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2018 DIGILAW 936 (SC)

Pooja Bhatt v. Vinay Kumar Rai

2018-05-17

A.M.KHANWILKAR, D.Y.CHANDRACHUD, DIPAK MISRA

body2018
ORDER 1. Leave granted. 2. The present appeal, by special leave, arises from Application No.26030 of 2017 filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.) and order impugned is interim in nature. In the course of hearing, learned counsel for the parties agreed to settle the matter and move in their own way in life. On earlier occasion when this Court was hearing T.P.(C)Nos. 38-39 of 2017 the parties possibly did not want to arrive at a settlement and, therefore, the order of transfer was passed. The said order dated 15.01.2018 reads as follows: "This is a transfer petition at the instance of the petitioner-wife seeking transfer of Case No. 42 of 2015, titled Vinay Kumar Rai vs. Pooja Rai, pending before the court of district Judge, Purba Medinipur at Tamaluk Purba Medinipur, West Bengal to the Family Court, Balia, Uttar Pradesh. Heard Mr. Sanjay Dubey, learned counsel for the petitioner-wife and Mr. Sanjai Kumar Pathak, learned counsel for the respondent-husband. Having heard learned counsel for the parties and taking into consideration the submissions advanced at the Bar, it is directed that the aforesaid case be transferred from the court of District Judge, Purba Medinipur at Tamaluk Purba Medinipur, West Bengal to the Family Court, Saket, New Delhi. After transfer of the case, the transferee Court shall take up the matter on Saturdays so that the respondent-husband shall not face any difficulty in availing leave and dispose of the case within six months. The transfer petitions are, accordingly, disposed of." 3. The present appeal relates to a proceeding being Case No.46/17 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending in the court of Civil Judge SD/FTC Balia, UP. It is not for nothing, it has been said, time is the best healer. Mr. Sanjay Dubey, learned counsel appearing for the appellant-wife submitted that he has no objection to enter into a settlement. Learned counsel for the respondent-husband submitted that on the previous occasion he had offered to pay an amount of Rs. 38 lacs to the appellant-wife and today he is prepared to give Rs. 40 lacs to her towards permanent alimony in full and final settlement. The said offer is accepted by the learned counsel for the wife. 4. In view of the aforesaid settlement, it is directed that the respondent-husband shall pay a sum of Rs. 38 lacs to the appellant-wife and today he is prepared to give Rs. 40 lacs to her towards permanent alimony in full and final settlement. The said offer is accepted by the learned counsel for the wife. 4. In view of the aforesaid settlement, it is directed that the respondent-husband shall pay a sum of Rs. 40 lacs (Rupees forty lacs) to the appellant-wife within a period of four months commencing 18 th May 2018. However, the said amount shall be paid by way of instalments. The first instalment of Rs. 10 lacs shall be paid on or before 18.06.2018 and similarly the remaining amount shall be paid on or before the 18 th of each succeeding month till it is fully paid. After such payment the following directions shall be given effect to : (i) Divorce Case being Matrimonial Suit No.113/2016 filed originally in the court of Addl. District & Sessions Judge, Haldia, Purba Medinipur, West Bengal shall stand decreed, on consent, (ii) The order of transfer dated 15.01.2018 passed by this Court in T.P.(C)Nos. 38-39 of 2017 shall not be given effect to. (iii) Case No.42/2015 filed by respondent no.1 before District Judge, Purba, Medinipur, West Bengal under Guardian and Wards Act seeking custody of the children shall stand disposed of, as it is agreed that the children shall remain in custody of the mother, (iv) Case instituted by the appellant against the respondent no.1 and his relatives forming the subject matter of Case No.46/2017 before the Civil Judge, SD/FTC Balia, U.P. shall stand quashed. (v) FIR No.670/2017 registered for offences punishable under Sections 498A, 323, 504, 506, 313, 34, IPC shall stand quashed. 5. Needless to emphasise, all these directions shall be given effect to after the amount, as mentioned above, is paid within the time mentioned above and in the meantime all proceedings shall remain in abeyance. 6. Be it further clarified, though the custody of the children has been given to the mother, she will not deny the visitation rights of the father. 7. Be it noted, the settlement recorded herein is in full and final settlement of all the issues and claims between the parties and no further issue shall be raised in respect of any of the aspects of any claim. The appeal is accordingly disposed of.