Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 429 OF 2019
DIPANKAR DEBAPRIYA HALDAR … PETITIONER(S)
VERSUS
TEESTA DIPANKAR HALDAR …RESPONDENT(S)
O R D E R
1. The petitioner is the husband of the respondent herein. The
petitioner came up with the above petition seeking transfer of the
Matrimonial Case No. 67 of 2013 pending on the file of the Additional
th
District Judge, 6 Court, Alipore, Kolkata, to a competent court at
New Delhi.
2. On 01.03.2019 this Court ordered issue of notice only for the
Signature Not Verified
Digitally signed by
ASHWANI KUMAR
Date: 2021.04.08
18:17:15 IST
Reason:
purpose of referring the matter to Mediation. Subsequently, the
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matter was referred to the Supreme Court Mediation Centre. In the
Mediation Centre, the parties have reached a Settlement Agreement.
The Agreement is extracted as follows:
“ SETTLEMENT AGREEMENT
This Settlement Agreement is being executed
between Petitioner Mr. Dipankar Debapriya Haldar
S/o Late Debapriya Haldar, R/o 141, Satnam
Apartments, 93, Cuffe Parade, Mumbai – 400005 and
Respondent, Mrs. Teesta Dipankar Haldar, W/o Shri
Dipankar Haldar, D/o Shri Subhendu Chaudhuri, R/o
Flat No. 8A, Nabakailash, 55/4, Ballygunge, Circular
Road, Kolkata – 700019.
The marriage between the Petitioner and
Respondent was solemnized as per hindu rites on
26.11.1993 at Kolkata. Both parties resided together
as husband and wife till 22.01.2012. There is one male
child namely Mr. Indrajeet Haldar from this wedlock
who is a major. That thereafter, due to the differences
between the parties, they started living separately with
their respective parents.
This Hon’ble Court vide its order dated
06.11.2019 was pleased to refer the matter to
Mediation Centre, Supreme Court of India, New Delhi.
Comprehensive mediation sessions were held
with the parties separately and jointly on 13.12.2019,
22.01.2020 and today i.e. on 23.01.2020 and with the
indulgence of counsels and Mediators, the parties have
arrived at an amicable settlement on the following
terms and conditions:
1. Both the parties hereto confirm and
declare that they have, voluntarily and of their
own freewill, have decided not to live together
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as husband and wife and have arrived at this
Settlement in the presence of the mediator, their
respective counsels and their family members.
2. That the following cases are pending
between the parties:
CASES FILED BY THE TEESTA HALDAR
(i) Divorce Petition being Matrimonial No.
1525 of 2012 subsequently renumbered as
Mat Suit No. 67 of 2013 pending before
Additional District Judge 6th, Alipore.
(ii) All police complaints filed in Navi
Mumbai/Mumbai.
CASES FILED BY THE DIPANKAR HALDAR
(i) Restitution of Conjugal Rights being
H.M.A. No. 3335 of 2012 pending before
Additional District Judge 6th, Alipore.
(ii) Title Suit No. 17 of 2017 pending before
6th Civil Judge, Senior Division, Alipore.
Any other pending cases/complaints (Civil or
Criminal) against either parties, if any.
3. That both the parties have entered into a
full and final settlement/agreement in respect to
the above mentioned cases on the following
terms & conditions:
(I) That both the parties herein agree that
they shall jointly pray to the Hon’ble Supreme
Court to exercise its power under Article 142 of
the Constitution of India and to grant Decree of
Divorce by mutual consent, quashing and
withdrawal of all Criminal and civil cases and
police complaints pending between the parties.
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(II) That in case the Hon’ble Supreme Court is
not inclined to pass the decree of divorce by
mutual consent under Article 142 of the
Constitution of India, then both the parties
agree and undertake to file for the Mutual
Divorce Petition before the Ld. Court, Calcutta,
within one month of final order of the Hon’ble
Supreme Court accepting the Settlement
Agreement and disposing of the Transfer Petition
filed by the Petitioner. Both the parties
undertake to be present before the appropriate
Court for the filing and for the recording of the
statements in the mutual consent divorce
petition.
(III) It has been agreed between both the
parties that the property i.e. Kanchan Towers
(Flat No. 1103 and 1203, Plot No. 9, Sector25,
Nerul East, Navi Mumbai) in the name of Ms.
Teesta Haldar for which a loan was obtained by
Ms. Teesta Haldar from HDFC, Vashi Branch,
Mumbai wherein Ms. Teesta Haldar was
Principal Borrower and Mr. Dipankar Haldar
was a CoBorrower. The said property Kanchan
Towers is registered under the name of Ms.
Teesta Haldar. That Mr. Dipankar Haldar has
filed a Title Suit being T.S. No. 17 of 2017
pending before 6th Civil Judge, Sr. Division,
Alipore in relation to the said property. It has
been agreed that Mr. Dipankar Haldar would
visit HDFC along with Ms. Teesta Dipankar for
release of the property papers of Kanchan
Towers and duly hand over to Ms. Teesta
Haldar.
(IV) It is agreed that Mr. Dipankar Haldar
would withdraw the Title Suit being T.S. No. 17
of 2017 pending before 6th Civil Judge, Sr.
Division, Alipore after the First Motion within
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one month after the order of this Hon’ble Court
and after the filing of the First Motion within one
month.
(V) The property i.e. Neel Splendor situated at
New Panvel, Mumbai is under joint ownership of
both Mr. Dipankar Haldar and Ms. Teesta
Haldar. It is agreed between the parties that Ms.
Teesta Haldar will relinquish her share in the
property i.e. Neel Splendor in favour of Mr.
Dipankar Haldar and expenses like stamp duty,
registration and any other expense that would
be required for transferring and/or deleting the
name of Ms. Teesta Haldar from the said
property i.e. Neel Splendor would be borne by
Mr. Dipankar Haldar. It is further agreed that
Ms. Teesta Haldar shall fully cooperate and do
all necessary formalities for getting the property
transferred to Mr. Dipankar Haldar within six
months from today.
(VI) It is agreed between the parties that with
regard two lockers i.e. one at Axis Bank, Cuffe
Parade Branch, Mumbai and the other with
Dena Bank, Vashi Branch, Ms. Teesta Haldar’s
name be taken off from the said Axis Bank and
Dena Bank Lockers. For the said purpose Mr.
Dipankar Haldar will accompany Ms. Teesta
Haldar for carrying out the formalities in relation
to surrendering both Axis Bank and Dena Bank
Lockers within six months from today.
(VII) Both parties have agreed that they would
close all joint bank accounts and for the said
purposes both the parties shall provide each
other with all possible and required assistance.
The Respondentwife shall not claim Stridhan,
maintenance past, present, future and
permanent Alimony. It is agreed that the parties
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shall not make any other claims whether
criminal or civil in nature against each other.
(VIII) That the Respondentwife will visit to
Bombay to take the following furniture from the
house of Mr. Dipankar Haldar and Mr. Dipankar
Haldar agrees to return the following furniture
and valuables belonging to Ms. Teesta Haldar
within six months from today:
(i) Godrej Storewell
(ii) King size dresser
(iii) Bar Counter
(iv) Burma Teak Almirah
(v) Indrajeet’s Almirah and stuff including
National Geographic Collection
(vi) Two Chairs (Teesta Haldar’s father)
(vii) Shoe almirah
(viii) Wooden Dresser
(ix) Books and papers
(x) Trunk and Silver Utensils (if the same are
there, then the same should be returned)
4. That both the parties herein agree that all
the pending cases whether specifically
mentioned or not between the parties herein
shall be withdrawn. The parties undertake not to
initiate any other litigation against each other in
future also.
5. The parties declare that this full and final
settlement cum understanding has been entered
into by their free will and both the parties will
abide by the terms and conditions of the same.
6. The parties agree to act in good faith in
relation to the performance of each party’s
obligations under this agreement and not to
make any false statements against each other.
7. By signing this Agreement, the parties
hereto solemnly state and affirm that they have
no further claims or demands against each other
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and all the disputes and differences have been
amicably settled by the parties hereto, through
the process of Mediation.
8. That the parties are accordingly signing
this settlement agreement in presence of all
named above, to authenticate their will to
comply the same as agreed above.
9. Both the parties further agree that while
carrying out the above said stipulations no party
should take advantage of its own wrong.
10. Both parties agree to cooperate with each
other and do all acts required to give effect to the
terms of this settlement agreement.”
3. In the light of the settlement reached between the parties, the
Transfer Petition is disposed of to the following effect:
(i) The parties shall file a petition for divorce by mutual
consent before the appropriate court at Kolkata. The court in
which such a petition is filed, shall dispose of the same in
accordance with law, keeping in mind the agreement between
the parties and ensuring that any inconvenience caused to the
parties is kept to the minimum;
(ii) the petitioner shall visit HDFC, along with the respondent
and sign necessary documents for the release of the title deeds
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and other papers concerning the property at Kanchan Towers,
Navi Mumbai;
(iii) the Title Suit being T.S. No.17 of 2017, pending before the
th
6 Civil Judge, Senior Division, Alipore, filed by the petitioner
herein shall stand dismissed as withdrawn;
(iv) the respondent shall relinquish her share in the property
i.e., Neel Splendor, situated at New Panvel, Mumbai, and the
expenses for execution of all necessary documents shall be
borne by the petitioner, so that the said property is transferred
to the petitioner fully and absolutely;
(v) the respondent’s name shall be removed from joint
ownership of the lockers at Axis Bank, Cuffe Parade Branch,
Mumbai and Dena Bank, Vashi Branch, Mumbai, so that the
petitioner becomes the sole and absolute owner;
(vi) all joint bank accounts shall be closed with the mutual
assistance of the parties;
(vii) all disputes between the parties shall stand resolved in
terms of the Settlement Agreement and the parties shall have
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no further or other claim against each other, except the
obligations stated in the Settlement Agreement;
(viii) the petitioner shall permit the respondent to take the
furniture listed in the Settlement Agreement.
…………………………CJI.
(S.A. Bobde)
……………………………J.
(A.S. Bopanna)
…………………………….J.
(V. Ramasubramanian)
New Delhi
April 08, 2021