IN THE SUPREME COURT OF INDIA CRIMINAL & CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (Crl.) NO.864 OF 2024 CHETAN PETITIONER(S)

VERSUS MONIKA & ANR. RESPONDENT(S)

With TRANSFER PETITION (C) N O .3156/202 4

O R D E R

We have heard learned counsel for the parties.

2. The petitioner-husband and the respondent no.1-wife are present before us.

3. I.A. No.103285/2025, which is a joint application under Article 142 of the Constitution of India, has been filed along with an affidavit. Essentially, it records a settlement between the parties, which also seeks dissolution of the marriage by invoking powers under Article 142 of the Constitution of India and aims to give a quietus to all litigation between the parties, including issues concerning the custody of their three-year-old child.

4. We have interacted with the parties, and they have stated that the terms of the agreement have been arrived at voluntarily, without any coercion or duress. The same is reproduced hereinbelow:

Signature Not Verified “5. Both the parties hereto have arrived at an Digitally signed by NAVEEN D amicable mutual settlement on the following terms Date: 2025.05.09 Reason:

and conditions:-

(I) That the Petitioner Husband will pay Rs.1,55,000/- (Rupees One Lakh and Fifty Five Thousand Only) to the Respondent wile via Demand Draft This amount will be given to the Respondent wife in the name of Monika On the date of date of listing of the matter before Hon'ble Supreme Court and tme amount of Rs 20,000/- which is already lying in the account of Respondent Wife in the Bank of Baroda, in Basant Gaon Delte shall be withdrawn by the Respondent wife The Petitioner shall handover the passbook and other documents available with him pertaining to the said account.

(II) Both the parties hereto confirm and declare that they have voluntarily and of their own free will, decided to mutually part ways and obtain for Divorce by mutual consent. A separate application Under Article 142 will be filed by both the parties before this Hon'ble Court for praying for the grant of divorce and for disposal/ withdrawal all the pending case as mentioned the para 3.

(III) the Petitioner Husband will bring passbook/ any other documents of account in the bank of baroda at Basant Goan New Delhi in the name of the Respondent-wife on 10.04.2025.

(IV) That the Respondent wife shall withdraw all her clans/dues against the LIC Policy No.149274888 in her name and she has no objection if the LIC is being transferred/surrender/closed by the Petitioner-husband and she will not claim any right in the future pertaining to the above LIC Policy.

6. The Jewellery as per the list enclosed as Schedule A has already been handed over today i.e., 09.04.2025 to the Respondent wife and the same has been verified and accepted by the Respondent Wife.

7. The list of Articles/jewellery enclosed as Schedule-B, shall after being verified by the Respondent wife, will be transferred at the Respondent wife's address and the cost of transportation will born by the Petitioner husband on 10.04.2025.

8. The amount of Rs.1,55,000/- shall be paid by the husband by way of Demand Draft in the name of Respondent wife Monika as and when the matter is listed before the Hon'ble Court.

9. The Custody of the girl child shall be handed over to the Husband once complete payment has been received by the wife on the date of the listing of the matter alongwith all the documents pertaining to the daughter BHAVNI if any available with the Respondent wife.

10. The Petitioner husband shall have permanent custody of his daughter BHAVNI.

11. The Respondent wife shall have visitation rights regarding her daughter BHAVNI on the weekends specifically on second and forth Saturday or Sunday. The Respondent wife shall inform the Petitioner husband for handing over her daughter at any public place at Gurgaon for the purpose of visitation.

12. The Mother shall be informed about any major decision like marriage, school reports and other major decision regarding the Girl Chi