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2014 DIGILAW 908 (SC)

Davinder Kaur v. Harvinder Singh

2014-09-01

DIPAK MISRA, VIKRAMAJIT SEN

body2014
ORDER : Heard learned counsel for the parties. This Court vide order dated 7th April, 2014 had sent the matter for mediation. The learned Mediator has mediated and recorded a settlement between the parties. The said Settlement Agreement reads as follows: SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Ms. Davinder Kaur, W/o Mr. Harvinder Singh, D/o Mr. Jagir Singh, R/o 134, Ram Gali, Harjinder Nagar, Kanpur-208 007, Uttar Pradesh and Mr. Harvinder Singh, S/o Mr. Jai Singh Sondh, R/o A-2/133, Sector-11, Rohini, Delhi-110085. 2. The marriage between the petitioner and respondent was solemnized as per Hindu rites and customs on 20.02.2010 at Rohini, Delhi and from the wedlock a male child namely Anhad Singh Songh was born on 13.06.2011. Both the parties resided together as husband and wife till 22.10.2012 and thereafter disputes and differences had arisen between the parties hereto and petition and cross petitions have been filed by both the parties and consequently a T.P.(C) No. 20 of 2014 was filed before this Hon'ble Court by the Petitioner Ms. Davinder Kaur. 3. This matter was referred to mediation by the Hon'ble Court vide Order dated 07.04.2014. 4. Both the parties have agreed that Mr. Manoj Kumar Jain, Advocate would act as a Mediator in the matter. 5. Mediation sessions, both joint and private, were held with the parties and their Counsel on 08.05.2014 and today i.e. 12.07.2014. 6. The parties have voluntarily and with their consent arrived at an amicable settlement through the process of mediation on the terms set out hereunder : 1. That the parties have agreed to get their marriage dissolved by decree of mutual consent in terms of Section 13 B of the Hindu Marriage Act, 1955. The parties agree to request the Hon'ble Supreme Court to grant such decree under Article 142 of the Constitution of India. However, should the Hon'ble Supreme Court decline to do the same, the parties have agreed to file the First Motion under Section 13 B(1) Hindu Marriage Act, 1955 before the appropriate Family Court at Rohini, Delhi after a period of four weeks from today and to file Second Motion under Section 13 B(2) Hindu Marriage Act, 1955 after statutory period of the recording of the statement in First Motion. 2. 2. That the parties have agreed that the Respondent will pay to the Petitioner a total sum of Rs.7,50,000/- (Rs.Seven Lakhs Fifty Thousand Only) viz full and final settlement of all her claims towards alimony, maintenance (Past, present and future), Stridhan, belongings and any other claim whatsoever including the maintenance of child namely Anhad Singh Sondh. The said sum of Rs.7,50,000/- (Rs.Seven Lacs and fifty Thousand Only) will be paid by the Respondent to the Petitioner by demand draft/cheque/Bank Transfer in the name of "Davinder Kaur" payable at Kanpur, Uttar Pradesh as under :- (i) Should the Hon'ble Supreme Court be pleased to grant the decree of divorce to the parties, the Respondent will pay a sum of Rs.2,50,000/- (Rs.Two Lacs Fifty Thousand only) to the Petitioner on such date of hearing, and the balance sum of Rs.5,00,000/- (Rs.Five Lacs Only) on or before 14th October, 2014. (ii) Should the parties be required to file for divorce by mutual consent before the Family court, Rohini, Delhi. (a) the Respondent will pay the Petitioner the sum of Rs.2,50,000/- (Rs.Two Lacs Fifty Thousand only) on the date the statements of the parties are recorded in support of the First Motion in terms of Section 13 B(1) Hindu Marriage Act, 1955; (b) the second installment of Rs.2,50,000/- (Rs.Two lacs Fifty Thousand Only) will be paid by the Respondent to the Petitioner within a period of three month from the date order passed by the Competent Court in First Motion. (c) the Respondent will pay the Petitioner the sum of Rs.2,50,000/- (Rs.Two lacs Fifty Thousand only) on the date the statements of the parties are recorded in support of the Second Motion in terms of Section 13 B(1) Hindu Marriage Act, 1955. 3. That the parties have agreed that the custody of child namely Anhad Singh Sondh will remain in future with the petitioner/mother only and the child will be in absolute custody of the petitioner/mother and respondent/father will have no visitation rights and the petitioner/mother will have all the rights of guardianship whatsoever. 4. That the parties have agreed that they will not communicate or send message to each other or any member of their respective relatives and friends with regard to this matrimonial alliance. 5. 4. That the parties have agreed that they will not communicate or send message to each other or any member of their respective relatives and friends with regard to this matrimonial alliance. 5. That the petitioner-wife agrees and undertakes to withdraw her petition under Section 9 of Hindu Marriage Act which is pending before the District Court Kanpur, Uttar Pradesh on its next date of hearing. 6. That subject to the aforesaid terms, the parties have resolved all the dispute amicably in relation to their marriage and have been left with no claims against each other or their respective family members. 7. The parties have agreed and undertake not to litigate or raise any claim in future in relation to the marriage against each other or their respective family members. 8. By signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demand against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation. 9. The parties undertake to abide by the terms and conditions set out in the above mentioned Agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth. 10. The terms of the settlement have been explained both in simple and vernacular language to both the parties." 7. Regard being had to the settlement arrived, the same is accepted and the marriage between the parties stands dissolved. As a consequence of which the proceedings initiated under Section 9 of the Hindu Marriage Act, 1955, pending before the Family Court at Kanpur is deemed to have been disposed of. The other conditions mentioned in the settlement, shall be strictly followed by the parties. The transfer petition is disposed of accordingly.