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2021 DIGILAW 619 (UTT)

Naresh Chander Sati v. Tina Sati

2021-12-09

NARAYAN SINGH DHANIK, RAGHVENDRA SINGH CHAUHAN

body2021
JUDGMENT Raghvendra Singh Chauhan, CJ. - Mr. Naresh Chander Sati, the appellant, is present before this Court. Mrs. Tina Sati, the respondent, has joined this Court through video conference. The appellant has submitted his Canadian Passport in order to establish his identity. The respondent has been identified by her learned counsel. 2. The appellant has challenged the judgment and decree dated 19.05.2016 passed by the learned Family Judge, in OS No. 315 of 2005, "Shri Naresh Chander Sati v. Smt. Tina", whereby the learned Family Court has dismissed the divorce petition filed by the appellant. 3. However, during the pendency of the present appeal, the parties have entered into a compromise and have mutually agreed to divorce each other. Therefore, they have filed a copy of the final settlement between them, and have also filed an application under Section 13-B of the Hindu Marriage Act. The terms of the compromise are as under :- 1. That marriage between parties was solemnized on 21.01.2001 and a son was born out of wedlock on 16-10-2001 in U.S.A and who is major now 2. That for from 2003 both the parties are living separately i.e. for last around 18 years and they have not been able to live together and have been entangled in litigation since 2005 i.e. for last 16 years. 3. That pursuant to the conciliation and in deference of the observations made by the Hon'ble Court both the parties to the litigation, namely Respondent/Wife Smt. Tina Sati W/o Sri Naresh Chander Sati D/o Mr Iqbal Malik and the Appellant/Husband Naresh Chander Sati S/o Sri R. P. Sati have agreed to resolve and settle all their disputes, including matrimonial dispute, finally, arising out of the marriage solemnized between them on 21-01-2001, in order to enable them to live their lives separately, independently and with a clean and fresh beginning, with peace of mind, subject to following mutually agreed terms and conditions: 4. That in deference of the Hon'ble Court's efforts and observations made for settling of all the disputes between the parties to the litigation, both parties agrees and give their consent that the Appellant/Husband will pay a total amount of Rs.2,00,00,000/- (Rupees Two Crores only) in lieu of permanent alimony, arrears of maintenance, permanent maintenance to respondent wife Smt Tina Sati and son Master Sooryam, their son born out of wedlock, and the Respondent/Wife has accepted said offer and has agreed for grant of divorce by mutual consent by this Hon'ble Court, in terms of the consent reached between the parties, as both of them are living separately for last around 18 years. 5. That Appellant/Husband has agreed to pay the aforesaid amount of Rs.2,00,00,000/- (Rupees Two Crores only) towards the Wife/Respondent and Master Sooryam as under: i) Rs.25,00,000/- (Rupees Twenty Five Lacs only) being the first instalment on or before 31.01.2021 before this Hon'ble Court. ii) Rs.25,00,000/- (Rupees Twenty Five Lacs only) being the second instalment on or before 28.02.2021 before this Hon'ble Court. iii) Since the huge sum of amount has to be arranged by the appellant, the balance amount to be paid within 12 months or as early as possible and in any case completed by end of 01.02.2022. 4. That the Appellant has agreed to transfer this money through Bank Draft to Hon'ble High Court Nainital as per the past practice of paying or as directed by the Hon'ble Court, to maintain and ensure transparency 5. The Appellant/Naresh Chander Sati promises and will be legally bound to deposit amount as settled between the parties as mentioned in 3 (i), (ii) and (iii) and as soon as the amount is fully paid, in terms of the present joint application, both the parties shall be bound by the Judgment and decree passed by this Hon'ble court of granting divorce to the parties and absolving them from all rights and liabilities, including those with respect to Master Sooryam 6. That Smt. Tina Sati, respondent wife, undertakes that on submission of Consent Terms, and payment of first instalment of 25 lacs, all the cases filed by her against the appellant and his family members shall be deemed to have been withdrawn and she will also file formal application for withdrawing all the pending cases before forums/court where they are pending in Mumbai and a copy of the final withdrawl orders shall be filed before this Hon'ble Court. 8. That Smt Tina Sati, Respondent/Wife declares that she is competent and has obtained consent and has authority to file the instant mutually agreed terms, on behalf of Master Sooryam, who is now major, and undertakes that on receiving the full and final settlement amount of Rs.2,00,00,000/- (Rupees Two Crores only), all her claims arising out of marriage and of her son Sooryam on one hand and the Husband/Appellant on the other hand, including right to claim maintenance, arrears of maintenance, permanently alimony, residential rights etc. shall stand fully satisfied and they undertake not to make any such claims of whatsoever nature in future arising out of matrimonial tie between her, son born out of this wedlock, Sooryam and the Husband/Appellant. The settlement amount is being paid towards all claims of Respondent and Master Sooryam born out of the wedlock, who is a U.S.A Citizen, studies and lives in U.S.A and in custody of Respondent right from his birth. 9. That the parties shall be left with no claims of any nature whatsoever, against each other or their respective family members including the rights in toto, towards Master Sooryam (D.O.B 16th October, 2001), who lives and studies and/or work out of USA and on submission of this consent petition both parties will not further raise any legal /claims either in India or Abroad. 10. That both the parties agree that all allegations made against each other shall be treated as withdrawn on grant of decree/Judgment in petition for divorce by mutual consent. 11. That both the parties have arrived to consent terms after due deliberations and after understanding full meaning of the same without any force, or undue influence from any one and out of their own free will and volition. 12. 11. That both the parties have arrived to consent terms after due deliberations and after understanding full meaning of the same without any force, or undue influence from any one and out of their own free will and volition. 12. That since both the parties are living separately, instant Joint Consent terms and conditions will also be separately sent by post, after getting the same duly notarized/verified separately from their respective places of residence, where they are residing at present and present copy is being submitted through their respective advocates, as sent to them via email. 4. According to the order sheet dated 23.09.2021, the appellant had paid Rs. 50 lacs to the respondent. Since it was agreed between the parties that in lieu of permanent alimony, the respondent would be entitled to receive Rupees Two Crores from the appellant, the appellant had deposited Rs. 1.50 crores with the Registry of this Court through Demand Draft Draft Nos. 506864 dated 29.01.2021, 506936 dated 26.02.2021, 507282 dated 14.07.2021, 233537 dated 13.08.2021 and 507368 dated 13.08.2021. 5. By the said order, this Court had directed the Registry to release Rs. 1.00 crores in favour of the respondent. According to the respondent, she has received the said amount. Therefore, this Court directs the Registry to release the remaining amount of Rupees Fifty Lakhs in favour of the respondent, Mrs. Tina Sati. 6. Considering the fact that the parties have stayed apart for the last eighteen years, the statutory period of six month, as prescribed under Section 13-B of the Hindu Marriage Act, is, hereby, dispensed with. 7. Since the parties have mutually agreed to divorce each other, since the respondent has withdrawn all the cases filed by her against the appellant, their marriage solemnized on 21.01.2001 is, hereby, dissolved under Section 13-B of the Hindu Marriage Act. 8. The Registry is directed to issue the necessary decree in terms of the compromise mentioned hereinabove. 9. After this order was dictated, Mr. Naresh Chander Sati, the appellant, brought the following facts to the notice of this Court :- (i) By judgment and decree dated 15.04.2006, his marriage was dissolved by an ex-parte order. (ii) Having waited for one year, he entered into a second marriage on 15.04.2007, which was duly registered on 20.04.2007. (iii) On 08.01.2007, the respondent filed an application before the Family Court for recalling the ex-parte decree dated 15.04.2006. (ii) Having waited for one year, he entered into a second marriage on 15.04.2007, which was duly registered on 20.04.2007. (iii) On 08.01.2007, the respondent filed an application before the Family Court for recalling the ex-parte decree dated 15.04.2006. (iv) The said ex-parte decree was recalled by the Family Court by order dated 02.07.2007. (v) By order dated 19.05.2016, his divorce petition was dismissed by the Family Court. (vi) During the pendency of the divorce petition, he was blessed with two children, one daughter and one son, from his second marriage. 10. The apprehension of the appellant is that since he is a Canadian citizen, since he is settled in Canada, since he wishes to ensure that his second wife and the two children can peacefully migrate to Canada, he wants this Court to record these facts in the present order. Therefore, these facts have been recorded by this Court in the present order. 11. However, it is made abundantly clear that mere recording of these facts does not mean that this Court is expressing any opinion on the legality or illegality of the second marriage of the appellant. It is for the competent authorities, dealing with the issue of the migration of the appellant's second wife and children, to decide whether his second wife and the two children should be permitted to migrate to Canada, or not? 12. Since the legality or illegality of the second marriage of the appellant is not an issue before this Court, this Court refrains from expressing any opinion on the said issue.