Research › Browse › Judgment

Supreme Court of India · body

2025 DIGILAW 75 (SC)

Kumari Bharti v. Saurabh Kumar Jha

2025-01-03

MANOJ MISRA, PAMIDIGHANTAM SRI NARASIMHA

body2025
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 Petition filed under Section 13 of the Hindu Marriage Act for dissolution of marriage by decree of divorce instituted by the respondent-husband being Matrimonial Case No. 220 of 2023 titled as "Shri Saurabh Kumar Jha vs. Smt. Kumari Bharti" pending before the Family Court at Port Blair, District-South Andaman, Andaman and Nicobar Islands to the Court of Principal Judge, Family Court, District-Dumka, Jharkhand. 2. During the pendency of this transfer petition, the parties were referred to the Supreme Court Mediation Centre vide order dated 10.09.2024. 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 18.12.2024 which has been signed by both the parties, their counsel and the Mediator, copy of which has been filed by the Supreme Court Mediation Centre. 3. Learned counsel have also filed a joint application seeking dissolution of the marriage between the parties by passing a decree of divorce by mutual consent in terms of the Settlement Agreement dated 18.12.2024 in exercise of powers under Article 142 of the Constitution of India as well as disposing of the divorce petition filed under Section 13(1) (i-a) of the Hindu Marriage Act. 4. Further, as per the joint application, the terms and conditions as set out in Settlement Agreement dated 18.12.2024 are as under: "1. That the First Party and Second Party have agreed to settle all their disputes and voluntarily on their own will decided not to live together as wife and husband. The parties have arrived at this Settlement in the presence of the Ld. Mediator and their respective Counsels out of their own free will without any coercion or undue influence of any nature whatsoever. 2. That the Parties shall undertake in the Court to abide by all the terms and conditions as incorporated in the present settlement agreement. 3. That the second party has agreed to hand over the articles described in Schedule I annexed to this settlement to the First Party. The articles of Schedule I have been handed over to the First Party on 06.12.2024 by the Second Party. The First Party confirm and acknowledges receipt of those articles. 4. 3. That the second party has agreed to hand over the articles described in Schedule I annexed to this settlement to the First Party. The articles of Schedule I have been handed over to the First Party on 06.12.2024 by the Second Party. The First Party confirm and acknowledges receipt of those articles. 4. That the Parties have agreed that the Second Party shall pay a lump sum amount of Rs. 12,00,000/- (Rupees Twelve Lakhs Only) to the First Party towards a full and final settlement of all her past, present and future claims as well as permanent alimony, stridhan, gifts and all other claims, if any. It is agreed that pursuant to the payment of the aforesaid amount, all the claims of the First Party qua the Second Party, shall stand extinguished in law. The respective parties, in future, shall not file any case, action, claim under any enactment against each other relating to present matrimonial disputes. 5. That the Parties have agreed that pursuant to execution of the present Agreement, the Parties shall file a joint application seeking dissolution of their marriage before Hon'ble Supreme Court in exercise of its powers under Article 142 of the Constitution of India. 6. The Second Party shall pay the sum of Rs. 12,00,000/- (Rupees Twelve Lakhs Only) to the First Party as a full and final settlement in accordance with the payment schedule as mentioned here under, which has been duly approved and agreed upon by both Parties: - S.No. Amount Duration 1. Rs. 6,00,000/- At the time of signing of the present MOU/Settlement. 2. Rs. 6,00,000/- At the time of the passing of the decree for dissolution of marriage between the First Party and the Second Party under Article 142 of the Constitution of India. The first part of payment i.e. Rs.6,00,000/-to this settlement shall be paid by the Second Party to the First Party through Cheque at the time of signing of the present settlement and Dissolution Petition (SLP). The said cheque shall be accepted by First Party subject to its encashment. The Second Party shall pay the balance i.e. second part of Rs.6,00,000/- to the First Party on the date of hearing of SLP/ passing of dissolution decree. The payment shall be made through etransfer of money or through Demand Draft. 7. The said cheque shall be accepted by First Party subject to its encashment. The Second Party shall pay the balance i.e. second part of Rs.6,00,000/- to the First Party on the date of hearing of SLP/ passing of dissolution decree. The payment shall be made through etransfer of money or through Demand Draft. 7. That the Parties have also agreed that they shall not claim any right, title or interest against each other in any immovable or movable assets and properties belonging to the respective Parties or their family member/relatives. 8. That all the Parties to this settlement agreement further agree that they shall not initiate any proceedings civil or criminal, arising from the matrimony or any other issue related thereto against each other or their family members/relatives within the appropriate jurisdiction and undertake to withdraw all pending cases between the Parties, in case if any. 9. That pursuant to engrossing their signatures on the present agreement, the Parties shall not interfere in the life of each other in any manner. 10. That the Parties pursuant to the present settlement shall not be answerable to each other and shall lead their independent lives without any restriction or interference from each other. The Parties shall have no right to restrict the liberty of each other and both First Party and Second Party, shall be independent to live their own personal life without any restriction from the other and none of the Parties will object to the lifestyle of the other. 11. That the Parties have also agreed that they shall not directly or indirectly through their relatives discuss any matter or impart any information whatsoever regarding the present arrangement made between the Parties and shall refrain from levelling allegations or passing defamatory remarks against each other either in public or in any media print or television or to any other person or the public or society at large. 12. That the contents of this agreement have been read over to all the Parties and they have been explained the terms of this agreement settlement and they have understood the same to be true and shall be governed by the same. 13. That the Parties have executed this agreement/ settlement without perpetration of any force, undue influence, or coercion from any quarter. 14. 13. That the Parties have executed this agreement/ settlement without perpetration of any force, undue influence, or coercion from any quarter. 14. That the Parties to the present agreement undertake that they shall duly perform and abide by all the terms and conditions as contained in the present agreement and in case of breach of any of the terms and conditions as envisaged hereinabove, the Parties are liable to initiate appropriate proceedings in accordance with the law. 15. The present settlement agreement is effective and enforceable from the date of its execution and shall remain effective and binding till all terms and conditions stipulated in the present settlement agreement have been fulfilled in the letter and spirit. 16. That the Parties are accordingly signing the present settlement agreement on the day. month and year mentioned herein above." SCHEDULE I TABLE OF ITEMS WHICH HAVE BEEN RETURNED TO KUMARI BHARTI ON 06.12.2024 S.No. PARTICULARS ITEMS LOCATED AT 1. Refrigerator Deoghar, Jharkhand 2. Washing Machine Deoghar, Jharkhand 3. Almirah Deoghar, Jharkhand 4. Diwan Deoghar, Jharkhand 5. Bridal Lehenga Deoghar, Jharkhand 6. Books Deoghar, Jharkhand 5. We have taken the Joint Application and Settlement Agreement dated 18.12.2024 on record. 6. Having considered the matter in detail and having perused the Settlement Agreement & Joint Application which is also supported by the affidavits of Ms. Kumari Bharti (petitioner-wife) and Mr. Saurabh Kumar Jha (respondent– husband), we are of the view that this is a fit case for exercising 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 09.06.2022 at Dumka, Jharkhand stand dissolved by a decree of divorce by mutual consent. 7. Further, in terms of the settlement agreement, Matrimonial Case No. 220 of 2023 pending before the Family Court at Port Blair, District-South Andaman, Andaman and Nicobar Islands stands disposed of. 8. It is further directed that the parties shall abide by the terms of this settlement implicitly. 9. In view of the above, Transfer Petition and Joint Application are disposed of. The Registry will draw a decree in the aforesaid terms. 10. Pending applications(s), if any, are disposed of.