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2025 DIGILAW 60 (SC)

Aparna Rajeshkumar Sonkar v. Gulab Anmol Sonkar

2025-01-03

AHSANUDDIN AMANULLAH, SUDHANSHU DHULIA

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ORDER : 1. This petition has been filed seeking transfer of F.Suit No. 65 of 2023 titled as “Gulab Anmol Sonkar Vs. Aparna Rajeshkumar Sonkar” from the Family Court at Mahesana, Gujarat to the Family Court at Prayagraj, Uttar Pradesh. 2. The marriage between the petitioner and the respondent was solemnized on 05.02.2022, but their marriage survived only for three months and they have been living separately since 18.05.2022. Subsequently, on account of the marital dispute between the parties, the respondent filed a petition for Dissolution of Marriage, being F. Suit No. 65 of 2023, before the Family Court at Mahesana, Gujarat, which is sought to be transferred by present transfer petition to the Family Court at Prayagraj, Uttar Pradesh. 3. During the course of hearing, efforts were made to bring a mutual settlement between the parties and vide order dated 03.11.2023, the matter was referred to the Supreme Court Mediation Centre for an amicable settlement of the disputes. By virtue of the mediation and the efforts of both the parties, the settlement has been arrived at between the parties. 4. The parties were sent to Registrar (Judicial) for recording of statements in view of the settlement and Registrar was asked to prepare a report after going through the terms of the settlement of agreement. Consequently, the Registrar has filed a Report stating that he had interacted with the parties and there is no chance of them living together. Therefore, now parties pray that they may be granted a decree of divorce by mutual consent under Article 142 of the Constitution of India. 5. The terms of the Settlement Agreement dated 08.04.2024 are reproduced as under : “SETTLEMENT AGREEMENT This Settlement Agreement is entered into between PetitionerMs Aparna Rajeshkumar Sonkar W/o Gulab Anmol Sonkar, R/o. 208A/1, Nevada Colony, Near T.V. Tower, Dumand Road, Allahabad – Uttar Pradesh212301 (here in after referred to as Petitioner-Wife) and Mr. Gulab Anmol Sonkar R/oB/258, ONGC Nagar, Palavasna Mehsana, Gujarat 384003 (here in after referred to as Respondent-Husband). 1. Whereas the marriage between the petitioner and respondent wife was solemnized as per Hindu rites and ceremonies on 05.02.2022 at Prayagraj –U.P. 2. Gulab Anmol Sonkar R/oB/258, ONGC Nagar, Palavasna Mehsana, Gujarat 384003 (here in after referred to as Respondent-Husband). 1. Whereas the marriage between the petitioner and respondent wife was solemnized as per Hindu rites and ceremonies on 05.02.2022 at Prayagraj –U.P. 2. Both the parties resided together as husband and wife for sometimes and thereafter disputes and differences arose between the parties and thereafter, a petition seeking dissolution of marriage was filed on behalf of the respondent after which the present Transfer Petition was filed before this Hon’ble Court in which the present settlement agreement has been agreed upon between the parties. 3. Whereas the Parties have filed following cases against each other: (i) Respondent filed F. Suit No. 65 of 2023 Under Section 13 (1) (1A) of Hindu Marriage Act, titled as Gulab Anmol Sonkar Vs Aparna Rajesh Kumar Sonkar pending before Principal Judge Family Court at Mahesana, Gujarat. 4. Whereas Hon’ble Supreme Court vide Order dated 03.11.2023 in Transfer Petition (Civil) No. 2458 of 2023 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 29.11.2023, 04.12.2023, 02.01.2024, 05.02.2024, 15.03.2024 (physical and virtual both) and today i.e. 08.04.2024 (physically for signing of the present Settlement Agreement). 5. 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 Respondent-husband will pay to the Petitioner-wife a total sum of Rs.10,00,000/(Rupees Ten Lacs Only) today, thereafter Rs. 5,00,000/(Five Lacs Only) after three months (In July, 2024), thereafter Rs. 5,00,000/(Five Lacs Only) after three months(In October, 2024) towards full and final settlement (Rs. 20,00,000/Twenty Lacs Only) 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. 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. 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 as mentioned in Para No. 3(i) and also withdraws all the allegations levelled against the Petitioner in the said Divorce Petition. 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 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. 8. 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. 9. 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. 10. The contents of this settlement agreement have been explained to all the parties through their respective counsels and they have understood the same.” 6. This settlement is now a part of this order. It is informed to this Court that the respondent – husband has paid the entire amount of Rs.20,00,000/(Rupees Twenty Lakhs) to the petitioner – wife by this time, as stated in Para 5A of the Settlement Agreement. 7. The relationship between the petitioner and the respondent is broken down irretrievably and there is no chance of the two living together. There is no child of the couple from the wedlock. 7. The relationship between the petitioner and the respondent is broken down irretrievably and there is no chance of the two living together. There is no child of the couple from the wedlock. Under these circumstances and in terms of the Settlement Agreement dated 08.04.2024, duly signed by the parties, we grant the Decree of Divorce by mutual consent in exercise of our powers under Article 142 of the Constitution of India. Consequently, the marriage between the petitioner – Aparna Rajeshkumar Sonkar and the respondent – Gulab Anmol Sonkar stands dissolved by Decree of Divorce by mutual consent. The net outcome of the above is that the parties are at liberty to live their life separately as per their own free will. 8. The Registry shall prepare a Decree of Divorce in terms of this order and the Settlement Agreement shall form part of the order. 9. Since the Decree of Divorce is granted by mutual consent of both the parties in exercise of our jurisdiction under Article 142 of the Constitution of India, the petition for Dissolution of Marriage filed by the respondent – husband, being F. Suit No. 65 of 2023 on the file of the Family Court at Mahesana, Gujarat has become infructuous and is, accordingly, disposed of. 10. The parties shall abide by the terms of the settlement, which they have agreed to before the Supreme Court Mediation Centre and before us during the course of hearing. 11. In view of above, the Transfer Petition is disposed of. 12. Pending interlocutory application(s), if any, is/are disposed of.