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2019 DIGILAW 1813 (SC)

Manishita Mishra v. State Of Jammu And Kashmir

2019-08-19

A.M.KHANWILKAR, DINESH MAHESHWARI

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ORDER 1. The petitioner-wife has filed this petition under Article 32 of the Constitution of India seeking transfer of matrimonial case being Suit No. 651/HM Act (bearing registration No. 12651 of 2017) titled as "Sourabh Panhotra vs. Smt. Manishita Mishra" pending before the Additional District Judge (Matrimonial Cases), Jammu to the Court of Competent Jurisdiction at Delhi. 2. Notice in the matter was issued vide order dated 11.03.2019. 3. Vide order dated 26.04.2019, the matter was referred to the Supreme Court Mediation Centre (for short, 'Mediation Centre') for exploring the possibility of settlement. 4. In pursuance of the above order, the Mediation Centre had nominated Ms. Anupama Ahluwalia, Mediator. Due to her sincere efforts, the parties have been able to settle their disputes amicably. The settlement agreement has been reduced into writing. 5. Today, both parties are present-in-person in Court. 6. Learned counsel for both the parties submit that all the disputes and differences between the parties have been amicably settled by the process of mediation and the settlement agreement dated 29.05.2019 may be taken on record. The said Settlement Agreement reads as under: "SETTLEMENT AGREEMENT This settlement Agreement (Settlement Agreement) is entered into between Ms. Manishita Mishra, D/o Shri Niti Bhushan Mishra, W/o Shri Sourabbh Panhotra, R/o J-1346A, Palam Vihar, Gurgaon, Haryana-122017 (herein referred to as the Petitioner). AND Mr. Sourabh Panhotra, S/o Late Shri Sanjeev Kumar Panhotra R/o 1504, White House Residency, Plot No. 6, Sector - 19B, Dwarka - 110075 (hereinafter referred to as the Respondent No.2). The marriage between the parties was solemnized on 29.04.2013 at Delhi in accordance with Hindu Custom, rights and ceremonies. There is no issue out of this wedlock. Over a period of time disputes arose between the parties, and the parties have been staying separately since 2017. The present matter was referred to mediation by Hon'ble Mr. Justice A.M. Khanwilkar and Hon'ble Mr. Justice Aay Rastogi of this Hon'ble Supreme Court vide its Order dated 26.04.2019 passed in the above mentioned matter. Comprehensive mediation sessions, both joint and single sessions, were held with the parties separately and jointly and with the Counsel of Petitioner on 08.05.2019, 16.05.2019, 21.05.2019 and today i.e. on 29.05.2019. The parties have voluntarily and with their consent arrived at an amicable settlement for dissolving the marriage by mutual consent through the process of mediation, on the terms and conditions set out hereunder: 1. The parties have voluntarily and with their consent arrived at an amicable settlement for dissolving the marriage by mutual consent through the process of mediation, on the terms and conditions set out hereunder: 1. It is agreed between the parties that they shall not to live together in future as husband and wife and shall dissolve their marriage by mutual consent. 2. It is agreed between the parties that they shall jointly move an application for decree of divorce by mutual consent before this Hon'ble Court invoking the inherent power under Article 142 of the Constitution of India. 3. The following cases are pending between the parties:- (a) Suit No. 651/HM Act (bearing registration No. 12651 of 2017) titled as "Sourabh Panhotra vs. Smt. Manishita Mishra" pending before the Additional District Judge (Matrimonial Cases), Jammu (filed by the Respondent No.2). 4. Both the parties have agreed that the Respondent shall pay a total of Rs. 22,50,000/-(Rupees Twenty Two Lakh fifty Thousand Only) towards settlement of dues incurred during marriage and thereafter. A demand draft from the amount of Rs. 22,50,000/- (Rupees Twenty Two Lakh Fifty Thousand Only) drawn in favour of Ms. Manishita Mishra shall be given at the time of hearing of this matter before this Hon'ble Court. The parties shall make a joint application for decree of divorce by mutual consent before this Hon'ble Court. Such application shall be made maximum within three months from today (on or before 1 st September, 2019). 5. Respondent No.2 agrees to withdraw all allegations leveled against the Petitioner in the divorce petition filed in Jammu in 2017. Further, both the parties agree to withdraw all the pending cases mentioned in para-3 of the present Settlement Agreement besides all other pending cases/petitions filed by them, if any, against each other before any court of law or any other forum, even if other party has no knowledge of it. They agree to take all necessary steps and cooperate with each other to withdraw the same before the filing of the Petition for divorce by mutual consent. 6. Both the parties agree that henceforth they shall not file any civil/criminal complaint(s) or any case(s) against each other or against their respective family members and/or relatives in future with regard to the present matrimonial matter, including maintenance, alimony, stridhan, (past, present and future) and any other claim whatsoever. 7. 6. Both the parties agree that henceforth they shall not file any civil/criminal complaint(s) or any case(s) against each other or against their respective family members and/or relatives in future with regard to the present matrimonial matter, including maintenance, alimony, stridhan, (past, present and future) and any other claim whatsoever. 7. By signing this Settlement Agreement, the parties hereto solemnly state and affirm that they have no further claims or demands against each other regarding this matrimonial matter, and all the disputes and differences have been amicably settled by the parties hereto through the process of Mediation. 8. The parties undertake before this Hon'ble Court to abide by the terms and conditions set out in the present Settlement Agreement, which have been arrived at without any coercion duress or collusion and undertake not to raise any dispute whatsoever henceforth. 9. Both the parties have agreed that in case any party does not fulfill any of the terms mentioned in the present Settlement Agreement, the other party shall have the right to initiate legal/appropriate proceedings against the other party in default. 10. Both the parties have read and understood the terms of the present Settlement Agreement and have consulted their respective legal counsels also, and are accordingly signing this Settlement Agreement in presence of all the persons named below, to authenticate their will to comply with the same. 11. The Settlement Agreement supersedes all prior negotiations and discussions held between the parties regarding this matter. [Manishita Mishra] Petitioner -wife [Sourabh Panhotra)] Respondent No.2- husband [Niti Bhushan Mishra] Father of the Petitioner [Gauri Bajju) Mother of the Respondent No.2 [Nitin Bhasin] Advocate for the Petitioner [Sandeep S. Tiwari] Advocate for the Respondent [ANUPAMA AHLUWALIA] Mediator Supreme Court of India Date: 29 th May, 2019 " 7. Having regard to above, we are satisfied that the settlement entered into between the parties on 29.05.2019 is genuine and deserves to be accepted. Ordered accordingly. 8. As a result of settlement agreement filed, all proceedings between the parties are disposed of in terms of settlement agreement dated 29.05.2019. 9. Accordingly, Suit No. 651/HM Act (bearing registration No. 12651 of 2017) titled as "Sourabh Panhotra vs. Smt. Manishita Mishra" pending before the Additional District Judge (Matrimonial Cases), Jammu stand withdrawn to this Court and disposed of under Section 13-B of the Hindu Marriage Act. 9. Accordingly, Suit No. 651/HM Act (bearing registration No. 12651 of 2017) titled as "Sourabh Panhotra vs. Smt. Manishita Mishra" pending before the Additional District Judge (Matrimonial Cases), Jammu stand withdrawn to this Court and disposed of under Section 13-B of the Hindu Marriage Act. In the peculiar facts of the present case, we invoke powers under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent to both the parties. Their undertakings given in the settlement agreement dated 29.05.2019 are accepted. 10. A demand draft amounting to Rs. 22,50,000/-(Rupees Twenty Two Lakh Fifty Thousand Only) bearing No. 006672 drawn in favour of the Petitioner-Manishita Mishra is made over by the learned counsel for the respondent to the learned counsel for the petitioner today. 11. Accordingly, the marriage between the petitioner and the respondent is dissolved by mutual consent. 12. Resultantly, the Writ Petition is disposed of in the aforementioned terms. 13. The parties shall abide by the assurances given in the settlement agreement, without any exception. 14. We express a word of appreciation for the sincere efforts put in by the Ms. Anupama Ahluwalia, Mediator who facilitated the parties to settle the matters in the above terms. 15. Pending applications, if any, stand disposed of.