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2024 Supreme(Online)(SC) 939

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO(S). 2626/2023

SNEHA SINGH PETITIONER(S)

VERSUS

ASHWANI KUMAR RESPONDENT(S)

ORDER

Heard the learned counsel appearing for the parties.

We have perused the Settlement Agreement dated 8th April, 2024, which is placed on record. The Settlement Agreement is duly signed by both the parties and their respective learned counsel before the learned Mediators attached to the Supreme Court Mediation Centre.

The marriage between the petitioner (Sneha Singh) and the respondent (Ashwani Kumar) was solemnized on 7th July, 2021. The petitioner and the respondent have been residing separately from 26th August, 2021. It is stated that the marriage has not been consummated and the same has irretrievably broken down. Therefore, they are seeking exercise of the power of this Court under Article 142 of the Constitution of India for dissolving the marriage by mutual consent.

A sum of Rs.5,00,000/- (Rupees Five Lakhs) has been admittedly paid by the respondent to the petitioner earlier. Today, a sum of Rs.20,00,000/- (Rupees Twenty Lakhs) has been admittedly transferred by the respondent to the petitioner through RTGS.

Thus, there is no dispute that in terms of Clause 3 of the Settlement Agreement, the respondent has paid a total amount of Rs.25,00,000/- (Rupees Twenty-five Lakhs) to the petitioner. Digitally signed by ASHISH KONDLE Date: 2024.04.27 13:47:49 IST Reason:

    Signature Not Verified In the facts and circumstances of the case, we are of the view that this is a fit case to exercise the jurisdiction of this Court under Article 142 of the Constitution of India to dissolve the marriage solemnized on 7th July, 2021 between the petitioner (Sneha Singh) and the respondent (Ashwani Kumar). Accordingly, we pass the following order:
    i.
    The marriage between the petitioner (Sneha Singh) and the respondent (Ashwani Kumar) solemnized on 7th July, 2021, is hereby dissolved by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955;
    ii. Divorce Petition No.1573 of 2023 pending before the learned Principal Judge, Family Court, Lucknow, Uttar Pradesh, is disposed of in terms of this order;
    iii. In view of the settlement, First Information Report No.03 of 2023 registered with Mahila Police Station, Dehri, Rohtas, Bihar, as well as the proceedings based on the said First Information Report, are hereby quashed and set aside;
    iv. The material terms and conditions of the settlement are in Clauses 1 to 16, which read thus:
    “1.
    The Parties hereto confirm and declare that they have voluntarily and of their own free will, decided not to live together as husband and wife as their wedlock has now virtually become a deadlock and chances of reunion had completely faded away and there are complete destruction of the essence of marriage between parties and the same has already irretrievably broken down.

2. In the background of the circumstances and keeping in mind the deleterious effect of the continuance of a sterile marriage on their future lives, the Parties agree to divorce by mutual consent as they feel this is the only just and proper way to allow them to spend their remaining period of life happily with contentment instead of being compelled to lead a miserable life without any constructive purpose.

3. In consideration of the above, the Second Party agrees to pay a lump sum amount of Rs.25,00,000/- (Rupees Twenty-Five Lakhs only) to the First Party in full and final settlement of all her claims (past, present, and future) towards stridhan, residence, permanent alimony, and maintenance either by way of DD or through RTGS/NEFT (hereinafter referred to as the “Settlement Amount”) in the name of Sneha Singh Bank Account No. 4449939679, IFSC KKBK0005322.

4. In addition to the aforesaid amount, the Parties have agreed to exchange among themselves all household appliances, furniture, utensils etc., clothes, accessories, watches, shoes, etc. along with the gold/s



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