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2024 DIGILAW 1344 (SC)

Abhishek Raj v. Neha Singh

2024-12-17

ABHAY S.OKA, AUGUSTINE GEORGE MASIH

body2024
ORDER : 1. A copy of the Settlement Agreement dated 19th November, 2024 is placed on record. The Settlement Agreement has been admittedly signed by both the parties to the petitions, their respective Advocates, sister of the respondent as well as the learned Mediator of the Supreme Court Mediation Centre. 2. The marriage between the parties was solemnized on 12th December, 2016. From March, 2022, due to disputes and differences, the parties are residing separately. The parties have accepted that the marriage has been irretrievably broken down. Therefore, they have prayed for exercise of power of this Court under Article 142 of the Constitution of India to dissolve the marriage. The material terms and conditions of the Settlement Agreement are as under: 1. “Whereas the marriage between the petitioner and respondent wife was solemnized as per Hindu rites and ceremonies on 12.12.2016 at Varanasi. After marriage parties resided together at Bangalore and there is no issue out of wedlock. 2. Both the parties resided together as husband and wife till March, 2022, and thereafter since there were disputes and differences, the parties were living in Bangalore but separately. 3. The Petitioner Husband had filed a Petition to Divorce being Divorce Petition No. 841 of 2022 titled as “Abhishek Raj Vs Smt. Neha Singh” pending before the Principle Judge Family Court at Varanasi. This matter has been sought to be transferred by way of T.P. (C) No. 424 of 2024 to an appropriate family Court at Bangaluru, Karnataka. 4. Whereas the Parties have filed following cases against each other:- (i) Divorce Petition No. 841 of 2022 titled as “Abhishek Raj Vs Smt. Neha Singh” pending before the Principle Judge Family Court at Varanasi. (Subject matter of T.P. (C) No. 424 of 2024). (ii) Criminal Misc Case No. 4506 of 2022 titled as Neha Singh Vs Abhishek Raj Singh and Ors Pending before the Additional Chief Judicial Magistrate, Lucknow. (Subject matter of T.P. (Crl) No. 164 of 2024). (iii) Criminal Case No. 42115 of 2023 titled as State of Uttar Pradesh Vs Abhishek Raj Singh and Ors Pending before the Additional Chief Judicial Magistrate, Lucknow. (Subject matter of T.P. (Crl) No. 165 of 2024). This matter emanates out of FIR No. 369 of 2022 filed before PGI Police Station Lucknow. (iii) Criminal Case No. 42115 of 2023 titled as State of Uttar Pradesh Vs Abhishek Raj Singh and Ors Pending before the Additional Chief Judicial Magistrate, Lucknow. (Subject matter of T.P. (Crl) No. 165 of 2024). This matter emanates out of FIR No. 369 of 2022 filed before PGI Police Station Lucknow. (iv) Transfer Application No. 552 of 2022 filed by the Respondent Neha Singh before the High Court of Judicature at Allahabad seeking transfer of case Divorce Petition No. 841 of 2022 titled as “Abhishek Raj Vs Smt. Neha Singh” pending before the Principle Judge Family Court at Varanasi to the Family Court at Lucknow. 5. Whereas Hon’ble Supreme Court vide Order dated 16.10.2024 in Transfer Petition (C) No. 424 of 2024 with Transfer Petition (Crl) Nos. 164 of 2024 with Transfer Petition (Crl) Nos. 165 of 2024 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held virtually between the parties and their respective advocates on 23.10.2024, 25.10.2024, 06.11.2024, 07.11.2024, 11.11.2024, and today i.e. 19.11.2024 (physically for signing of the present Settlement Agreement). 6. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent:- A. That the parties have agreed that the Petitioner -husband will pay to the Respondent-wife a total sum of Rs. 40,00,000/- (Rupees Forty Lakhs Only) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever. The same has been handed over by way of a Demand Draft bearing No. 582567 dated 14.11.2024 drawn on ICICI Bank MG Road Bangalore by the Petitioner Abhishek Raj to the Respondent Neha Singh. The Respondent Neha Singh acknowledges receipt of the same. B. That further the Petitioner has handed over 1 I Phone -13 Pro, 1 DJI Gimble and Jewellery comprising of the following :- I. One Gold Rani Haar II. One Pair Gold Earings III. One Pair Gold Jhumkas IV. One Gold Nathiya (Nose Ring) V. One Gold Mang Teeka The Respondent has received the same in the presence of all the parties and acknowledges receipt of the same. One Pair Gold Earings III. One Pair Gold Jhumkas IV. One Gold Nathiya (Nose Ring) V. One Gold Mang Teeka The Respondent has received the same in the presence of all the parties and acknowledges receipt of the same. C. It is agreed between the parties that they will move an application jointly before the Hon’ble Supreme Court under Article 142 of Constitution of India for invoking inherent powers of the Hon’ble Supreme Court praying for divorce by mutual consent as parties are staying separately since March 2022 i.e. for the last more than two years and there is irretrievable break down of the marriage. D. It is further agreed that the Respondent shall pray that the Criminal Cases stated as Paragraph 4 (ii) and (iii) hereinabove be quashed by this Hon’ble Court. E. It is further agreed between the parties that the Respondent wife shall withdraw the Transfer Application as described at Paragraph 4 (iv) hereinabove. 7. That the Petitioner and the Respondent have agreed that none of them will initiate any other legal action or complaint against each other or against the family members of each other in respect of their matrimonial dispute in future. 8. That subject to the aforesaid terms, the parties have resolved all the disputes amicably in relation to the marriage and have been left with no claims against each other or their respective family members. 9. That by signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other including maintenance, or any movable or immovable property and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation. 10. The parties undertake to abide by the terms and conditions set out in the above mentioned Settlement Agreement, which have been arrived with free will of the parties without any coercion, duress or collusion and parties undertake not to raise any dispute whatsoever henceforth. 11. The contents of this settlement - agreement have been explained to all the parties through their respective counsels and they have understood the same.” 3. There is no dispute that the petitioner-husband has paid a sum of Rs.40,00,000/- (Rupees Forty Lakhs) to the respondent-wife in terms of Clause 6-A of the Settlement Agreement and the petitioner has handed over articles mentioned in paragraph 6-B of the Settlement Agreement to the respondent. There is no dispute that the petitioner-husband has paid a sum of Rs.40,00,000/- (Rupees Forty Lakhs) to the respondent-wife in terms of Clause 6-A of the Settlement Agreement and the petitioner has handed over articles mentioned in paragraph 6-B of the Settlement Agreement to the respondent. 4. Considering the overall settlement of the dispute, this is a fit case to exercise the powers of this Court under Article 142 of the Constitution of India. Accordingly, the marriage solemnized on 12th December, 2016 between the petitioner (Abhishek Raj) and respondent (Neha Singh) is hereby dissolved by a decree of divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. 5. The proceedings which are mentioned in subclauses (ii) and (iii) of Clause 4 of the Settlement Agreement as quoted above shall stand quashed. The proceeding in sub-clause (iv) of Clause 4 of the Settlement Agreement stands disposed of. Divorce Petition No.841 of 2022 titled as “Abhishek Raj vs. Smt. Neha Singh” pending before the Principal Judge, Family Court at Varanasi stands disposed of in terms of this order. 6. A decree shall be drawn within a maximum period of one month from today. The terms of the Settlement Agreement shall form a part of the decree. The Transfer Petition (Civil) No.424 of 2024 is accordingly disposed of on above terms. 7. We appreciate the reasonable stand taken by the petitioner and the respondent and their respective learned counsel. We also record an appreciation for the role played by the learned Mediator. 8. I.A. No.292437 is disposed of. 9. In terms of order passed in T.P. (C) No.424 of 2024, T.P.(Crl.) No.165 of 2024 and T.P.(Crl.) No.164 of 2024 are also disposed of. 10. Pending applications including application for impleadment shall stand disposed of.