ORDER : 1. During the course of the mediation proceedings before the Mediation Centre of the Supreme Court, a settlement has been arrived at between the parties. The settlement has been signed by the parties and by the Advocates and by the Mediator. 2. For convenience of reference, the settlement is extracted below: “This Settlement Agreement is entered into between the Petitioner, Mr. Mayukh Datta S/o Sh. R.K. Dalln, R/o C-404, Sai Mitra Meadows, Opposite KGKV School, IA Cross, Kaggadasapura, CV Raman Nagar, Bcngaluru (Bangalore), Karnataka (Hereinafter referred as Respondent-Husband) and Ms. Garima Valecha W/o Mayukh Datta and D/o Sh. Dev Kumar Valecha, House/Plot No. 3, Block C-3, Opposite House No. 1047, Near Chou, Shani Mnndir, Town and Tehsil Rajpura, District Patiala 140401, Punjab, presently residing at/1427, 5050, Hacienda Dr. Emerald Park, Dublin CA 94568 UNITED STATES OF AMERICA (Hereinafter referred as Petitioner-Wife) and collectively referred to as the Parties: 1. The marriage between both the Petitioner-Husband and Respondent-Wife was solemnized as per Hindu rites and customs on 28.01.2007 in Patiala, Punjab, India. Both the parties resided together as husband and wife up to June 2020. Thereafter, the disputes and differences arose between the parties hereto and they started living separately and are living separately since July 2020. 2. That there are two daughters from the said wedlock namely Anushka Datta and Ashwika Datt. Anushka Datta was born on 12.08.2008 and Ashwika Datta was born on 24.02.2013. Both the girls are minors and are in care and custody of the Respondent-Wife. 3. Vide order dated 13.10.2022 passed by Hon'ble Mr. Justice A.S. Bopanna and Hon'ble Mr. Justice Vikram Nath, this matter had been referred to Supreme Court Mediation Centre and the parties were directed to appear either physically or through Video Conferencing on 03.11.2022 at 11:00 a.m. before Supreme Court Mediation Centre. 4. That the comprehensive mediation sessions were held through Video Conferencing with the parties on 3.11.2022, 10.11.2022, 17.11.2022, 29.11.2022, 13.12.2022, 06.01.2023, 07.01.2023, 09.01.2023, 04.02.2023, 17.03.2023 by Video Conferencing and today i.e., on 17.04.2023 the parties have entered into this final settlement/agreement on the following terms & conditions: 5. That both the parties hereto confirm and declare that they have, voluntarily and of their own free will have decided not to live together as wife and husband and have decided to dissolve their marriage by mutual consent. That both the parties hereto confirm and declare that they have, voluntarily and of their own free will have decided not to live together as wife and husband and have decided to dissolve their marriage by mutual consent. Both the parties have arrived at this Settlement in the presence of the Mediator, the counsel for the Petitioner and Counsel for the Respondent. 6. That it has been agreed and undertaken that exclusive and sole legal custody of the two daughters Anushka Datta and Ashwika Datta shall remain with the Respondent-Garima Valecha. The Petitioner-Mayukh Datta shall be at liberty to remain in telephonic/Video Conferencing touch and contact with the two daughters subject to their schedule and mutual convenience and the Respondent-Garima Valecha shall have no objection to the same. Further the Respondent-Garima Valecha undertakes that she shall bring the two daughters once every 18 months (one and a half years) (computed from the date of execution of this settlement agreement) at her own expense to India at her paternal home in Rajpur, Patiala from where the Petitioner-Mayukh Datta shall have the right to collect and pick the two daughters and to spend at least 15-20 days with them, at his own expense, and subject to the mutual convenience and comfort level of the two daughters. The Petitioner will be however informed at least one month in advance of the children's visit to India to enable the Petitioner to make necessary arrangements for their stay etc. 7. It is mutually agreed that sole and exclusive physical and legal custody of both the daughters of the parties shall remain with the Respondent Garima Valecha. In other words, the Respondent Garima Valecha shall have the sole and exclusive physical custody and sole and exclusive legal custody of the two daughters. The two daughters will live with the mother-Respondent Garima Valecha and shall travel with her. Absolute and unhindered permission is granted to the mother-Respondent Garima Valecha, that the two daughters shall live with her wherever she lives, anywhere in India or abroad including but not limited to the United States of America. The Respondent Garima Valccha shall have the exclusive right to make all the decisions on behalf of the two daughters regarding issues including but not limited to their healthcare, education, travel, transportation, school, college, Extra Curricular activities, immigration, Passport. Visa etc. and to live in or anywhere outside India. The Respondent Garima Valccha shall have the exclusive right to make all the decisions on behalf of the two daughters regarding issues including but not limited to their healthcare, education, travel, transportation, school, college, Extra Curricular activities, immigration, Passport. Visa etc. and to live in or anywhere outside India. The Petitioner shall have the visiting rights of the daughters in mutual consent of the daughters and as per their convenience, anywhere in or outside India. The Petitioner may also be given liberty to aid and advice the daughters whenever they so desire and be updated on major subjects pertaining to health and education of the daughters by any third person if not the Respondent herself. 8. That the Petitioner-Mayukh Datta undertakes that he shall deposit a sum of Rs. 2,00,000 (Rs. Two Lakh) each for two daughters of the Parties (i.e. total Rs. Four Lakh) every year for meeting a part of the expenditure being incurred in the educational and other pursuits and day to day livelihood of the two daughters of the parties viz. Anushk Datta and Ashwika Datt, who are residing with the Respondent Garima Valecha. The first such payment shall be made between January and March 2024. The Petitioner-Mayukh Datta has undertaken that he shall continue to deposit the said amount of Rs. 2 lakh each (total Rs. 4 Lakh) each year upto the year or attaining of majority (18 years of age) of each daughter, in other words, he shall deposit Rs. 2 Lakh between January and March of every year beginning in 2024 upto January 2026 for elder daughter Anushka Datta and shall deposit further Rs. 2 Lakh between January and March every year beginning January 2024 upto January 2031 for the younger daughter Ashwika Datta. The aforesaid amounts shall be deposited in the HDFC Bank Account of the Respondent-Garirna Valecha, details of which are given above, or any other Account in her name as may be informed by her to the Petitioner Mayukh Datta from time to time, and the Respondent-Garima Valecha has agreed and undertaken to utilize the said amounts for the education and other day to day expenses and pursuits of the two daughters of the parties. 9. The Petitioner-Mayukh Datta undertakes that be shall pay a lump sum amount of Rs. 20,000,00/- (Rs. 9. The Petitioner-Mayukh Datta undertakes that be shall pay a lump sum amount of Rs. 20,000,00/- (Rs. Twenty Lakh only) to the Respondent-Garima Valecha upto 31.07.2023 by transferring the same in her Bank Account details of which are as under: HDFC Bank Name: Garima Valecha Savings Account No. 50100229005802 Branch: HDFC Bank Ulsoor-2, Bangalore It is agreed and undertaken that in case the Petitioner Mnyukh Datta is unable to pay the said amount or any part of it by 31.7.2023, he shall pay interest 12% per annum after 31.7.2023 on the pending amount upto the date of payment. 10. The Petitioner-Mayukh Datta undertakes he shall apply to the State Bank of India- Branch at SBI, BAGMANE TECH PARK Branch (UNIT No. 13, GROUND FLOOR BAGMANE COMMERZ, BAGMANE TECHPARK C V RAMAN NAGAR, BANGALORE (BENGALURU) District: BANGALORE URBAN State: KARNATAKA Pincode-560093) for removal of his name from Joint Account No. 00000020026436696 and shall get his name removed and deleted from the said Account on or before 31.3.2023 and shall inform the said Bank accordingly in writing with copy to the Respondent Garima Valecha. He further undertakes that the entire amount lying in the said Bank Account as on date shall belong to the Respondent-Garima Valecha and the Petitioner-Mayukh Datta shall have no right, interest or claim to the said amount or any part of it and it shall be the right of the Respondent-Garima Valecha to operate the said Account as the Sole account holder or to close the account by withdrawing the entire amount lying in the said Account. 11. That it is further mutually agreed between the parties that Locker no. 1290 in State Bank of India, Branch-Site No 21 & 22, Kaggadasapura Main Rd., Bengaluru, Karnataka 560093, India (which is in joint name of the parties, and the Petitioner Mayukh Datta has himself provided this Locker number) and all its present contents, shall belong exclusively to the Petitioner-Mayukh Datta and the Respondent-Garima Valecha undertakes to apply to the said Bank online or by Email or by sending a duly signed and notarized letter (if required) by Post and to take all necessary steps to delete and remove her name from the said Locker. The Petitioner Mayukh Datta shall have the right to solely operate the said locker and its contents or to close the same. The Petitioner Mayukh Datta shall have the right to solely operate the said locker and its contents or to close the same. For the said purpose the Petitioner-Mayukh Datta shall inform the relevant procedure to the Respondent-Garima Valecha by ascertaining the procedure from the Bank, in writing by Email, on or before 07.04.2023 in order to enable the Respondent-Garima Valecha. to follow the process online or by Email or by letter on or before 07.04.2023. 12. That the Petitioner-Mayukh Datta has agreed and undertakes that he shall send by Courier/Transport Company the following goods/articles of the Respondent-Garima Valecha on or before 5.4.2023, to the address of the father of the Respondent-Garima Valecha (Sh. Dev Kumar Valecha), being House/Plot No. 3, Block C-3, Opposite House No. 1047, Near Chota Shani Mandir, Rajpura 140401, District Patiala, Punjab: (i) All the God wall hangings/pictures and Mandir Wall hangings in the living room and the one overlooking dining table. (ii) Kitchen: There is a silver plate and silver bowl which is kept in Kitchen overhead shelf opposite to the cook-top. There is some stuff, which is related to mandir and God Idols which is kept in the kitchen upper almirahs. (iii) Kitchen unopened/unused utensils; Set of glasses, pots and pans which the Respondent-Garima Valecha had purchased or were given by her parents. (iv) Utensils in crockery unit (inside the glass cupboard), as well as in the wooden cupboard. (v) A Trunk: It hos all the kids' clothes which are for winter. The trunk was given at the time of wedding. (vi) The stuff which is in boxes of beds of master bedroom. There are multiple quilts, new bed-sheets and blankets. (vii) The study tables in kids bedroom for both the children. (viii) All the stuff which belongs to Garima in her cupboard. (ix) The dresses which are in Kid's cupboard. (x) Books in the shelves near TV. (xi) There is some stuff in over head lofts, which were bought by parents of the Respondent-Garima Valecha, or herself, for her and for the two kids. (xii) Stuff in the almirah below window of the master and guest bedroom. 13. That the Respondent-Garima Valecha undertakes that upon and after the Petitioner-Mayukh Datta complying with the aforesaid terms including transfer of the aforesaid amount of Rs. (xii) Stuff in the almirah below window of the master and guest bedroom. 13. That the Respondent-Garima Valecha undertakes that upon and after the Petitioner-Mayukh Datta complying with the aforesaid terms including transfer of the aforesaid amount of Rs. 20 lakh to the Respondent-Garima Valecha (with interest, if applicable), getting his name deleted from the aforesaid Joint Account No. 00000020026436696 SBI Bagmane Tech Park, Bangalore, Karnataka, India and sending the goods and articles by Courier, the Respondent-Garima Valecha in consideration thereof shall transfer/relinquish/release her half share and all her rights, title and interest in the Flat being C-404, Sai Mitra Meadows, Opposite KGKV School, IA Cross, Kaggadasapura, CV Raman Nagar, Bangalore, Karnataka, India. For the said purpose the Petitioner-Mayukh Datta shall ascertain and inform the Respondent-Garima Valecha about the relevant procedure and shall provide the language/text of Special/General Power of Attorney to the Respondent-Garima Valecha by Email including in whose name the SPA/GPA must be executed, which Special/General Power of Attorney shall be executed by the Respondent-Garima Valecha at United States of America in favour of her close relative in India as may be ascertained and suggested by Petitioner-Mayukh Datta as per prevailing Rules and Regulations. As per such information received from the Petitioner-Mayukh Datta the Respondent-Garima Valecha shall also get the said Special/General Power of Attorney endorsed at the Indian Embassy/High Commission at USA thereby authorizing a close relative in India to execute appropriate documents such as a Release Deed or a Relinquishment Deed or a Transfer Deed as may be suggested by the Petitioner-Mayukh Datta as per prevailing Rules and Regulations, of her share, rights, title and interest in the said Flat in favour of the Petitioner-Mayukh Datta. The same shall be done by the Respondent Garima Valecha within reasonable time of the Petitioner-Mayukh Datta providing all relevant information to the Respondent-Garima Valecha, as is required as aforesaid, as the Petitioner Mayukh Datta has agreed to pay Rs. 20 Lakh by 31.7.2023. 14. That upon execution and registration of the said documents, the Respondent-Garima Valecha shall not be left with any right, title or interest in the said Flat and the Petitioner-Mayukh Datta shall be the absolute owner of the entire said Flat with all ownership rights. 15. 20 Lakh by 31.7.2023. 14. That upon execution and registration of the said documents, the Respondent-Garima Valecha shall not be left with any right, title or interest in the said Flat and the Petitioner-Mayukh Datta shall be the absolute owner of the entire said Flat with all ownership rights. 15. It is mutually agreed between the parties that the entire: responsibility and expense of stamping, franking or following any Rules or Regulations in making the aforesaid General/Special Power of Attorney workable and acceptable to the authorities in India shall be borne by the Respondent Garima Valecha and the entire responsibility and expense for drafting, execution and registration of the relevant Transfer Documents including drafting fee, registration fee, stamp duly etc. shall be borne by the Petitioner Mayukh Datta. The Respondent-Garima Valecha is not in a position to come to India for the next 18 months and therefore the GPA/SPA procedure shall be followed as aforesaid and the Petitioner Mayukh Datta has made all inquiries in this regard from the concerned Authorities. 16. The Respondent-Garima Valecha shall arrange at her own expense for the travel and accommodation of the Special/General Power of Attorney holder of the Respondent for visit to Bangalore to execute the relevant documents as aforesaid and shall coordinate with and inform the Petitioner Mayukh Datta about the same after having received information from him about the documents of transfer being ready. The parties shall coordinate and render all cooperation in this regard. 17. That the parties have agreed and undertaken that they shall apply to the Hon'ble Supreme Court of India under Article 142 of the Constitution of India read with Section 13-B of the Hindu Marriage Act, 1955 for a decree of divorce by mutual consent, upon and after execution of the present settlement agreement, incorporating the terms of this agreement in the said application and the accompanying affidavits, further praying that the Application be allowed after terms of this agreement are fulfilled by the Parties. 18. 18. It is agreed between the parties that in case for any reason, the Hon'ble Supreme Court does not grant decree of divorce, then both the Petitioner-Husband and the Respondent-Wife shall move the competent Court at Family Court, Rajpura, Punjab, or the competent court as directed by the Hon'ble Supreme Court of India, for seeking a decree of divorce by mutual consent under Section 13 (B) of the Hindu Marriage Act, 1955, within a period of three weeks from the date of the final order of the Hon’ble Supreme Court passed in the T.P. (C) No. 1233 of 2022. 19. It is agreed between both the parties that they shall not interfere with each other’s personal or professional life post obtaining the divorce by mutual consent and after execution of the present Settlement Agreement. 20. The parties have agreed to remain bound by the terms of this agreement and shall render all cooperation in fulfilling the terms in letter and spirit. 21. It is agreed and understood that apart from the Divorce Petition filed by the Respondent-Garima Valecha at Rajpura, Punjab, for which the Petitioner has filed the Transfer Petition in the Hon’ble Supreme Court of India, no other case or complaint has been filed by the Parties against each other and/or their relatives, and no such case shall be filed by any of the Parties against each other and/or their family members regarding this matrimonial alliance in future. 22. That both the parties agree and undertake that they have settled all their disputes, claims and grievances against each other and against their family members amicably and they shall not file any complaints, proceedings whether criminal or civil, if any against each other or their family members or stake any claim on the movable or immovable, joint or ancestral, self-acquired or HUF properties, if any, or either parties and their respective families. Both the parties further undertake that there are no other matters pending between them or filed by them apart from the Divorce Petition filed by the Respondent Garima Valecha. The parties undertake to abide by the terms of the settlement agreement. 23. In view of the terms of this settlement-agreement, both the panics herein undertake to withdraw all the pending cases, if any, against each other before any court of law or any other forum and would take all necessary steps for the same. 24. The parties undertake to abide by the terms of the settlement agreement. 23. In view of the terms of this settlement-agreement, both the panics herein undertake to withdraw all the pending cases, if any, against each other before any court of law or any other forum and would take all necessary steps for the same. 24. Both the parties undertake that henceforth, they would not interfere in the life of each other by any means and would not file any Civil/Criminal complaint or any case against each other or their family members with regard to the present matrimonial alliance. 25. Both the parties agree that this settlement is full and final and there shall remain no dispute, difference, litigation, claim or counter claims whatsoever, whether tangible or intangible of any nature between the Parties. The Parties shall take necessary steps and actions to implement the Agreement in its true letter and spirit. 26. The parties undertake before this Hon'ble Court to abide by the terms and conditions set out in the above mentioned 'Settlement Agreement', which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth. 27. That both the parties have gone through the details of the aforesaid terms of settlement agreement and have understood the same. 28. That the parties are accordingly signing this settlement agreement and sending this Settlement-Agreement in the form of PDF file to authenticate their will to comply the same as agreed above. 29. It has been agreed between the parties that the Respondent-wife shall send the settlement agreement duly signed and notarized/endorsed at the Indian Embassy/High Commission in United State of America, and the Petitioner-Husband shall also sign the some in India and get it notarized on the same date on the second copy. Thereafter both the parties shall send their respective duly signed copies of the present settlement agreement to their respective advocates who shall appear in the Supreme Court Mediation Centre on the date fixed by the Mediator and submit the settlement agreement to the Mediator and sign it. Alternatively the Petitioner-Husband will appear before the Supreme Court Mediation Centre to sign and get notarized the same copy of the signed agreement which is sent by the Respondent-Wife, on a date fixed after consultation between the Parties and their counsel. 30. Alternatively the Petitioner-Husband will appear before the Supreme Court Mediation Centre to sign and get notarized the same copy of the signed agreement which is sent by the Respondent-Wife, on a date fixed after consultation between the Parties and their counsel. 30. That by signing this Agreement, the parties hereto solemnly state and affirm that upon fulfillment of the terms of this agreement, they shall have no further claims or demands against each other and all the disputes and differences shall stand settled by the parties hereto through the process of Mediation. (Mr. Mayukh Datta) (Ms. Garima Valecha) (Mr. Rituraj Biswas) (Mr. Gagan Gupta, Advocate) (Ms Nanda Devi Deka) Advocate for the Respondent Advocates for the Petitioner (Ms. Manjula Gupta) Mediator 3. Paragraph 17 of the settlement envisages that the decree for divorce by mutual consent be passed by this Court under Article 142 of the Constitution. 4. Having regard to the facts and circumstances of the case and the mutually expressed desire of the parties, we order and direct that there shall be a decree for divorce by mutual consent in the exercise of the jurisdiction of this Court under Article 142 of the Constitution. Both the parties shall comply with their respective obligations in terms of the settlement. 5. The Registry shall draw up the decree accordingly. 6. The Transfer Petition is accordingly disposed of. 7. Pending applications, if any, stand disposed of.