ORDER 1. During the course of the mediation before the Supreme Court Mediation Centre, the parties have arrived at a Memorandum of Settlement dated 8 April 2022. 2. The Memorandum of Settlement is extracted below for convenience and reference : "MEMORANDUM OF SETTLEMENT The Hon'ble Supreme Court vide order dated 22/10/2021 passed in Transfer Petition (Civil) No. 1726/2021 with Transfer Petition (Criminal) No. 434/2021, referred these matters to Mediation Centre Supreme Court. In pursuance of the order passed by the Hon'ble Supreme Court, both parties were physically present on 04.12.2021, thereafter matter was taken up virtually on respective dates 08.01.2022, 14.01.2022, 22.01.2022, 02.02.2022, 12.02.2022, 19.02.2022, 26.02.2022, 07.03.2022, 15.03.2022, 24.03.2022, 29.03.2022 and today i.e. 08.04.2022 physically. The Mediation proceedings were concluded between parties and finally both parties are ready to settle the disputes between them by way of signing this memorandum of settlement. Parties are liable to proceed as per terms and conditions mentioned in this Memorandum of Settlement. As such this Memorandum of Settlement is made at Mediation Centre, Supreme Court, New Delhi on this 08th Day of April, 2022. BETWEEN SMT. PRAGYA TANDON W/o Shri Dheeraj Arora D/o Sri Satya Narayan Tandon aged about 34 years Resident of Qr. No. 3038, Sector 12 B, Near SBI ATM, PO & PS Sector 12, Bokaro Steel City District- Bokaro, Jharkhand (hereinafter called 'First Party') AND SRI DHEERAJ ARORA S/o Sri Kamal Kumar Arora aged about 30 years, Resident of House No. 24/4, Chander Nagar Gate, Alambag Lucknow, Uttar Pradesh (hereinafter called 'Second Party') WHEREAS the marriage was solemnized between the parties according to the Hindu rites and ceremonies on 06.07.2018 at Lucknow, Uttar Pradesh. WHEREAS after the solemnization of marriage, both the parties live and cohabited together as husband and wife and the marriage was consummated between the parties, however, no child has born out of the said wedlock. WHEREAS after the marriage due to the differences of opinion, feelings, personal preference, liking, temperamental attitudes, disputes arose between the parties and the parties started living separately. The parties are living separately since 24.06.2020. WHEREAS the marriage between the parties has irretrievably broken down due to irreconcilable differences in temperament and they have been living separately now.
WHEREAS after the marriage due to the differences of opinion, feelings, personal preference, liking, temperamental attitudes, disputes arose between the parties and the parties started living separately. The parties are living separately since 24.06.2020. WHEREAS the marriage between the parties has irretrievably broken down due to irreconcilable differences in temperament and they have been living separately now. WHEREAS ever since the date of separation i.e. 24.06.2020 the parties did not and could never adjust themselves and the relatives and friends of both the parties have tried their level best to persuade the parties but the parties are not at all inclined to live together as husband and wife any further and thus there is no chance of their cohabiting together in future. The parties have thus agreed for dissolution of their marriage by way of obtaining a decree of divorce through mutual consent and have entered into an amicable settlement. AND WHEREAS both the parties out of their free will without any duress and coercion have settled all disputes, grievances and differences between them amicably on the following terms : TERMS & CONDITIONS: 1. That it is agreed between the parties that they shall jointly pray for dissolution of marriage as well as disposing of all the matters between the parties before the Hon'ble Supreme Court by making a joint request to the Hon'ble Court invoking its inherent power under Article 142 of the Constitution of India, by way of an appropriate application to be filed jointly by the Parties, (First Party & Second Party) for grant of divorce by mutual consent. 2. That the parties have further agreed that in the eventuality where application under Article 142 of the Constitution of India mentioned above is not allowed by the Hon'ble Supreme Court, the parties shall file a joint petition for divorce by mutual consent at Family Court, Lucknow without any delay. The parties agree and undertake that the first motion for divorce under Section 13-B(1) of the Hindu Marriage Act, 1955 for divorce by mutual consent be filed. 3. That it has been agreed between the parties that the Second Party shall pay a total sum of Rs.34,00,000/- (Rupees Thirty Four Lakhs Only) to the First Party towards all her expenses incurred at the time of marriage, maintenance (past, present and future) of the First Party as permanent alimony and towards all past and future claims.
3. That it has been agreed between the parties that the Second Party shall pay a total sum of Rs.34,00,000/- (Rupees Thirty Four Lakhs Only) to the First Party towards all her expenses incurred at the time of marriage, maintenance (past, present and future) of the First Party as permanent alimony and towards all past and future claims. This amount shall be treated as consideration towards full and final settlements for all the claims and disputes. 4. That at the time of signing of this Memorandum of Settlement, the Second Party shall hand over a Demand Draft of Rs.5,00,000/- (Rupees Five Lakhs) to the First Party bearing No. 090789 payable at Bokaro Steel City, Jharkhand. 5. That if the Hon'ble Supreme Court entertains the Application under Article 142 of the Constitution of India, the Second Party shall hand over a Demand Draft of Rs.29,00,000/- at the time of physical hearing before the Hon'ble Supreme Court. In case of virtual hearing, the parties shall present at Virtual Hearing Facilities at Supreme Court and handover the Demand Draft of the said amount. 6. That in case, the Hon'ble Supreme Court does not entertain the Application under Article 142 of the Constitution of India, the amount of Rs.14,50,000/- (Rupees Fourteen Lakh Fifty Thousand Only) shall be paid by the Second Party to the First Party at the time of presentation of First Motion for divorce by Mutual Consent under Section 13-B(1) of the Hindu Marriage Act, 1955 by way of Demand Draft payable at Bokaro. The remaining amount of Rs.14,50,000/- (Rupees Fourteen Lakhs Fifty Thousand only) shall be paid by the Second Party to the First Party at the time of presentation of Second Motion for divorce by Mutual Consent under Section 13-B(1) of the Hindu Marriage Act, 1955 by way of Demand Draft, payable at Bokaro. 7. That it is agreed that Second Party shall provide a lump sum amount of Rs.40,000/- (Rupees Forty Thousand only) to First Party as to meet out travelling and miscellaneous expenditure towards filing of Divorce Petition by mutual consent at Lucknow, Uttar Pradesh. 8. That it is agreed that both Parties shall withdraw/cooperate in quashing all their cases filed in courts or anywhere else against each other and their family members, enumerated herewith:- . Complaint Petition No. 143 of 2021 pending before Chief Judicial Magistrate, Bokaro, Jhakhand .
8. That it is agreed that both Parties shall withdraw/cooperate in quashing all their cases filed in courts or anywhere else against each other and their family members, enumerated herewith:- . Complaint Petition No. 143 of 2021 pending before Chief Judicial Magistrate, Bokaro, Jhakhand . Divorce Petition bearing Petition No. 1677 of 2021 pending before Family Court, Lucknow, Uttar Pradesh. The parties will make a joint request before the Hon'ble Supreme Court to dispose of the following petitions in terms of this Memorandum of Settlement. . Transfer Petition (Civil) No. 582 of 2021. . Transfer Petition (Civil No. 1726 of 2021. . Transfer Petition (Crl.) No. 434 of 2021. 9. That the parties shall not raise any claim/s against each other or each other's parents, brothers, sisters and other relatives, in respect of the expenses incurred on the solemnization of marriage and the gifts preferred maintenance, alimony, dowry or Stridhan etc. 10. That it has also been assured by both the parties that none shall raise any claim/s in respect of any movable and/or immovable properties business, goods and assets of each other. 11. That it has also been assured by both the parties hereto do not have any grievance left against each other, therefore, in view of the same, they have further undertaken that they shall not level any allegations against each other or each other's parents/relatives or cause to act in a manner so as to harm the reputation and image of the other, in the family or the society at large. 12. That it is agreed that the First Party does not have any claim/s left pending against the Second Party on account of maintenance (past, present and future) permanent alimony dowry, stridhan or any property or gifts of any nature whatsoever. Also both the parties do not have any grievance against each other and they have duly and peacefully settled the same to their entire satisfaction. 13. That the First Party shall have no other claim against the Second Party in future for all times to come and all her claims touching to the matrimonial life of the parties stand settled in all respect. 14. That both the parties have agreed to dissolve their marriage by way of mutual consent.
13. That the First Party shall have no other claim against the Second Party in future for all times to come and all her claims touching to the matrimonial life of the parties stand settled in all respect. 14. That both the parties have agreed to dissolve their marriage by way of mutual consent. That both parties shall appear before the Family Court/Competent Court if the Hon'ble Supreme Court does not entertain Petition under Article 142 of the Constitution of India within 30 days of execution of the MOS for obtaining the divorce by mutual consent. 15. That First Party has agreed that she will appear before Family Court, Lucknow on maximum two occasions otherwise for each visit additional expenses will be reimbursed by the Second Party for obtaining the divorce by mutual consent. WHEREAS both parties have consented to this Memorandum of Settlement out of their own sweet will, and without any undue influence or duress and they are bound with the terms and condition of this agreement. That both the parties shall not withdraw their consent for obtaining the divorce by mutual consent till they obtained the divorce by mutual consent and both the parties have surrendered their rights to withdraw their consent for obtaining the divorce by mutual consent. IN WITNESS WHEREOF, both the parties have signed their respective hands on this Memorandum of Settlement in the presence of the under-mentioned witnesses, on the date, month, year and place first mentioned above." 3. The respondent had earlier paid an amount of Rs 5,00,000 out of the total sum of Rs 34,00,000 payable to the petitioner towards alimony. Two demand drafts for the balance of Rs 29,00,000 have been handed over by learned counsel appearing for the petitioner to the learned counsel for the respondent. 4. Since the dispute between the parties has been settled and, as requested by them in terms of the Memorandum of Settlement, there shall be a decree for divorce by mutual consent in exercise of the jurisdiction of this Court under Article 142 of the Constitution of India. 5. All the criminal proceedings between the parties shall stand quashed as envisaged in paragraph 8 of the settlement. The Transfer Petitions as mentioned in paragraph 8 of the Settlement shall also stand disposed of. 6. The Registry shall draw up a decree in the above terms. 7. The Transfer Petition is, accordingly, disposed of.
5. All the criminal proceedings between the parties shall stand quashed as envisaged in paragraph 8 of the settlement. The Transfer Petitions as mentioned in paragraph 8 of the Settlement shall also stand disposed of. 6. The Registry shall draw up a decree in the above terms. 7. The Transfer Petition is, accordingly, disposed of. 8 Pending application, if any, stands disposed of.