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2024 Supreme(Online)(SC) 7875

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.

2882 OF 2023

ANURADHA MISHRA

PETITIONER

VERSUS

AMIT MISHRA

RESPONDENT

ORDER

1.The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for divorce filed by the respondent-

    husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 bearing H.M.A.
    No.701 of 2022 titled as “ Amit Mishra Vs. Anuradha Mishra” pending before the Court of the Principal Judge, Family Court, Patiala House Court, New Delhi to the Court of Principal Judge, Family Court, Saran, Chapra, Bihar.

2. A joint application 1 has been filed by the parties stating inter alia that they have been able to arrive at a settlement before the Supreme Court Mediation Centre. The Settlement Agreement dated 15th May, 2024 has been placed on record. The terms and conditions of the settlement have been set out in para 5, whereunder the respondent-husband has agreed to pay a sum of 15,00,000/- (Rupees Fifteen₹ Lakhs only) to the petitioner-wife in full and final settlement of all her claims against him and his family members.

3.Learned counsel for the petitioner-wife submits that the aforesaid amount has been received by the petitioner-wife from the respondent-husband.

4.Learned counsel for the parties further state that there is no other litigation pending between the parties and further request that in view of the settlement arrived at between the parties, this Court may exercise its inherent jurisdiction under Article 142 of the Constitution of India to dissolve the marriage of the parties.

I.A. No.156685 of 2024

5.In view of the parties having arrived at a settlement and the fact that the marriage between the parties has been solemnized in the year 2019 and they separated in the year 2022, further there is no issue from the wedlock and the disputes is irreconcilable, we deem it appropriate to invoke the powers vested in this Court under Article 142 of the Constitution of India and dissolve the marriage between the petitioner-wife and the respondent-husband to serve the ends of justice.

6. The Settlement Agreement dated 15 th May, 2024 is taken on record and made a part of this order. The parties shall remain bound by the terms and conditions of the settlement agreement. A decree of divorce shall be drawn up accordingly.

7.We place on record our appreciation for the sincere work done by the Supreme Court Mediation Centre in facilitating the parties to arrive at a settlement.

8.The Transfer Petition is disposed of on the above terms. Pending application(s), if any, are disposed of.

………………..............................J.

( HIMA KOHLI ) ……………...................................J.

( SANDEEP MEHTA ) NEW DELHI 24 th JULY, 2024 GA ITEM NO.4 COURT NO.9 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION(S)(CIVIL) NO(S). 2882/2023 ANURADHA MISHRA PETITIONER(S) VERSUS AMIT MISHRA RESPONDENT(S) (FOR ADMISSION and IA No.222073/2023-STAY APPLICATION ) Date : 24-07-2024 This petition was called on for hearing today.

CORAM :

    HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s)Mr. Manjeet Singh, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s)Ms. Shivangini Gupta, Adv. Mr. Arun Wighmal, Adv. Ms. Manisha Ambwani, AOR UPON hearing the counsel the court made the following O R D E R The transfer petition is disposed of in terms of the signed order.
    Pending application(s), if any, are disposed of.
    (Nand Kishor) (Geeta Ahuja) Court Master (NSH) Assistant Registrar-cum-PS (Signed Order is placed on the file)
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