Parties are free to settle their disputes through mediation or other means, and the Court will facilitate such settlements.

JUDGMENT :

Biraja Prasanna Satapathy, J.

1. This matter is taken up through Hybrid Mode.

2. The wife is the Petitioner in all the aforesaid three transfer applications.

3. Since the parties are same in all the three transfer applications, all are heard analogously with the consent of the learned counsels appearing for the parties as well as with the consent of the petitioner and opposite party, who are present in person before this Court pursuant to the order passed on 12.12.2022.

4. The petitioner-wife while has prayed for transfer of CMC No.335 of 2020 from the Court of learned SDJM, Bhubaneswar to the Court of the learned SDJM(S), Cuttack in TRP(Crl.) No.49 of 2022, TRP (C ) No.251 of 2022 has been filed seeking transfer of C.P. No.375 of 2020 from the learned Judge, Family Court, Bhubaneswar to learned Judge, Family Court Cuttack. Similarly TRP (C) No.252 of 2022 has been filed seeking transfer of CP No.781 of 2020 from the self-same Court of learned Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Cuttack.

5. While CMC No.335 of 2020 was filed by the wife- petitioner under Section 12 of the Protection of Women from domestic Violence Act, 2005, CP No.375 of 2020 was filed by the opposite party-husband under Section 13 of the Hindu Marriage Act. Similarly, CP No.781 of 2020 has been filed by the petitioner under Section 18 of the Hindu Adoption and Maintenance Act.

6. Taking into account the dispute involved in the matter and the fact that the petitioner-wife is not ready to continue with her conjugal life any more with the opposite party husband, this Court in TRP (Crl.) No.49 of 2022 vide order dated 11.10.2022 in order to have a settlement of the disputes between the parties, sent the same for mediation to the coordinator Odisha High Court Mediation Center. Pursuant to the said order, though the parties appeared before the Mediator, but the mediator submitted the report on 30.11.2022 indicating therein that the mediation has become unsuccessful. But on the request made by the learned counsels appearing for the parties before this Court on 12.12.2022, the matter was fixed to 21.12.2022 with the understanding that the parties will appear along with their counsels before this Court on the said date. Pursuant to the said order passed by this Court on 12.10.2022, the petitioner and opposite party, who are same in all the three cases, appeared before this Court along with their respective counsels. Both the parties came to a settlement and as per the settlement made before this Court, the parties herein agreed to file a petition under Section 13-B of the Hindu Marriage Act before the learned Judge, Family Court, Bhubaneswar, who is in seisin of C.P. No.375 of 2020, on 27.02.2023. Both the parties also agreed that the husband will pay to the petitioner wife a sum of Rs.30,00,000/-(Rupees Thirty lakhs)towards permanent alimony and will return some articles which the opposite party has kept with him when the petitioner left her matrimonial house.

7. Taking into account such stand of the parties and this Court permits them to file a petition under Section 13-B of the Hindu Marriage Act on 27.02.2023, both the parties also agreed that on the date of filing of the petition on 27.02.2023, the husband-opposite party will pay a sum of Rs.15,00,000/-(Rupees Fifteen lakhs) by way of a Demand Draft drawn in favour of the wife and the said demand draft shall be made part of the record and will be enclosed along with the petition. It is also agreed that the husband will return the following articles to the wife on 27.02.2023 and in support of the same, the petitioner-wife will give an acknowledgement showing its receipt. The list of such articles agreed to be returned by the husband to the wife is indicated hereunder:-

1. One piece of ear-ring

2. One necklace (Female)

3. One ring (male)

4. Two rings (Female)

5. One Titan watch

6. One semi-automatic washing machine

7. One ring given to the sister in law

8. One wooden bed

9. One d