ORDER : (Rajesh Bindal, J.) 1. The present petition has been filed by petitioner-wife seeking transfer of MAT Suit bearing No. 497 of 2024 titled as “Sri Nitish Dangayach vs. Sweta Khandelwal” filed by respondent-husband for dissolution of marriage under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955. 2. On 16.10.2024, at the request of both the parties, this Court referred the parties for mediation before the Supreme Court Mediation Centre to explore the possibility of an amicable settlement of matrimonial disputes. The disputes stand settled and the parties have voluntarily executed a Settlement Agreement on 11.12.2024. 3. In furtherance to the Settlement, both the parties have filed a joint application vide I.A. No. 302477 of 2024 under Article 142 of the Constitution of India seeking divorce by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 and prayed for appropriate directions. Both the parties attended the Court proceedings through video conferencing and they have confirmed the terms of Settlement Agreement and also admitted their signature on the same. Vide aforesaid Agreement dated 11.12.2024, both the parties have settled the disputes on following terms: 1. The Parties hereto confirm and declare that they have voluntarily and of their own free will, decided not to live together as husband and wife as their wedlock has now virtually become a deadlock and any chances of reunion have completely faded away and there is a complete destruction of the essence of marriage between parties and the same has already irretrievably broken down. 2. In the background of the circumstances and keeping in mind the deleterious effect of the continuance of a sterile marriage on their future lives, the Parties agree to obtain divorce by mutual consent as they feel this is the only just and proper way to allow them to spend their remaining period of life happily with contentment instead of being compelled to lead a miserable life without any constructive purpose. 3. In consideration of the above, the Second Party agrees to pay a lump sum amount of Rs. 3. In consideration of the above, the Second Party agrees to pay a lump sum amount of Rs. 11,00,000/- (Rupees Eleven Lakhs only) to the First Party as a full and final settlement of all her claims (past, present, and future) including stridhan, residence, permanent alimony, and maintenance by way of DD No.057477 dated 10.12.2024, Axis Bank Ashok Vihar, New Delhi bearing IFS Code No. UTIB0000208 (hereinafter referred to as the "Settlement Amount") in the name of 'SWETA KHANDELWAL'. 4. In addition to the aforesaid amount, the Parties have exchanged among themselves all the Gold/silver jewelry items as per the list shared and agreed by both the parties during online sessions before the Ld. Mediator. The parties agree that no claim in the aforesaid respect shall exist hereafter. 5. The Parties have further agreed that they shall jointly pray before the Hon'ble Supreme Court of India for disposing of the present Transfer Petition (C) No.2177 of 2024 and grant a decree of divorce by mutual consent by exercising its inherent powers under Article 142 of the Constitution of India in the interest of both parties who have been living apart for long and granting a decree of divorce straightaway shall enable the unwilling parties to put an end to their untold misery. Both parties agree to move a joint application before the Hon'ble Supreme Court of India for the abovementioned purpose. 6. The Parties also confirm and declare that out of the said amount of Rs. 11,00,000/- (Rupees Eleven Lakhs only) shall be paid by the Second Party to the First Party on the day of hearing of the matter before the Hon'ble Supreme Court by way of demand draft vide DD No.057477 dated 10.12.2024, Axis Bank Ashok Vihar, New Delhi bearing IFS Code No. UTIB0000208 in favour of the First Party, i.e., 'SWETA KHANDELWAL'. 7. 11,00,000/- (Rupees Eleven Lakhs only) shall be paid by the Second Party to the First Party on the day of hearing of the matter before the Hon'ble Supreme Court by way of demand draft vide DD No.057477 dated 10.12.2024, Axis Bank Ashok Vihar, New Delhi bearing IFS Code No. UTIB0000208 in favour of the First Party, i.e., 'SWETA KHANDELWAL'. 7. The Parties further agree that in case the Hon'ble Supreme Court of India is not inclined to invoke Article 142 of the Constitution of India for granting the decree of divorce by mutual consent AND if, however, the Parties are relegated to adopt such a remedy before a civil court, they shall move appropriate applications under Section 13B (1) and (2) of the Hindu Marriage Act, 1955 jointly before the Family Court at Balasore, Odisha for seeking such divorce by mutual consent, where they shall diligently appear on the dates fixed for hearings of the said Petitions AND they shall take following steps to give effect to this present Settlement Agreement:- a) That both the parties shall within two weeks of the order of the Hon'ble Supreme Court of India disposing of the present Transfer Petition (C) No.2177 of 2024 initiate proceedings to withdraw their respective cases i.e. Divorce Petition No.497 of 2024 filed by the respondent which is pending before the court of Ld. ADJ Serampore, Hooghly, West Bengal AND Maintenance Petition bearing CRP Case No.201 of 2023 filed by the petitioner, which is pending before the Ld. ADJ Serampore, Hooghly, West Bengal AND Maintenance Petition bearing CRP Case No.201 of 2023 filed by the petitioner, which is pending before the Ld. Family Court, Balasore, Odisha; b) The Parties thereafter within two weeks of the aforesaid withdrawal shall file a Petition for divorce by mutual consent under Section 13 (B) of the Hindu Marriage Act, 1955 before the Family Court at Balasore, Odisha wherein the expenses of filing both the mutual consent divorce petitions by way of First and Second Motion respectively shall be borne by the Parties individually and in that case, the mode of payment will be in 2 [two] installments as described hereunder:- - Second Party shall pay to First Party the first installment being an amount of Rs.3,00,000/- (Rupees Three Lakhs Only) by way of Demand Draft or through RTGS/NEFT in the name of First Party at the time of recording of statements during the First Motion of the divorce petition filed under Section 13(B)(1) of H.M. Act, 1955 by way of mutual consent at the Family Court at Balasore, Odisha. - Second Party shall pay to First Party the second and last installment being an amount of Rs.8,00,000/- (Rupees Eight Lakhs Only) by way of Demand Draft or through RTGS/NEFT in the name of the First Party at the time of recording of statements during the Second Motion of the divorce petition filed under Section 13(B)(2) of H.M. Act, 1955 by way of mutual consent at the Family Court at Balasore, Odisha. 8. It has also been agreed between the Parties that this settlement is full and final and the Parties undertake not to file any case/ complaint/ suit/ petition against each other and shall be entitled to lead their life independently and both the parties shall not interfere in the life of each other and family members of each other. It is agreed that after receiving the amount of Rs. 11,00,000/-(Rupees Eleven Lakhs) mentioned herein above, the First Party, i.e. the Petitioner/wife shall give up her claim for Permanent maintenance/Alimony and undertakes that she shall not claim any amount whatsoever from the Second Party or his family members in future. The Petitioner has permanently waived her right of maintenance from the Second Party, i.e. the Respondent/ husband or any of his family members. 9. The Petitioner has permanently waived her right of maintenance from the Second Party, i.e. the Respondent/ husband or any of his family members. 9. It is specifically agreed between the Parties that any other complaint/litigation which may have been instituted by them which may not be mentioned in the present Settlement Agreement and which may not be known to one or the other party shall also stand withdrawn upon signing of the present Settlement Agreement. 10. It is further agreed between the Parties that upon execution and acceptance of the present Settlement Agreement by the Hon'ble Supreme Court and until such time that the final decree of divorce is granted by the Court, they shall in the meanwhile not take any steps or continue with or take any coercive/adversarial actions against each other and/or their family members in the pending litigations. 11. It is further agreed between the Parties that both are fully committed to honour each and every term and condition of this Settlement Agreement and any breach of any obligation herein contained or violation of any term of this Settlement Agreement herein contained by any party hereto, shall be liable for action by this Hon'ble Court against the party at fault and the party aggrieved shall have the right to remedy the breach by approaching this Hon'ble Court for enforcing the terms of this settlement. 12. The Parties agree that they have arrived at the present Settlement Agreement with their own free will and desire and without any pressure, fraud, force, coercion, or undue influence by either of the parties and/or their family members. The parties also agree that the contents of the present Settlement Agreement have been read over to them by the Mediator in presence of their respective counsels/advocates and they have understood the contents of the same in its true letter and spirit. The Parties further agree and undertake not to raise the issues concerning the present Mediation further before any court of law. 13. The Parties also agree and undertake to be bound by the terms of the present Settlement Agreement. The Parties further agree and undertake that they shall not resile from or dispute this Settlement Agreement in the future. 14. The Parties further agree and undertake not to raise the issues concerning the present Mediation further before any court of law. 13. The Parties also agree and undertake to be bound by the terms of the present Settlement Agreement. The Parties further agree and undertake that they shall not resile from or dispute this Settlement Agreement in the future. 14. The Parties hereto state that they shall have no claim or right qua any immovable or movable properties of the other party or against the family members of the other party whether self-acquired, HUF, or ancestral under any circumstances now or in the future, in view of the present Settlement Agreement. 15. The Parties agree and undertake not to interfere in the life of each other in any manner and also undertake not to make allegations, defamatory or derogatory, against each other and their respective family members personally or on any public forum and/or through social media i.e. WhatsApp, Facebook, Twitter, Instagram etc. or in any other manner whatsoever. All allegations made hereinbefore by the Parties against each other or against the family members and friends of either party shall stand withdrawn unequivocally upon the signing of the present Settlement Agreement. 16. The present Settlement Agreement is effective and enforceable from the date of its execution and acceptance by the Hon'ble Supreme Court and shall remain effective and binding and form part of the decree for mutual consent 17. It is agreed between the Parties that they will strictly adhere to the terms and conditions of this Settlement and will do all acts necessary for the expeditious compliance of the same and shall cooperate with each other and do all acts and sign all the relevant documents required for the purposes of obtaining a divorce by mutual consent. 18. The Parties have executed this Settlement Agreement before the Mediator appointed by the Hon'ble Supreme Court Mediation Centre of their own accord and free will, without perpetration of any force, undue influence, or coercion from any quarter, and both the Parties shall be estopped in law to assail the validity of any clause/term of the present Settlement Agreement on the ground of the same being void or unlawful. The Parties have further confirmed and undertaken that they were given sufficient time and opportunity to consult their legal counsels of their choice and it is only after said consultations with the counsels of their choice and after full understanding of the effect of the terms and conditions of the present Settlement Agreement, that the Parties have executed the present Settlement Agreement.” 4. As per clause 3 of the settlement agreement, the respondent has paid a sum of Rs.11,00,000/- (Rupees Eleven Lakhs only) towards past, present and future maintenance and permanent alimony vide DD No. 057477 dated 10.12.2024 drawn on Axis Bank Ashok Vihar, New Delhi in the name of ‘Sweta Khandelwal’. It is also agreed that after the full and final settlement, neither party will file any case/ complaint/ suit/ petition against the other. 5. We have perused the joint application filed by the parties and the terms of settlement. There is no child born from the wedlock. We have interacted with the petitioner and the respondent who attended the proceedings, and have been identified by their respective Advocates. 6. During hearing, the parties have acknowledged the terms of the settlement. The petitioner states that in terms of the settlement, she has received all the dowry articles and the sum of Rs.11,00,000/- (Rupees Eleven Lakhs only). Both the parties have requested that in view of settlement, decree of divorce by mutual consent may be passed. 7. Having heard learned counsel as also the parties, we are of the view that the settlement deserves to be accepted and accordingly, we dispose of this Transfer Petition including the joint application with the following directions: (i) Accepting the terms of settlement and as consented by the parties, we grant decree of divorce by mutual consent in exercise of our power under Article 142 of the Constitution of India and declare the marriage solemnized between the petitioner and the respondent on 11.12.2021 as dissolved and they are at liberty to live their lives with free will independently and without any interruption. (ii) Divorce Petition filed by the Respondenthusband under section 13(1)(ia) & (ib) of the Hindu marriage Act, 1955 bearing MAT Suit No. 497/2024 titled “Sri Nitish Dangayach vs. Sweta Khandelwal” pending before the ADJ, Serampore, Hooghly, West Bengal is disposed of. (ii) Divorce Petition filed by the Respondenthusband under section 13(1)(ia) & (ib) of the Hindu marriage Act, 1955 bearing MAT Suit No. 497/2024 titled “Sri Nitish Dangayach vs. Sweta Khandelwal” pending before the ADJ, Serampore, Hooghly, West Bengal is disposed of. (iii) Maintenance Petition filed by Petitioner-wife for maintenance under Section 125 of Cr.P.C. bearing CRP Case No. 201 of 2023 titled “Sweta Khandelwal vs Nitish Dangayach” pending before the Family Court, District Balasore, Odisha is disposed of. 8. The settlement be treated to be a part of the decree and the parties shall abide by the same. The decree be drawn accordingly. 9. Information of this order be sent to the Courts concerned for necessary action. 10. The I.A. No. 302477 of 2024 is allowed. 11. In view of the above, the Transfer Petition is disposed of. 12. Pending application(s), if any, shall stand disposed of.