NARESH SHARMA vs ROLI SHARMA - 2024-01-03

O R D E R

We are happy to record that a Settlement is arrived between the parties through successful mediation by the Supreme Court Mediation Centre. The parties are present in the Court. We have gone through the Settlement Agreement and have taken it on record.

As per the Settlement Agreement, certain cases, mentioned in paragraph 5 of the Settlement Agreement are to be withdrawn by the parties.

Further, the settlement evidences that an amount of Rs.29 lakhs has been agreed to be paid by the petitioner-husband to the respondent-wife. Out of this, Rs. 10 lakhs have already been paid and the remaining amount of Rs.19 lakhs is to be paid as mentioned in paragraph 7 of the Settlement Agreement.

Paragraph 8 also evidences the agreement of the parties to move a joint application for a Decree of Divorce by mutual consent invoking the inherent power under Article 142 of the Constitution of India.

After having perused the Settlement Agreement, we are of the view that this is a fit case for exercising power under Article 142 of the Constitution of India to dissolve the marriage between the parties. Hence, we pass the following

order:

(1) The petitions and proceedings initiated being; the Divorce Petition bearing H.M.A./Main Petition No. 877 of 2021, Maintenance Case No.487/2021,Execution petition Bearing Ex- Crm No. 464 of 2023 and Ex- Crm No. 454 of 2023, D.V. Act bearing C.T. Case No.979/2021 pending before the Family Court, Karkardooma, Delhi alongwith the FIR No.465/2021 registered with Police Station Bhajanpura, District North-East (Delhi) as well as Sessions Case No.1429 of 2021 arising out FIR/Crime Case No.1155/2020 Police Station, Kotwali Shahar/Nagar, District Bulandsahar pending before the Additional Sessions Judge-III, Bulandsahar and petition bearing application u/s 482 no 475 of 2022 pending before the Hon’ble High Court Judicature at Allahabad for quashing are directed to be withdrawn by the parties.

(2) The remaining amount of Rs.19 lakhs is to be paid to the respondent as per the Settlement Agreement.

3) In exercise of our powers under Article 142 of the Constitution, the marriage solemnized between the parties on 29.01.2020 is hereby dissolved by a decree of divorce under Section 13-B of the Hindu Marriage Act, 1955; and 4) The parties shall diligently abide by all the terms of the Settlement Agreement.

5) The registry shall draw decree of divorce incorporating all the terms and conditions of the Settlement.

The transfer petition is disposed of in above terms.

………………………………………J.

[PAMIDIGHANTAM SRI NARASIMHA]

………………………………………J.

[ARAVIND KUMAR]

New Delhi January 3, 2024.

ITEM NO.1 COURT NO.16 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). 316/2023 NARESH SHARMA Petitioner(s)

VERSUS ROLI SHARMA Respondent(s)

(Mediation Report has been received.

IA No. 25832/2023 - EX-PARTE STAY IA No. 25833/2023 - EXEMPTION FROM FILING O.T.)

Date : 03-01-2024 This petition was called on for hearing today CORAM :

HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Rahul Kaushik, Adv.

Mr. Chandra Kant Sharma, Adv.

Mr. Gopi Chand, Adv.

Mr. Shashank Bajpai, Adv.

Mr. Supragya Ram Mishra, Adv.

Mr. Shubhankar Singh, Adv.

Mr. Abhinav Garg, Adv.

Mr. Shbhanshu Sharma, Adv.

Mr. Parmeshwar Kumar Dixit, Adv.

Ms. Bhuvneshwari Pathak, AOR For Respondent(s) Mr. Yadav Narender Singh, AOR Mr. Mukesh Kumar Verma, Adv.

Mr. Ajay Aggarwal, Adv.

Mr. Dr. Kamal Singh, Adv.

Mr. Sumit Anchal, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The transfer petition is disposed in terms of the signed order.

Pending applications, if any, shall stand disposed of.

(INDU MARWAH) (NIDHI WASON)

COURT MASTER (SH) COURT MASTER (NSH)

(signed order is placed on the file)