ORDER : 1. The petitioner-wife has filed the transfer petition, under Section 25 of the Code of Civil Procedure, 1908, before this Court seeking transfer of a Divorce Petition, Matrimonial Case No. 3209 of 2023 titled as "Manu Sharma vs. Ankita Sharma" pending before the Additional Family Court, Ghaziabad, U.P to the Family Court, Narnaul, District Mahendergarh, Haryana. 2. During the pendency of this Transfer Petition, the parties were referred to the Supreme Court Mediation Centre vide order dated 01.10.2024. By virtue of the mediation, the parties have arrived at a settlement and they have decided to part ways on certain terms and conditions which are delineated in the settlement agreement dated 08.11.2024 which has been signed by both the parties and by the Mediator, copy of which has been filed by the Supreme Court Mediation Centre. 3. The terms and conditions as set out in Settlement Agreement dated 08.11.2024 for dissolution of marriage by mutual consent are relevant and therefore reproduced as under: "5.... A. That the parties have agreed that the Respondent-husband will pay to the Petitioner-wife a total sum of Rs. 14,50,000/- (Rupees Fourteen Lacs and Fifty Thousand Only) and 1 Gold Ring, Silver Idols- (Ganesh and Luxmi and Kanha) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever. B. 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 29.11.2022 i.e. for more than two years and there is irretrievable break down of the marriage. C. It is further agreed between the parties that if Hon'ble Supreme Court is pleased to allow application filed by both the parties under Article 142 of Constitution of India then the petitioner husband shall withdraw divorce petition and the respondent wife shall withdraw the cases filed by her. The Respondent- husband will pay to the Petitioner Wife a total sum of Rs. 14,50,000/- (Rupees Fourteen Lacs and Fifty Thousand Only) via RTGS/NEFT/Online Transfer/DD in the account Bearing No. Ankita Sharma Saving Account No.65077221337, State Bank of India, Branch Mahenderagarh Road IFSC Code -SBIN0050436.
The Respondent- husband will pay to the Petitioner Wife a total sum of Rs. 14,50,000/- (Rupees Fourteen Lacs and Fifty Thousand Only) via RTGS/NEFT/Online Transfer/DD in the account Bearing No. Ankita Sharma Saving Account No.65077221337, State Bank of India, Branch Mahenderagarh Road IFSC Code -SBIN0050436. AND/OR In case this Hon'ble Court does not grant permission under Article 142 of Constitution of India, both parties have agreed to file first motion before the Competent Court at Gurgaon, Haryana and the Respondent -husband will pay amount of Rs. 14,50,000/- (Rupees Fourteen Lacs and Fifty Thousand Only) as one time alumni amount at the time of passing of the Divorce Decree. 6. 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. 7. That it has been also agreed between the parties that any litigation pending in any Court of Law shall be withdrawn and dismiss." 4. Heard the learned counsels appearing for the parties. 5. Learned counsel for the respective parties have handed over a joint application under Article 142 of the Constitution seeking dissolution of the marriage between the parties by a decree of divorce by mutual consent, before the Bar is taken on record. 6. As per the joint application, Parties have filed two cases being Divorce Petition; Matrimonial Case No. 3334 of 2023 [CNR No. UPGZ020061302023] pending before the Ghaziabad Court and FIR bearing No. 0031 dated 14th June 2024, lodged in P.S. Women Police Station Narnaul filed against husband. 7. Having considered the matter in detail and having perused the Settlement Agreement & Joint Application which is also supported by the affidavits of Ms. Ankita Sharma (petitioner-wife) and Mr. Manu Sharma (respondent-husband), we are of the view that this is a fit case for this Court to exercise its power under Article 142 of the Constitution of India to dissolve the marriage between the parties. Consequently, the marriage between the parties which was solemnized on 01.12.2020 at Gurgaon, Haryana stand dissolved by a decree of divorce by mutual consent. 8. The terms of settlement as indicated in paragraphs 5 to 7 of the settlement agreement are made as a part of record. 9.
Consequently, the marriage between the parties which was solemnized on 01.12.2020 at Gurgaon, Haryana stand dissolved by a decree of divorce by mutual consent. 8. The terms of settlement as indicated in paragraphs 5 to 7 of the settlement agreement are made as a part of record. 9. The demand draft No.000014 dated 04.12.2024 in the sum of Rs.14,50,000/- (Rupees fourteen lakhs and fifty thousand only) was handed over in the Court by the respondent's counsel to the petitioner's counsel. The other articles as mentioned in the settlement agreement shall be returned to the petitioner-wife and the proceedings pending between the parties are hereby quashed. 10. In view of the settlement and in furtherance of this order dissolving the marriage between the parties, we deem it appropriate to direct that the Matrimonial Case No. 3334 of 2023 [CNR No. UPGZ020061302023] pending before the Additional Family Court, Ghaziabad, U.P shall be disposed of in terms of the settlement and the FIR bearing No. 0031 dated 14th June 2024, shall stand quashed. 11. It is further directed that the parties shall abide by the terms of this settlement implicitly. 12. In view of the above, Transfer Petition and Joint Application handed over in Court are disposed of. The Registry will draw a decree in the aforesaid terms. 13. Pending applications(s), if any, are disposed of.