IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Transfer Petition(Civil) No.3188/2023 BLESSON MATHEW Petitioner(s)
VERSUS SWETA MARIAM GEORGE Respondent(s)
O R D E R
1. This Transfer Petition is filed by the petitioner – husband seeking transfer of Divorce Petition under Section 10(x) of the Indian Divorce Act, 1869 titled “Sweta Mariam George vs Blesson Mathew”, filed by the respondent – wife, pending before the Family Court, Ettumanoor, Kottayam District, Kerala State to the Family Court at South West District, Dwarka Courts, New Delhi.
2. During the course of proceedings, the parties have arrived at an amicable settlement through the process of mediation on 29-7-2024. The said Settlement Agreement has been placed on record which is signed by the parties, their respective Advocates as well as the Signature Not Verified Digitally signed by VISHAL ANAND Date: 2024.09.13 Reason:
Mediator. The said Settlement Agreement reads as under:-
“This Settlement Agreement is entered into between Petitioner- Mr. Blesson Mathew S/o Mr. Joy Mathew, R/o. C-1A Block Janakpuri - 110058, (here in after referred to as Petitioner- Husband) and Ms Sweta Mariam George B-301 Kailash Towers IGNOU Road Saidulajab, Delhi - 110030 (here in after referred to as Respondent).
1.Whereas the marriage between the petitioner and respondent wife was solemnized as per Christian Rights and ceremonies on 21.12.2019 at Changanacherry, Kerela. After marriage parties resided together at Delhi and there is no issue out of wedlock;
2. Both the parties resided together as husband and wife till 01.01.2021, and thereafter disputes and differences arose between the parties in May 2021. She was staying at Bangalore from 2016 due to her PHD Course at the Indian Institute of Science, Bangalore. The respondent wife, at her free will, filed Divorce Petition no. 1429 of 2022 before the Family Court at Ettumanoor, Kerela seeking dissolution of marriage.
3. Whereas Hon'ble Supreme Court vide Order dated 16.04.2024 in Transfer Petition (Civil) No. 3188 of 2023 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 25.04.2024, 06.05.2024, 15.05.2024, 08.07.2024 (physical and virtual both) and today i.e. 29.07.2024 (physically for signing of the present Settlement Agreement).
4. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent:-
A. It is agreed between the parties that they will move an application jointly before the Hon'ble Supreme Court under Article 142 of Constitution of India for invoking inherent powers of the Hon'ble Supreme Court praying for divorce by mutual consent as parties are staying separately since 01.01.2021 i.e. for the last more than 3 years and there is irretrievable break down of the marriage. All possible opportunities and avenues were explored by the Petitioner for Restitution of marriage and for Respondent-Wife to return to wedlock but the Respondent wife did not agree.
B. It is further agreed between the parties that if Hon'ble Supreme Court is pleased to allow application filed by both the parties under Article 142 of Constitution of India then the Petitioner - wife shall withdraw Divorce Petition.
5. That the Petitioner and the Respondent have agreed that none of them will initiate any other legal action or complaint against each other or against the family members of each other in respect of their matrimonial dispute in future. The Respondent-Wife will withdraw, whether false or true, any and all allegations/averments, made against the Petitioner in any Court anywhere in India. Furthermore, this agreement being signed by the Petitioner is not in any Coercion but in request by Respondent-Wife to settle the matter. In this regard, the Petitioner has obliged for his consent to Respondent Wife.
6. That subject to the aforesaid terms, the parties have resolved all the disputes amicably in relation to the marriage and have been left with no claims against each other or their respective family members.
7. That by signing this Agreeme
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