The court granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the irretrievable breakdown of the marriage and the settlement reached between the parties.

ORDER :

1. This petition has been filed seeking transfer of F.Suit No. 65 of 2023 titled as “Gulab Anmol Sonkar Vs. Aparna Rajeshkumar Sonkar” from the Family Court at Mahesana, Gujarat to the Family Court at Prayagraj, Uttar Pradesh.

2. The marriage between the petitioner and the respondent was solemnized on 05.02.2022, but their marriage survived only for three months and they have been living separately since 18.05.2022. Subsequently, on account of the marital dispute between the parties, the respondent filed a petition for Dissolution of Marriage, being F. Suit No. 65 of 2023, before the Family Court at Mahesana, Gujarat, which is sought to be transferred by present transfer petition to the Family Court at Prayagraj, Uttar Pradesh.

3. During the course of hearing, efforts were made to bring a mutual settlement between the parties and vide order dated 03.11.2023, the matter was referred to the Supreme Court Mediation Centre for an amicable settlement of the disputes. By virtue of the mediation and the efforts of both the parties, the settlement has been arrived at between the parties.

4. The parties were sent to Registrar (Judicial) for recording of statements in view of the settlement and Registrar was asked to prepare a report after going through the terms of the settlement of agreement. Consequently, the Registrar has filed a Report stating that he had interacted with the parties and there is no chance of them living together. Therefore, now parties pray that they may be granted a decree of divorce by mutual consent under Article 142 of the Constitution of India.

5. The terms of the Settlement Agreement dated 08.04.2024 are reproduced as under :

“SETTLEMENT AGREEMENT

This Settlement Agreement is entered into between PetitionerMs Aparna Rajeshkumar Sonkar W/o Gulab Anmol Sonkar, R/o. 208A/1, Nevada Colony, Near T.V. Tower, Dumand Road, Allahabad – Uttar Pradesh212301 (here in after referred to as Petitioner-Wife) and Mr. Gulab Anmol Sonkar R/oB/258, ONGC Nagar, Palavasna Mehsana, Gujarat 384003 (here in after referred to as Respondent-Husband).

1. Whereas the marriage between the petitioner and respondent wife was solemnized as per Hindu rites and ceremonies on 05.02.2022 at Prayagraj –U.P.

2. Both the parties resided together as husband and wife for sometimes and thereafter disputes and differences arose between the parties and thereafter, a petition seeking dissolution of marriage was filed on behalf of the respondent after which the present Transfer Petition was filed before this Hon’ble Court in which the present settlement agreement has been agreed upon between the parties.

3. Whereas the Parties have filed following cases against each other:

(i) Respondent filed F. Suit No. 65 of 2023 Under Section 13 (1) (1A) of Hindu Marriage Act, titled as Gulab Anmol Sonkar Vs Aparna Rajesh Kumar Sonkar pending before Principal Judge Family Court at Mahesana, Gujarat.

4. Whereas Hon’ble Supreme Court vide Order dated 03.11.2023 in Transfer Petition (Civil) No. 2458 of 2023 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 29.11.2023, 04.12.2023, 02.01.2024, 05.02.2024, 15.03.2024 (physical and virtual both) and today i.e. 08.04.2024 (physically for signing of the present Settlement Agreement).

5. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent:

A. That the parties have agreed that the Respondent-husband will pay to the Petitioner-wife a total sum of Rs.10,00,000/(Rupees Ten Lacs Only) today, thereafter Rs. 5,00,000/(Five Lacs Only) after three months (In July, 2024), thereafter Rs. 5,00,000/(Five Lacs Only) after three months(In October, 2024) towards full and final settlement (Rs. 20,00,000/Twenty Lacs Only) of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever.

B. It i