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2017 DIGILAW 224 (SC)

Deepa Alias Anjali Bhatia v. Yogesh Bhatia

2017-02-07

ASHOK BHUSHAN, RANJAN GOGOI

body2017
ORDER : We have heard the learned counsels for the parties. 2. The parties have settled the matter in mediation and the report of settlement along with the terms thereof have been placed before us. 3. The parties have agreed that the civil and criminal cases pending, details of which are mentioned in the settlement agreement, shall be withdrawn by the respective parties. 4. The parties have also settled on certain financial terms which are incorporated in the settlement agreement. 5. The parties have also agreed that they will move an application for a decree of divorce by a mutual consent before this Court by invoking Article 142 of the Constitution. Accordingly, a prayer has been made to grant leave to the parties to file an appropriate application under Article 142 of the Constitution. 6. We have taken note of the terms of settlement and the statement made by the learned counsels on behalf of the parties. 7. The terms agreed upon by and between the parties with regard to the closure of the civil and criminal cases and the terms of the financial arrangement, will undoubtedly be given effect to. However, we are of the view that, in the facts of the present case, the parties should be directed to move the concerned Court under the provisions of Section 13-B of the Hindu Marriage Act, 1955 for grant of mutual divorce. 8. To facilitate the aforesaid exercise, we are of the view that the divorce proceedings bearing Petition No.176 of 2015 (Civil) 38 titled as 'Yogesh Bhatia v. Deepa alias Anjali Bhatia' be transferred from the Family Court, Udaipur, Rajasthan to the Family Court, Patiala House, New Delhi. 9. Once the records of the aforesaid divorce case is received by the transferee Court, the parties may file their joint application under Section 13-B of the Hindu Marriage Act, 1955 before the transferee Court on 20th April, 2017, i.e. after payment of the agreed sums as jointly agreed by the parties. 10. Accordingly, we dispose of the transfer petition in the aforesaid terms and by requiring the Family Court, Udaipur to send the case record to the Family Court, Patiala House, New Delhi promptly and without any delay.