Patna as per the Hindu rites and rituals. A girl child was born out of the wedlock on 13.12.2021. Parties are residing separately since 04.04.2022.

(b) After failed attempts of mediation, the wife filed maintenance case before the Family Court at Patna on 24.04.2023. The husband filed suit for divorce under section 13(1)(ia) of Hindu Marriage Act, 1955 on 31.05.2023. Further, the wife filed petition under section 12 of Domestic Violence Act, 2005 before the Judicial Magistrate at Patna.

(c) Now, both the parties have filed the captioned transfer petitions and the husband has filed an IA for dissolution of marriage under Article 142 of the Constitution of India.

4. Heard Mr. Vikas Singh, learned senior counsel for the Respondent-wife while the Petitioner-husband appeared in person. The Petitioner is a practicing Advocate in New Delhi working in a law firm.

5. The husband filed a note titled “Suggestions for the Hon’ble court to consider” in which he mentioned about his financial condition, permanent alimony and childcare and visitation rights. We have considered the same. The husband has agreed to pay a total amount of Rs.2,50,00,000/- (Rupees Two crore fifty lakh only) out of which Rs. 1,00,00,000/- (Rupees one crore only) would be towards permanent alimony for the wife, another Rs. 1,00,00,000/- (Rupees one crore only) to be paid in a separate account for education and childcare of the daughter and the balance 50 lakhs husband offered to pay over the period of 5 years or in alternative by way of Systematic Investment Plan (SIP) by depositing Rs.15000/- (Rupees fifteen thousand only) every month till the daughter attains age of 18 years which would work out to Rs. 1,45,14,640/- (Rupees one crore forty five lakh fourteen thousand six hundred forty only) after 15 years according to the husband. Lastly, with respect to visitation rights, he made the following requests:

(a) Video call for 30 minutes on Zoom/WhatsApp/Facetime application with the child twice a week;

(b) Physical meeting with the child in daytime till the child is 10 years old. The duration and frequence of meetings shall be mutually decided with the interest and comfort of the child being paramount;

(c) Mr.Kumar Kislay and his family shall have right to physically meet the child at Patna or any other location in India on alternate Saturdays;

(d) After the child becomes 10 years of age, visitation will include overnight custody of the child with Mr.Kumar Kislay, comfort of the child being paramount;

(e) Once the child starts attending school, Kumar be entitled to interim custody of child for 15 days during summer vacations and 4 days during the winter vacations. However, same can be rescheduled with prior intimation/notice to the other party one month in advance.

(f) Mr.Kumar Kislay be entitled to have interim custody of child for 6 hours a week prior or after on the following occasions:-

i. Diwali.

ii. Holi.

iii. Raksha Band