O R D E R

1. These transfer petitions at the instance of the petitioner- husband seek transfer of Matrimonial Case No. 2361/2022 and Matrimonial Case No. 2173/2022, both pending before the Principal Judge, Family Court at Varanasi to the Principal Judge, Family Court, Karkardooma Courts, District East Delhi, Delhi.

2. When the matters came up for preliminary hearing on Signature Not Verified Digita1lly s0ign.ed b0y1.2024, a statement was made on behalf of the petitioner-

ARJUN BISHT Date: 2024.08.23

16:37:37 IST Reason:

husband that some negotiations for out-of-Court settlement were going on, and hence notice was issued to facilitate the ongoing mediation proceedings between the parties before the Supreme Court Mediation Centre.

3. Such an effort was eventually made during the Lok Adalat proceedings, when the parties appeared before the District Legal Services Authority, Varanasi and entered into a settlement agreement. The said settlement agreement, duly signed by the parties, was forwarded by the State Legal Services Authority to this Court so that the matrimonial dispute could be amicably resolved under the aegis of the Special Lok Adalat held by this Court.

4. It seems that the respondent-wife has since changed her mind to the extent that instead of a lump-sum permanent alimony of Rs. 1 crore, she is demanding an additional amount of Rs.40 lakhs, i.e., a total sum of Rs.1,40,00,000/- is sought by her as permanent alimony. In addition, the petitioner-husband had agreed to make a fixed deposit of a sum of Rs. 1 crore in the account of their daughter, to secure her higher education. The petitioner-husband also agreed to bear all the expenses of their daughter as far as the schooling of the child from the sixth to twelfth standard was concerned, apart from also providing adequate amount for her future marriage, etc.

5. Today, the petitioner-husband has brought demand drafts bearing Nos.169696, 169690, 169691, 169692, 169693, 169694, 169697, 169695, 296918, 296919, 296920 and 296921 to the tune of Rs.1,20,00,000/- in favour of the respondent-wife in addition to the amount deposited in the name of the minor child.

6. While the petitioner-husband is present in-person, the respondent-wife has joined the proceedings online. Their learned counsels are also present and have been heard.

7. Before we could pass an appropriate order based upon the revised terms and conditions of the settlement between the parties, the respondent-wife has now raised another issue regarding the future custody of their daughter. It seems that the respondent-wife is not ready and willing to keep the custody of the child and wants the petitioner-husband to be the principal guardian of the child, with full custody.

8. Learned counsel for the petitioner-husband, on instructions from his client, states that the petitioner-husband is ready and willing to keep the custody of the child. That being so, we feel that the terms and conditions of the settlement signed earlier by the parties are required to be suitably revised.

9. Let the parties execute a fresh settlement agreement in which the revised amount of permanent alimony is indicated, along with the custody arrangement and visitation rights with respect to child specifically incorporated. The parties shall also be required to move a joint application under Article 142 of the Constitution of India to enable this Court to pass appropriate orders.

10. Let the needful be done before the next date of hearing.

11. Post these matters on 28.08.2024.

(ARJUN BISHT) (PREETHI T.C.)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR