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2015 DIGILAW 225 (SC)

Sangeeta Gupta v. Manish Gupta

2015-02-13

N.V.RAMANA, SUDHANSU JYOTI MUKHOPADHAYA

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ORDER 1. The transfer petition is filed by the Petitioner-wife for transfer of matrimonial petition vide Case No. 523/A/2013 titled as "Manish Gupta v. Smt. Sangeeta Gupta" pending before the Principal Judge, Family Court, Jabalpur (M.P.) to the Family Court at Jaipur, Rajasthan. Respondent-husband has appeared and filed Interlocutory Application No. 2 of 2015 enclosing a copy of Compromise Deed/Agreement reached between the parties on 24.12.2014. Further prayer has been made to pass order under Article 142 of the Constitution of India and grant decree of divorce by mutual consent and quash the criminal proceedings filed by one party or the other against each other. 2. Learned Counsel for the Petitioner accepts that the Agreement has been reached between the parties and submits that only a sum of Rs.8 lakhs out of Rs.15 lakhs is paid and rest of the 7 lakhs are still required to be paid. 3. The Compromise Deed/Agreement reached between the parties has been signed by the Petitioner-wife and the Respondent-husband apart from two witnesses. The relevant portion of the agreement reached reads as follows:-- "This Compromise Deed/Agreement is executed today on 24.12.2014 between Smt. Sangeeta Gupta aged 35 years, Wife of Shri Maneesh Gupta, Daughter of Shri Suresh Chandra Gupta, resident of 66, Vishnupuri, Model Town, Malviya Nagar, Jaipur (Rajasthan) permanent resident of B-4, Dhruv Marg, Tilak Nagar, Jaipur (Rajasthan) hereinafter shall be referred to as First Party AND Shri Maneesh Gupta son of Shri Mahesh Chandra Gupta, Caste Aggarwal, age 37 years, resident of 195, Bijli Nagar, Indore (Madhya Pradesh) hereinafter shall be referred to as Second Party, as follows: Whereas in accordance to Hindu rites and rituals the marriage of first party Smt. Sangeeta Gupta was solemnized on 16.01.2012 in Milan Garden, Indore (M.P.) with Second Party Maneesh Gupta. After the marriage, because of ideological differences between both the parties, the first party had lodged a First Information Report No. 218/2013 at Women Police Station, Gandhi Nagar, Jaipur, against the Second Party and his family members and one petition of domestic violence was preferred before the Court of Ld. Civil Judge and Additional Chief Judicial Magistrate No. 12, Jaipur City, Jaipur in which the next date of hearing is fixed for 08.01.2015, and further preferred an application Under Section 125 Code of Criminal Procedure. with regard to maintenance before the Court of Ld. Civil Judge and Additional Chief Judicial Magistrate No. 12, Jaipur City, Jaipur in which the next date of hearing is fixed for 08.01.2015, and further preferred an application Under Section 125 Code of Criminal Procedure. with regard to maintenance before the Court of Ld. Family Court No. 2, Jaipur City Jaipur in which the next date of hearing is fixed for 19.01.2015, and the Second Party had preferred the Divorce Petition against the First Party before the Court of Ld. Family Judge, at Jabalpur. Now the ideological differences which had been cooked up between both the parties, hence, both the parties with their own consent had decided to dissolve the marriage which was solemnized on 16.01.2012, and further it has been decided to dispose of all the matters by way of this agreement, on the terms and conditions which are as follows: 1. It has been decided that the second party Maneesh Gupta shall pay Rs.15 Lakhs towards Stridhan, Goods and one time maintenance to First Party Sangeeta Gupta. The maintenance and stridhan is inclusive in the aforesaid amount of Rs.15 lakhs. After receiving of Rs.15 lakhs, the first party Smt. Sangeeta Gupta shall neither claim any maintenance from Second Party under any law prevailing in India, and nor both the parties shall claim any right on the self earnings and in parental property of each other. 2. That under this agreement, out of Rs.15 lakhs as decided aforementioned, the Second Party Shri Maneesh Gupta has paid an amount of Rs.8 lakhs vide Bank Draft No. 960183 dated 16.12.2014 drawn on State Bank of India, Indore Branch (M.P.). Out of remaining amount of Rs.7 lakhs, one cheque No. 35170 drawn on Axis Bank, Saket Branch, New Delhi for Rs.2 lakhs and another cheque No. 35171 drawn on Axis Bank, Saket Branch, New Delhi for Rs.5 lakhs being security has been kept as security with Shri Raju Agarwal son of Late Shri Mohandas Mangodiwala. Five days prior to the prescribed time frame, both the aforesaid cheques shall be converted into Demand Draft and the Second Party shall pay the said Demand Drafts to Sri Raju Agarwal and will take back the aforesaid cheques. 3. That five days prior to filing of divorce petition with the consent of both the parties before the Ld. Five days prior to the prescribed time frame, both the aforesaid cheques shall be converted into Demand Draft and the Second Party shall pay the said Demand Drafts to Sri Raju Agarwal and will take back the aforesaid cheques. 3. That five days prior to filing of divorce petition with the consent of both the parties before the Ld. Family Court at Jabalpur, the second party shall kept the draft of Rs.2 lakhs with Shri Raju Agarwal, and at the time of giving statement before the Ld. Family Court at Jabalpur, the first party shall be entitled to receive the said demand draft of Rs.2 lakhs, and five days prior to the date of passing of decree of divorce, the second party has to kept the demand draft of Rs.5 lakhs with Raju Mangodiwala, and just immediate after giving statement in the divorce petition, the first party Sangeeta Gupta shall be entitled and having her rights to receive the said demand draft of Rs.5 lakhs from Raju Mangodiwala. However, in case if the payment of Rs.7 lakhs are not made to First party due to any reason, then the First Party shall be having all the rights to initiate all the legal proceedings. 4. That against the Second Party the First Party has preferred the petition for maintenance Under Section 125 Code of Criminal Procedure. before the Ld. Family Court No. 2, Jaipur City, Jaipur, and on the next date of hearing in the said petition which is fixed for 19.01.2015, the First Party shall produce the withdrawal application and the aforesaid petition shall be withdrawn in accordance to aforesaid compromise deed/agreement. 5. That the first Party Sangeeta Gupta had lodged the First Information Report being FIR No. 218/2013 at Women Police Station (East), Jaipur City, Jaipur against the Second Party and his family members, and today itself the first party in view of aforesaid compromise deed/agreement, for not to initiate further in the FIR, shall produce the application in the aforesaid FIR before the Investigation Officer, Women Police Station (East), and she will get the same disposed of at the level of Police Station/Court. 6. That after execution of this agreement, now any dispute with regard to stridhan, goods and maintenance etc. are not remain between both the parties, shall cooperate each other for disposing of the matter of each other on the basis of this compromise deed/agreement. 7. 6. That after execution of this agreement, now any dispute with regard to stridhan, goods and maintenance etc. are not remain between both the parties, shall cooperate each other for disposing of the matter of each other on the basis of this compromise deed/agreement. 7. That if any of the terms of this compromise deed/agreement are violated by the first party, then all the responsibilities of the same shall be of Shri Suneel Kothari. And if any of the terms of this compromise deed/agreement are violated by the second party, then all the responsibilities of the same shall be of Shri Ramdhan Attar. Shri Ramdhan Attar and Suneel Kothari, by talking with both the parties, shall get the execution of this Compromise Deed/Agreement. Therefore, in full conscious, healthy mind and with all the knowledge, both the parties has executed this compromise deed/agreement in two copies on the stamp paper of Rs. 100/- and four plain papers, so that the same may be used as and when it may require." Having heard Learned Counsel for the parties and taking into consideration the Compromise Deed/Agreement between the parties and the dispute between the husband and the wife, we pass the following order:-- "(i) Proceedings in connection with the petition for maintenance Under Section 125 Code of Criminal Procedure. filed by the Petitioner-wife against the Respondent-husband before the Family Court, Jaipur is called for and is quashed. (ii) The FIR No. 218 of 2013 lodged by Petitioner-wife at Mahila Police Station, Gandhi Nagar, Jaipur against Respondent-husband and his family members is called for and is quashed. (iii) Parties are given liberty to file a joint petition for divorce by mutual consent Under Section 13(B) of the Hindu Marriage Act before the Family Court at Jaipur where the wife is residing and as they are living separately for more than six months, it would be open for them to file a petition for waiver of the six months period. If petition for divorce by mutual consent is filed jointly by the parties along with the petition for waiver, the Family Court, Jaipur will waive the period and allow the petition for divorce by mutual consent within one week from the date of appearance of the parties. (iv) The Respondent-husband is directed to pay the rest amount of seven lakhs in favour of the Petitioner-wife within six weeks. (iv) The Respondent-husband is directed to pay the rest amount of seven lakhs in favour of the Petitioner-wife within six weeks. If the said amount is not paid within the same period, the wife may move before this Court for initiation of contempt proceedings against the persons concerned." Accordingly, the Interlocutory Application and the Transfer Petition stands disposed of with the aforesaid directions and observations.