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2025 DIGILAW 64 (SC)

Nidhi Yadav v. Vijay Kumar Yadav

2025-01-03

MANMOHAN, SANJAY KAROL

body2025
ORDER : 1. We are happy to record that the parties with the help of learned Mediator have amicably resolved the dispute. We appreciate the efforts put in by Ms. Sadhana Sandhu, learned Mediator a practicing Advocate of this Court. 2. The terms of the settlement are extracted as under:- "1. That the arrange marriage between the petitioner and respondent was solemnized as per Hindu rites and customs on 27.02.2017 at Hoshangabad (Naramadapuram) and there is no issue out of this wedlock. The cohabitation lasted only for few days and the matrimonial dispute arose between the parties and the parties resided separately since 08.12.2017. 2. The T.P.(C) No. 3125/2023 was filed before this Hon'ble Court by the Petitioner Nidhi Yadav. This Hon'ble Court vide order dated 29.07.2024, referred the matter to Supreme Court Mediation Centre and Ms. Sadhana Sandhu, Advocate has been appointed as mediator in this matter. 3. Comprehensive mediation sessions were held with the parties and their respective counsel on 27.08.2024, 01.10.2024, 21.10.2024, 08.11.2024, 11.11.2024, 14.11.2024, 07.12.2024 and today i.e. on 13.12.2024. 4. That with the indulgence of mediator and the counsel and the family members of the parties, the parties have decided at their own free will that they cannot live together as husband and wife and therefore, they shall live separately for ever and put an end to their matrimonial ties. Accordingly, this Settlement Agreement is being executed in the presence of the mediator and the counsel for the parties. 5. It is accepted by the parties, that as on today following court cases are pending between the Petitioner and Respondent and their family members:- I. MJC R/0000260/2023 titled as Mrs Nidhi Yadav Vs Vijay Kumar Yadav Sec 12 Protection of Women from domestic violence Act, 2005 pending before the Court of L.d. Judicial Magistrate First Class, (Naramadapuram) M.P. II. RCT/0000295/2024 Titled as Mrs. Nidhi Yadav Vs Vijay Kumar Yadav Sec, 498-A IPC 1860 before the Court of Ld. Judicial Magistrate First Class, (Naramadapuram). III. Divorce Case No. 812/2023 titled as Vijay Kumar Yadav Vs Nidhi Kumar Yadav pending before the Court of Principal Judge Family Court, Kanpur U.P. IV. Transfer Petition (C) No. 3125 of 2023 titled as Nidhi Yadav Vs Vijay Kumar Yadav, pending before this Hon'ble Court. V. Any other pending-cases/complaints (Civil Criminal) against either parties and their family members or friends in relation to the present wedlock, if any. 6. Transfer Petition (C) No. 3125 of 2023 titled as Nidhi Yadav Vs Vijay Kumar Yadav, pending before this Hon'ble Court. V. Any other pending-cases/complaints (Civil Criminal) against either parties and their family members or friends in relation to the present wedlock, if any. 6. That it is agreed between both the parties that the parties cannot live. together and the marriage between both the parties be dissolved so that both the parties can live separately at their own wish and with dignity. The parties have further agreed to adopt the theory of forgive and forget and proceed further in their lives. They accepted that they will cooperate with each other for the performance of the terms of the present settlement. agreement and parties undertake that they shall withdraw the cases filed by each of them. And/or will make appropriate prayers for quashing of the Civil and Criminal Cases filed by the parties against each other as mentioned above and put an end to the present and future litigation, with regard to the present matrimonial alliance. 7. It is agreed between both the parties that they will not initiate any further civil or criminal case against each other and/or their family members with regard to the present matrimonial alliance. It is also agreed between the parties that the Civil and/or Criminal Cases, if any, case filed related to this matrimonial bond and pending between the family members, relatives and/or friends and/or neighbours of the petitioner and/or respondent shall be withdrawn. 8. It is agreed between the parties that they will not use/misuse the photographs of each other in any manner and /or make any derogatory or defamatory comments or statement against each other by any mode/medium or any other platform in the society. 9. That it is also agreed between both the parties that the Respondent-husband Mr. Vijay Kumar Yadav will pay a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) to Ms. Nidhi Yadav, Petitioner towards her all past, present and future claims including stridhan, alimony, maintenance etc arising out of the present matrimonial alliance and that should be full and final and is acceptable to Ms Nidhi Yadav as satisfactory. The payment shall be made in the following manner:- Sr. 5,00,000/- (Rupees Five Lakhs Only) to Ms. Nidhi Yadav, Petitioner towards her all past, present and future claims including stridhan, alimony, maintenance etc arising out of the present matrimonial alliance and that should be full and final and is acceptable to Ms Nidhi Yadav as satisfactory. The payment shall be made in the following manner:- Sr. No. Payment Mode of Payment Date of payment 1 Rs.1,00,000/- A/c Holder-Nidhi Yadav A/c No. 30743028756 IFSC Code SBIN0007141 BRANCH-SPM HOSHANGABAD 15.12.2024 2 Rs.1,00,000/- A/c Holder-Nidhi Yadav A/c No. 30743028756 IFSC Code SBIN0007141 BRANCH-SPM HOSHANGABAD 15.01.2025 3 Rs.1,00,000/- A/c Holder-Nidhi Yadav A/c No. 30743028756 IFSC Code SBIN0007141 BRANCH-SPM HOSHANGABAD 15.02.2025 4 Rs.1,00,000/- A/c Holder-Nidhi Yadav A/c No. 30743028756 IFSC Code SBIN0007141 BRANCH-SPM HOSHANGABAD 15.03.2025 5 Rs.1,00,000/- A/c Holder-Nidhi Yadav A/c No. 30743028756 IFSC Code SBIN0007141 BRANCH-SPM HOSHANGABAD 15.04.2025 10. It has also accepted that she will have no claim whatsoever in future with regard to the movable and/or immovable properties belonging to Respondent Mr. Vijay Kumar and/or his family members or relatives. Similarly Mr. Vijay Kumar Yadav has also accepted that he shall have no claim whatsoever in future with regard to movable and/or immovable property of the petitioner Ms. Nidhi Yadav and/or her family members, in relation to this matrimonial alliance. 11. That both the parties herein agree that they shall jointly file an application before the Hon'ble Supreme Court of India seeking to exercise its power under Article 142 of the-Constitution of India on the basis of the Settlement Agreement and shall jointly pray for a decree of divorce by mutual consent, quashing and withdrawal of all Criminal and Civil Cases pending between the parties and their relatives. 12. It is agreed between the parties that this Settlement Agreement will be used to quash all the Criminal Proceedings pending between both the parties and both the parties will cooperate for that. In case of failure by any of the parties this Settlement Agreement will be treated as their consent and the said proceedings will be quashed on the basis of this Settlement Agreement. 13. It is also agreed between the parties that they will make an appropriate prayer before this Hon'ble Court to pass an order in favour of the parties. 14. 13. It is also agreed between the parties that they will make an appropriate prayer before this Hon'ble Court to pass an order in favour of the parties. 14. It is further agreed between the parties that the terms and conditions mentioned in this Settlement Agreement will be binding on both the parties and this Settlernent Agreement will be produced before the Court for appropriate order(s). 15. By executing this Settlement Agreement the parties hereto solemnly state and affirm that they have resolved their disputes for ever in the interest of the parties and it is agreed that there will be no further claims or demands against each other and/or their respective family members. That all the disputes and differences have been amicably settled by the parties hereto through the process of Mediation. 16. The parties hereby declare that they will abide by the terms and conditions set out herein above, in this Settlement Agreement and cooperate each other to dissolve their marriage. 17. This Settlement Agreement has been executed by them with healthy mind and body and without any coercion, duress or collusion and this is binding on both the parties accordingly they have resolved their disputes forever." 3. The parties through the learned counsel undertake to abide by the same. They have been made aware of the consequences of breach thereof. In view of the settlement, the marriage between the parties solemnised on 27th February, 2017 as per Hindu rites and customs stands dissolved by way of mutual consent and also all cases, inter-se the parties arising out of the matrimonial dispute as enumerated in paragraph 5 of the settlement agreement would stand quashed/disposed of and the copy of the order be placed on the respective files in the said cases. 4. The petition is disposed of in terms of the settlement as above. Pending application(s), if any, shall also stand disposed of. 5. The Registry to prepare the decree. 6. Needless to add, it shall be open for the parties to approach the Court should the need so arise.