ORDER 1. In this petition seeking transfer of HMA No. 144 of 2020 titled Amar Prakash Tiwari v. Raksha Tiwari pending before the Principal Judge, Family Courts, Varanasi, Uttar Pradesh, the parties to the litigation have arrived at a settlement, which was reduced in writing on 09.09.2021. 2. The parties are present before the Court and are duly identified by their respective counsel. They have reiterated the terms of settlement and have agreed to abide by the same. 3. The Memorandum of Settlement executed on 09.09.2021, duly attested by two witnesses, respectively the father of the petitioner and the uncle of the respondent, and also duly notorised, reads as under: - "MEMORANDUM OF SETTLEMENT This Memorandum of Settlement is made at New Delhi on this the ........ day of August, 2021 BETWEEN Mrs. Raksha Tiwari W/o Sh. Amar Prakash Tiwari D/o Sh. Vinod Mishra, R/o Sigramau, District Jaunpur (U.P.) at present residing at 46-A, Shanti Bhawan, opposite Kurla Kamgar N. Cooperative Society. S.G. Barve Marg, Kurla (E), Mumbai(hereinafter referred as "First Party") AND Mr. Amar Prakash Tiwari S/o Late Kailash Nath Tiwari R/o Village Ugapur, Aurai, Post Office Aurai, District Bhadohi, U.P. (hereinafter referred as "Second Party") The expression "First Party" and "Second Party" wherever they appear hereinafter are collectively referred to as "Parties". WHEREAS the marriage between the parties hereto was duly solemnized as per Hindu rites and customs on 04.02.2016 at Varanasi, U.P. There is no issue born out of the wedlock between the parties. AND WHEREAS certain irreconcilable disputes and differences arose between the parties during their stay together and thereby resulting in the First Party leaving her matrimonial house since 01.02.2020 and the First Party has been staying with her parents at Mumbai, Maharashtra since then. AND WHEREAS the acrimonious relationship between the parties led to filing of various litigation against each other which are pending before the Hon'ble Supreme Court of India, District Courts at Mumbai, Maharashtra and District Court at Varanasi (U.P.). AND WHEREAS due to mediation efforts made by family efforts of both the parties, they have come to mutual understanding to separate and come out of their wedlock by mutual consent. AND WHEREAS due to mediation efforts made by family efforts of both the parties, they have come to mutual understanding to separate and come out of their wedlock by mutual consent. NOW THEREFORE THE PARTIES HERETO have reached mutual agreement to file an application for dissolution of their marriage by decree of divorce by mutual consent under Section 13(1) of the Hindu Marriage Act read with Article 142 of the Constitution of India in Transfer Petition (Civil) No. 229 of 2021 titled as "Raksha Tiwari Vs. Amar Prakash Tiwari" pending before the Hon'ble Supreme Court of India, for final settlement of the matter on following terms and conditions: - 1. Both the Parties hereto confirm and declare that they have voluntarily and out of their own free will and consent, decided not to live together as husband and wife and have arrived at this Settlement. Both the parties have decided to dissolve their marriage solemnized on 04.02.2016 by filing divorce petition before the competent court or through appropriate application before the Hon'ble Supreme Court of India. 2. It is agreed between the parties that the Second Party -husband shall pay a lumpsum amount of Rs. 2,00,00,000/-(Rupees Two Crore only) towards permanent alimony to the First Party - wife. This amount shall be full and final settlement amount agreed by the parties. It is further agreed that a sum of Rs. 1,00,00,000/- (Rupees One Crore only) out of the above amount shall be paid by the Second Party - Husband at the time of filing divorce petition before the competent court or through appropriate application to be filed before the Hon'ble Supreme Court of India and the remaining balance amount of Rs. 1,00,00,000/- (Rupees One Crore only) shall be paid by the Second Party - Husband to the First Party - Wife on the date of final hearing of the aforesaid petition / application, as the case may be, through a Bank Draft in the favour of the First Party-Wife payable at Mumbai. 3. That it is also agreed between the Parties that the ornaments and other valuable presently kept inside the locker of the State Bank of India, Ghosia, District Bhadohi, U.P. branch shall also be opened in the presence of both the parties after taking permission of the police/competent court and the same shall be handed over to the First Party - Wife. 4. 4. That, the Second Party has further agreed to voluntarily handover all other belongings of the First Party viz. clothes and I-20 Car (Registration No. UP 16 BD 8774) given by the First Party's family to the Second Party within 10 days from the date of execution of this Memorandum of Settlement. 5. That parties have agreed to apply for withdrawal/ quashment of various legal proceedings and cases pending against each other before the different Courts and Authorities, subject to satisfaction of payment of the settlement amount as agreed in clause 2 above. The details of the cases inter se the parties hereto are as under: - (i). Complaint dated 06.07.2020 filed by the First Party before the Sr. Inspector of Police, Nehru Nagar Police Station, Kurla, Mumbai, Maharashtra. (ii). F.I.R. No. 352 of 2020 dated 8.8.2020 lodged by the First Party-Wife Under Section 498 (A), 323, 504, 506, 406/34 at Police Station, Nehru Nagar, District Mumbai, Maharashtra. (iii). Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed by the First Party dated 22.10.2020 pending before the Learned Metropolitan Magistrate, 34th Court at Vikroli, Mumbai in Case No. 97/PWDV/2020 against the Second Party and his family members namely; Babali Tiwari, Varun Alok Mishra & Suryamani Tiwari. (iv). Petition u/s 13 of the HM Act being HMA No. 144 of 2020 dated 02.12.2020 filed by the Second Party - Husband and pending before the Court of Learned Principal Judge, Family Court, Varanasi U.P. 6. Subject to the performance of this Memorandum of Settlement in the manner as agreed hereinabove, both the parties hereto agree that they have mutually settled all their disputes and grievances amicably against each other and against their family members and undertake not to file and/or institute any proceeding(s) whether criminal or civil in nature against each other or against family members in any forum or stake any claim on the movable and/or immovable, joint or ancestral, self-acquired or HUF properties of the either party or their family members. 7. The parties hereto agree, confirm and undertake not to do any act whereby they or their family members be defamed and/or their reputation/s is maligned and/or undermined before nearby relatives. 8. 7. The parties hereto agree, confirm and undertake not to do any act whereby they or their family members be defamed and/or their reputation/s is maligned and/or undermined before nearby relatives. 8. The Parties agree to indemnify and keep indemnified each other in the event they and/or their family members/kith and kins do any act which harms/maligns the reputation of the affected party and/or their family members. 9. The parties state and confirm that no family member of each party hereto shall have any claim of any nature whatsoever from the other party and/or their family members. 10. Both the parties agree and undertake not to harass each other in any manner and/or visit each other at their residence or work place and further agree and undertake that they will not talk to each other regarding any acrimonious dispute between them in the past. 11. Both the parties agree that they will not commit any act of using any social media i.e., email, Face book-id etc. against each other. 12. The First Party-Wife agrees and undertakes that she will not have any other claim of any nature (including maintenance) under any provision of law against the Second Party, after obtaining final order/ decree of Divorce. 13. That the parties have agreed that in case they default to do or perform their part of obligation as agreed herein in the present settlement then in such event the defaulting party would be liable return all the benefits so received in terms of the present settlement to the other party to this Memorandum of Settlement. 14. The Parties undertake to abide by the terms and conditions set out in this Memorandum of Settlement which have been arrived between the parties hereto without any coercion, duress, undue influence or collusion and undertake not to raise any dispute whatsoever in future against the other party. 15. The terms of this Memorandum of Settlement have been read over and explained in detail to both the parties in English and vernacular language. 16. That the parties are accordingly signing this Memorandum of Settlement in presence of witnesses to authenticate their will to comply with the same as agreed hereinabove. [RAKSHA TIWARI] [AMAR PRAKASH TIWARI] First Party -Wife Second Party - Husband Witness Witness 1. VINOD KUMAR MISHRA 2. SURYAMANI TIWARI" 4. 16. That the parties are accordingly signing this Memorandum of Settlement in presence of witnesses to authenticate their will to comply with the same as agreed hereinabove. [RAKSHA TIWARI] [AMAR PRAKASH TIWARI] First Party -Wife Second Party - Husband Witness Witness 1. VINOD KUMAR MISHRA 2. SURYAMANI TIWARI" 4. It has also been pointed out that acting on the said settlement, certain items/assets have been delivered to the present petitioner(wife) on 09.09.2021 in terms of the other memorandum drawn on the even date, that reads as under: - "The following items were received by Ms. Raksha Tiwari herself alongwith her mother on 9th September, 2021 in presence of witnesses: - 1. Passport in the name of Ms. Raksha Tiwari. 2. Hyundai I20 Car Registration No. UP16BD8774 3. Idol of Laddu Gopal. 4. One packed suitcase (Red Colour) 5. One packed suitcase (Green Colour) 6. All ornaments kept in the locker (Godrej) in the Bedroom of Flat No. 1064 Tower, ATS Paradise, CHI IV, GNOIDA alongwith watch. 7. Twenty big size carton boxes, wherein all belongings were packed by Ms. Raksha Tiwari herself. All aforesaid belongings were kept in the premises of Flat No. 1064, Tower-I, ATS. Boxes size I1 x 20'inches x 20 inches x 20 inches. 8. One suitcase (light blue)" 5. The parties have moved a joint application (I.A. No. 138413 of 2021) for dissolution of marriage by a decree of divorce by mutual consent. This apart, the respondent has also moved another application (I.A. No. 67682 of 2022) pointing out that a sum of Rs. 1,00,00,000/- (Rupees One Crore) has already been paid through Demand Draft Nos. 880016 and 880017 in the sum of Rs. 50,00,000/-(Rupees Fifty Lakhs) each, dated 01.11.2021 and 04.11.2021 respectively, issued by the State Bank of India, Branch Office, Greater Noida, payable at Nehru Nagar, Kurla, Mumbai in favour of the petitioner. It has also been pointed out that ten other Demand Drafts, each in the sum of Rs. 10,00,000/- (Rupees Ten Lakhs), have been obtained from the State Bank of India payable to the petitioner. These Demand Drafts have been handed over by the respondent-husband to the petitioner, both of whom are present in the Court. It has also been pointed out that ten other Demand Drafts, each in the sum of Rs. 10,00,000/- (Rupees Ten Lakhs), have been obtained from the State Bank of India payable to the petitioner. These Demand Drafts have been handed over by the respondent-husband to the petitioner, both of whom are present in the Court. In this application (I.A. No. 67682 of 2022), the respondent has prayed for the following reliefs: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to: (a) Dissolve the marriage solemnized on 04.02.2016 between the parties, by decree of divorce as per conditions stated in the present application, I.A. No. 138413 of 2021 and in terms of the Memorandum of Settlement dated 09.09.2021 signed by the Petitioner/Wife and Respondent/Husband; (b) Direct the State Bank of India to permit the Petitioner/Wife to open the Bank Locker No. 37 at Ghosiya Branch, District Bhadohi, U.P. and collect all the belongings and ornaments kept in the aforesaid locker as the locker was directed to be freezed by an order dated: 05.10.2020 issued by Mr. Vithal Gangaram Nawade, Assistant Police Inspector, Nehrunagar Police Station Mumbai, Maharashtra; and (c) Quash/close the various legal proceedings and cases pending against each other before the different Courts and Authorities. The details of the cases inter se the parties hereto are as under: - (i) Complaint dated 06.07.2020 filed by the Petitioner Wife before the Sr. Inspector of Police, Nehru Nagar Police Station, Kurla, Mumbai which is marked as Annexure P-1 (12-26) in the Present Transfer Petition. (ii) F.I.R. No. 352 of 2020 dated 8.8.2020 lodged by the Petitioner-Wife under Section 498(A), 323, 504, 506, 406/34 at Police Station, Nehrunagar, District Mumbai, Maharashtra which is marked as Annexure P-2 (27-47) in the Present Transfer Petition. (iii) Application under Section 12 of the Protection of Women from Domestic Violation Act, 2005 filed by the Petitioner dated 22.10.2020 pending before Learned Metropolitan Magistrate, 34th Court at Vikroli, Mumbai in Case No. 97/PWDV/2020 filed by the Petitioner/Wife which is marked as Annexure P-4 (53-90) in the Present Transfer Petitioner. (iii) Application under Section 12 of the Protection of Women from Domestic Violation Act, 2005 filed by the Petitioner dated 22.10.2020 pending before Learned Metropolitan Magistrate, 34th Court at Vikroli, Mumbai in Case No. 97/PWDV/2020 filed by the Petitioner/Wife which is marked as Annexure P-4 (53-90) in the Present Transfer Petitioner. (iv) Petitioner u/s 13 of the HM Act being HMA No. 144 of 2020 dated 02.12.2020 filed by the Respondent-Husband before the court of the learned Principal Judge, Family Court, Varanasi which is marked as Annexure P-5 (91-103) in the Present Transfer Petition; and (d) Pass such further order(s) as may deem fit and proper in the facts and circumstances of the case." 6. Taking note of the submissions made jointly by the parties and in the totality of the circumstances of this case, it appears just and proper to accept the terms of settlement and to dissolve the marriage of the parties by a decree of divorce by mutual consent in exercise of our powers under Article 142 of the Constitution of India. Further, in the interest of justice and looking to the terms of the settlement, it appears just and proper to quash the other proceedings, as mentioned in paragraphs 5(i) (ii) (iii) of the Memorandum of Settlement. Ordered accordingly. 6.1. The petition for dissolution of marriage as mentioned in paragraph 5(iv) of the Memorandum of Settlement shall also stand disposed of in terms of this order. 6.2 In view of the terms of settlement as agreed to by the parties, the State Bank of India, Ghosiya Branch, District Bhadohi, U.P. is directed to permit the petitioner to open Locker No. 37 and to collect the belongings therein. The order said to have been issued earlier on 05.10.2020 by the Assistant Police Inspector, Nehru Nagar Police Station, Mumbai for freezing of the said locker is lifted and annulled. 7. The parties agree that, henceforth, they will not initiate any proceedings against each other in reference to the issues which stand closed in terms of the Settlement Agreement. The Settlement Agreement has been taken on record, made part of this order and accepted by the Court. All claims stand settled in terms of the Settlement Agreement. The parties undertake to abide by their obligations without any exception. 8. Consequently, this Transfer Petition (Civil) No. 229 of 2021 is disposed of in the aforementioned terms. The Settlement Agreement has been taken on record, made part of this order and accepted by the Court. All claims stand settled in terms of the Settlement Agreement. The parties undertake to abide by their obligations without any exception. 8. Consequently, this Transfer Petition (Civil) No. 229 of 2021 is disposed of in the aforementioned terms. All pending applications also stand disposed of.9. While disposing of the matter, we place on record our appreciation for the efforts made by the respective learned counsel in assisting the parties to arrive at an amicable settlement.