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2025 DIGILAW 181 (SC)

Smriti Singh v. Kumar Kislay

2025-01-08

SANDEEP MEHTA, SANJAY KAROL, VIKRAM NATH

body2025
ORDER : 1. The Transfer Petition (Civil) No.2209 of 2023 is filed by Smriti Singh-the wife, for transfer of H.M.A. No.889 of 2023 titled as “Kumar Kislay vs Smriti Singh” from the Family Court, Gautam Budh Nagar, Surajpur, Greater Noida, Uttar Pradesh to Family Court at Patna. On the other hand, Kumar Kislay–the husband has filed the Transfer Petitions (Criminal) Nos. 1014-1015 of 2023 seeking transfer of Domestic Violence Application No.129/2023 and Maintenance Case No.113/2023, both titled “Smriti Singh vs Kumar Kislay”, from Family Court at Patna to Family Court of Gautam Budh Nagar, Surajpur, Greater Noida, Uttar Pradesh. 2. Additionally, an application being I.A.No.3432 of 2025 has been filed by the husband in Transfer Petition Nos.1014-1015 of 2023 praying for dissolution of marriage and grant of decree of divorce by mutual consent by exercising this Court’s extraordinary power under Article 142 of the Constitution of India. 3. The brief facts leading to the petitions are as follows: (a) Petitioner-husband and Respondent-wife got married on 11.12.2019 at Patna as per the Hindu rites and rituals. A girl child was born out of the wedlock on 13.12.2021. Parties are residing separately since 04.04.2022. (b) After failed attempts of mediation, the wife filed maintenance case before the Family Court at Patna on 24.04.2023. The husband filed suit for divorce under section 13(1)(ia) of Hindu Marriage Act, 1955 on 31.05.2023. Further, the wife filed petition under section 12 of Domestic Violence Act, 2005 before the Judicial Magistrate at Patna. (c) Now, both the parties have filed the captioned transfer petitions and the husband has filed an IA for dissolution of marriage under Article 142 of the Constitution of India. 4. Heard Mr. Vikas Singh, learned senior counsel for the Respondent-wife while the Petitioner-husband appeared in person. The Petitioner is a practicing Advocate in New Delhi working in a law firm. 5. The husband filed a note titled “Suggestions for the Hon’ble court to consider” in which he mentioned about his financial condition, permanent alimony and childcare and visitation rights. We have considered the same. The husband has agreed to pay a total amount of Rs.2,50,00,000/- (Rupees Two crore fifty lakh only) out of which Rs. 1,00,00,000/- (Rupees one crore only) would be towards permanent alimony for the wife, another Rs. We have considered the same. The husband has agreed to pay a total amount of Rs.2,50,00,000/- (Rupees Two crore fifty lakh only) out of which Rs. 1,00,00,000/- (Rupees one crore only) would be towards permanent alimony for the wife, another Rs. 1,00,00,000/- (Rupees one crore only) to be paid in a separate account for education and childcare of the daughter and the balance 50 lakhs husband offered to pay over the period of 5 years or in alternative by way of Systematic Investment Plan (SIP) by depositing Rs.15000/- (Rupees fifteen thousand only) every month till the daughter attains age of 18 years which would work out to Rs. 1,45,14,640/- (Rupees one crore forty five lakh fourteen thousand six hundred forty only) after 15 years according to the husband. Lastly, with respect to visitation rights, he made the following requests: (a) Video call for 30 minutes on Zoom/WhatsApp/Facetime application with the child twice a week; (b) Physical meeting with the child in daytime till the child is 10 years old. The duration and frequence of meetings shall be mutually decided with the interest and comfort of the child being paramount; (c) Mr.Kumar Kislay and his family shall have right to physically meet the child at Patna or any other location in India on alternate Saturdays; (d) After the child becomes 10 years of age, visitation will include overnight custody of the child with Mr.Kumar Kislay, comfort of the child being paramount; (e) Once the child starts attending school, Kumar be entitled to interim custody of child for 15 days during summer vacations and 4 days during the winter vacations. However, same can be rescheduled with prior intimation/notice to the other party one month in advance. (f) Mr.Kumar Kislay be entitled to have interim custody of child for 6 hours a week prior or after on the following occasions:- i. Diwali. ii. Holi. iii. Raksha Bandhan. iv. Birthdays of child. v. Any other occasion, with mutual consent and comfort of the child. 6. The husband thus submitted that these suggestions may be accepted and decree of divorce be granted as suggested by him and that he would fulfil all the conditions as may be directed by the court. 7. On the other hand, Mr. Vikas Singh, learned senior counsel appearing for the wife submitted that he has no objection to the deposit of Rupees Two crores but has objected to the timeline. 7. On the other hand, Mr. Vikas Singh, learned senior counsel appearing for the wife submitted that he has no objection to the deposit of Rupees Two crores but has objected to the timeline. According to him, there is no issue with the first instalment of Rs. One crore as permanent alimony for wife however Rs. One crore for the daughter should be deposited within one year and not within two years. With respect to the additional 50 lakhs it was submitted that some reasonable time may be allowed by the Court but asking for 5 years’ time is not acceptable and even the proposal for SIP would again run the risk of being violated or being defaults. In so far as the visitation rights are concerned, the stand of the wife is that there are no major issues and as the suggestion itself gives paramount importance to the comfort of the daughter, she has no objections to the same. It is however submitted that overnight custody and interim custody of 15 days during vacations would be acceptable subject to comfort of the child and both parties would plan out the schedule for the same. It is also stated that the wife would be happy if the daughter gets the company, love, affection, supervision and guidance from the father and grandparents the same would be in the best interest of the daughter. 8. Considering the facts and circumstances of the case as also the submission advanced, we direct as follows: (i) I.A. filed by Petitioner-husband for dissolution of marriage is allowed and decree of divorce by mutual consent is granted with following conditions: a) Permanent alimony of Rs.1,00,00,000 (Rupees one crore only) to be paid to the Respondent wife within one month; b) Divorce decree shall become effective only after Petitioner pays the above amount of Rs. 1,00,00,000/- (Rupees one crore only). Accordingly, Registry will draw the decree. c) Further, petitioner-husband shall pay Rs. 1,00,00,000 (Rupees one crore only) towards future expenses of the daughter within one year from the date of this order in a bank account in the name of the daughter with the wife as guardian. d) Petitioner-husband shall further pay the remaining amount of Rs.50,00,000/- (Rupees fifty lakh only) towards the future expenses of the daughter within two years from the date of this order. d) Petitioner-husband shall further pay the remaining amount of Rs.50,00,000/- (Rupees fifty lakh only) towards the future expenses of the daughter within two years from the date of this order. (ii) All civil/criminal matters pending between the parties stand closed after the husband pays the permanent alimony of Rs. 1,00,00,000/- (Rupees one crore only) crore to the wife. (iii) Visitation right will be as recorded above in paragraph no.5 and all the above conditions of visitation shall be subject to comfort and will of the child. The visits shall be scheduled in consultation with the wife, with child’s interest being a paramount consideration. (iv) Both parties shall abide by the terms and conditions as recorded above. Default on the part of any of the party will give a right to the other party to approach this Court. 9. Registry is directed to forward a copy of this order to the forums/courts concerned after the permanent alimony amount of Rs. 1,00,00,000/- (Rupees one crore only) is paid. 10. These Transfer Petitions and the pending application(s), if any, shall stand disposed of in the above terms.