Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.618 OF 2021
POOJA BHUNESHWAR PRASAD SHARMA Petitioner
VERSUS
ASHISH VINAYBHAI MISHRA Respondent
WITH
TRANSFER PETITION (CIVIL) NO. 1268 OF 2021
ORDER
Transfer Petition No. 618 of 2021 has been filed by the
petitioner who is the wife of the respondent seeking transfer of
Matrimonial Petition being H.M.P. No. 11 of 2021 titled as “Ashish
Vinaybhai Mishra Vs. Pooja Bhuneshwar Prasad Sharma” pending on the
file of the learned Principal Judge, Family Court, Bharuch,
District Bharuch, Gujarat to the Court of competent jurisdiction in
District Dhamtari, Chhattisgarh.
Transfer Petition No. 1268 of 2021 has been filed by the
husband seeking transfer of MJC No. 54 of 2021, titled as “ Pooja
Sharma Versus Ashish Vinay Mishra” pending on the file of the
learned Principal Judge, Family Court, Dhamtari, District-Dhamtari,
Chhattisgarh to the Court of Principal Judge, Family Court,
Bharuch, District-Bharuch, Gujarat.
Since, these transfer petitions have been filed by the parties
Signature Not Verified
Digitally signed by Dr.
Mukesh Nasa
Date: 2022.05.12
19:28:59 IST
Reason:
inter se, they have been connected together and have been heard and
disposed of by this common order.
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Learned counsel for the respective parties submitted that
during the pendency of these petitions, the matter was referred to
the Supreme Court Mediation Centre and parties have arrived at a
mediated settlement which is submitted by the Supreme Court
Mediation Centre. They further submitted that as per the terms of
settlement dated 13.12.2021, the parties have decided to seek
dissolution of their marriage by a decree of divorce by mutual
consent under Section 13-B of the Hindu Marriage Act,
1955(hereinafter referred to as ‘the Act’ for the sake of brevity).
They further submitted that the parties are present before this
Court and hence, these transfer petitions may be disposed of in
terms of the settlement arrived at between them by excercising
jurisdiction under Article 142 of the Constitution of India.
The parties are present before this Court. They have been
identified by their respective advocates. When querried by this
Court, they submitted that they have indeed arrived at an amicable
settlement. They have decided to dissolve their marriage by a
decree of divorce by mutual consent on certain terms and
conditions.
The petitioner-wife stated that one of the terms of the
settlement is payment of a sum of Rs. 28 lakhs (Rupees Twenty eight
lakhs) by the respondent-husband to her, which she has received in
two installments . She has no objection for this Court to dissolve
the marriage by a decree of divorce by mutual consent. Petitioner-
wife has also stated that she has received a necklace set from the
husband and that she has no further claim whatsoever against her
respondent-husband.
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The petitioner in the connected petition who is the husband
also submitted that he has no objection for these cases to be
disposed of by granting divorce by mutual consent between the
parties.
It is also stated at the Bar that certain cases which have
been filed by the parties against each other shall also be
withdrawn within fifteen days from the date of disposal of these
petitions. The details of the said cases are mentioned in paragraph
10 of the said Settlement Agreement. In the circumstances,
settlement agreement dated 13.12.2021 arrived at between the
parties is taken on record.
Learned counsel for the respective parties submitted that the
marriage between the parties may be dissolved by granting divorce
by mutual consent under Section 13-B of the Act read with Article
142 of the Constitution.
In the circumstances, the settlement agreement which is
appended to the Transfer Petition No. 618 of 2021 is taken on
record and perused.
It is noted that though the settlement agreement has been
arrived at between the parties for seeking dissolution of their
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marriage by a decree of divorce by mutual consent is dated 13
December, 2021, nevertheless, the parties have been at loggerheads
and the petitions have been filed by them, inter se, seeking inter-
alia, restitution of conjugal rights, maintenance and also a
criminal proceeding is pending. It is also noted that the parties
are living separately and there is no possibility of the parties
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reconciling their disputes and co-habiting together.
Learned counsel for the respective parties also submitted that
the stipulation of six months’ period indicated in Sub-section (2)
of Section 13-B of the Act may also be dispensed with and in this
regard, they placed reliance on a judgment of this Court in the
Case of “Amardeep Singh Versus Harveen Kaur” – [2017 (8) SCC 746].
Having regard to the aforesaid judgment, stipulation of six months
as stated Sub-section 2 of Section 13-B of the Act is dispensed
with.
On perusal of the terms of settlement, I find that they are
lawful and there is no reason as to why the same cannot be
accepted.
In the circumstances, by exercising jurisdiction under Article
142 of the Constitution, the marriage solemnized between the
parties on 24.11.2017 in Bharuch is dissolved by a decree of mutual
consent in terms of Section 13-B of the Act.
It is needless to mention that the said settlement agreement
shall be read as part and parcel of this order.
Registry to draw up a decree in the aforesaid terms.
Consequently, these transfer petitions are rendered
infructuous and are disposed of accordingly.
…………………………………………J
(B.V. NAGARATHNA)
NEW DELHI;
th
9 MAY, 2022