O R D E R

1. Pursuant to this Court's order dated 10th January, 2024, the petitioner-wife and the respondent-husband are present today in Court.

2. Both of them agree that they have executed the Settlement Agreement dated 4th October, 2023. The agreement is signed by both of them and their respective advocates before the learned Mediator attached to the Supreme Court Mediation Centre.

3. The marriage between the parties was solemnized on 20th August, 2021. Thereafter, for a considerably long time, the parties have been residing separately. They are unable to reconcile their differences. Therefore, they have agreed to dissolve the marriage by a decree of divorce by mutual consent.

4. As agreed in terms of paragraph 5 of the Settlement Agreement, today the respondent-husband through his advocate has handed over two Demand Draft Nos.235516 and 660679 dated 5th February, 2024 in the sum of Rs.6,00,000/- (Rupees six lakhs) each to the learned counsel appearing for the petitioner. The demand drafts are handed over by the learned counsel for the petitioner to the petitioner-wife who is present in the Court.

5. The material terms and conditions of the settlement read thus:

"1. That the Parties agree that the marriage between them has irretrievably broken down due to irreconcilable differences and that it shall not be possible for them to stay together as husband and wife. The Parties agree that they should part their ways amicably by seeking a decree of divorce by way of mutual consent.

2. That in consideration of the above, the Second Party agrees to pay an amount of Rs.12,00,000/- (Rupees Twelve Lakhs only) to the First Party in full and final settlement towards all her entitlements past, present and future, and towards all her claims arising out of such marriage, including permanent alimony, arrears of maintenance, stridhan and all other Misc. and Legal expenses etc. (hereinafter referred to as the "Settlement Amount").

3. That it is agreed between the Parties that upon the execution and implementation of the present Settlement Agreement, the First Party will not claim any further amount towards past, present and future, maintenance, compensation, alimony or expenditure from the Second Party.

4. It is settled that after compliance of the term of the present settlement, there shall remain no dispute due between the parties arising out of the said marriage and none of the parties shall filed any civil or criminal proceedings against each other in future and that if any other case/petition/complaint etc. between the parties is pending in any Court or Authority, the same shall be withdrawn/got disposed of by the respective party and his family members.

5. That in view of the aforesaid, the parties agree to move appropriate petition(s) under the provisions of Hindu Marriage Act, 1955 jointly before appropriate Court of jurisdiction at Howrah, West Bengal for seeking such divorce by mutual consent and all the cost of litigation will be incurred by the Second Party. In such an event, Rs. 2,00,000/-(Rs. Two Lakhs only) out of the Settlement Amount of Rs. 12,00,000/-(Rs. Twelve Lakhs only) shall be paid by Second Party to First Party at the time of First Motion and remaining Rs. 10,00,000/-(Rs. Ten Lakhs Only) of the Settlement Amount will be payable at the time of the Second Motion and the said amounts will be paid by Second Party to First Party through Demand Draft only. It is agreed that all the cases will be withdrawn /got disposed of by the parties before the second motion petition is filed by the parties and the second parties agrees to bear the litigation expenses for the same.

6. The Parties agree to undertake to the Hon'ble Supreme Court to abide by the present Settlement Agreement.

7. That it is specifically agreed between the Parties that in case the terms and conditions as stipulated in the present Settlement Agreement are not complied with by either of the Parties, then either of the Parties shall have the right to revive their respective cases and pursue the same in accordance with law.

8. That both the Parties further agree and undertake that they shall have no claim or right qua any immovable or movable properties of the other party against the family members of the other party whether self-acquired, joint or ancestral under any circumstances now or in future, immediately in view of the present Settlement Agreement.

9. That pursuant to endorsing their signatures on the present Settlement Agreement, the First Party and Second Party shall not interfere in the lives of each other in any manner including personal, oral, written, electronic or telephonic contact and also will not make any allegation against each other and/or their respective family members. All allegations made by the Parties against each other or against the family members and friends of either party shall stand withdrawn unequivocally upon the signing of the present Settlement Agreement.

10. That it is further agreed between the parties that both parties will not file any civil or criminal case against each other and their family members. Parties shall not file any complaint against each other and their family members whatsoever.

11. That the present Settlement Agreement 1s effective and e11forceable from date of its execution and acceptance by the Hon'ble Supreme Court and shall remain effective and binding and form part of the decree for mutual consent.

12. That it is agreed between the Parties that they will strictly adhere of the terms and conditions of this Settlement and will do all acts necessary for the expeditious compliance of the same and shall cooperate with each other and do all acts and sign all the relevant documents required for the purposes of obtaining divorce by mutual consent."

6. The marriage solemnized between the petitioner- Pooja Nijhawan and the respondent-Kshitij Nijhawan on 20th August, 2021 is hereby dissolved under Section 13(B) of the Hindu Marriage Act, 1955. The Hindu Marriage Petition bearing HMA No.1609 of 2022 pending in the Court of the learned Principal Judge, Family Court, West Tis Hazari, Delhi stands disposed of in terms of the decree of divorce passed under this order.

7. The following three cases are pending which arise out of the matrimonial proceedings:

"a) Criminal case bearing No. Crl. Case- 561/2022 dated 26.08.2022, titled as "Pooja Kapoor Vs. Kshitij Nijhawan & Ors." before the Ld. Chief Metropolitan Magistrate, Howrah, West Bengal under provisions of Protection of Women from Domestic Violence Act.

b) Misc. Crl. Case 562/2022 under Section 125 Cr.P.C, titled "Pooja Kapoor Vs. Kshitij Nijhawan" by the First Party against the Second Party before the Ld. Chief Metropolitan Magistrate, Howrah, West Bengal.

c) First Party lodged an FIR No. 268/2022 dated 01.06.2022 under sections 498 and 406, IPC against the Second Party and his family members."

8. The first two cases mentioned above stand disposed of in view of the settlement. FIR No.268 of 2022 dated 1st June, 2022 registered at Police Station Howrah, West Bengal is hereby quashed.

9. The learned counsel appearing for the respondent- husband states that a complaint being CIS No.514 of 2023 filed by the respondent has been withdrawn by him, as recorded in the order dated 5th February, 2024 passed by the Chief Metropolitan Magistrate, West Tis Hazari Court, Delhi. A copy of the said order is also placed on record.

10. The aforesaid terms of the settlement shall form part of the decree. A decree in terms of this order shall be drawn within four weeks.

11. We appreciate the reasonable stand taken by the parties and their respective advocates. We also record our appreciation for the role played by the learned Mediator.

12. The Transfer Petition is accordingly disposed of in the above terms.

..........................J.

(ABHAY S.OKA)

..........................J.

(UJJAL BHUYAN)

NEW DELHI;

February 07, 2024.

ITEM NO.1 COURT NO.7 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). 1177/2023 POOJA NIJHAWAN Petitioner(s)

VERSUS KSHITIJ NIJHAWAN Respondent(s)

([Settlement agreement received.])

Date : 07-02-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s)

Mr. T.N. Durga Prasad, Adv.

Mr. Prakash, Adv.

Mr. Siddharth Jain, AOR For Respondent(s)

Mr. Roopansh Purohit, AOR Ms. Gultash Guron, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The Transfer Petition is disposed of in terms of the signed order.

Pending application, if any, also stands disposed of.

(ANITA MALHOTRA) (AVGV RAMU)

AR-CUM-PS COURT MASTER

(Signed order is placed on the file.)