(J.K. Maheshwari and Sudhanshu Dhulia, JJ.)
Bhagwaan Devi ___________________________________ Petitioner;
v.
Anil Kumar ____________________________________ Respondent.
Transfer Petition(s) (Civil) No(s). 1441/2023, decided on January 10, 2024
The Order of the court was delivered by
Order
1. This petition has been filed seeking transfer of Marriage Petition No. 106 of 2023 pending in the Family Court at Pilibhit, Uttar Pradesh to the Family Court at Karnal, Haryana.
2. As per order dated 25.08.2023, by the consent of the parties, the matter was referred to the Supreme Court Mediation Centre for an amicable settlement of the disputes. By virtue of the mediation, the parties have arrived at a settlement and the Settlement Agreement dated 05.10.2023 has been filed by the Supreme Court Mediation Centre, which is taken on record.
3. The parties have also filed a joint application bearing I.A. No. 6279 of 2024 and prayed for dissolution of marriage by mutual consent, invoking our jurisdiction under Article 142 of the Constitution of India. Paras 3 and 4 of the application are relevant and therefore, reproduced as under:—
“3. That the terms of settlement between the parties are set out in the Settlement Agreement dated 05.10.23 which has been signed and acknowledged by both the parties and the same is already placed on record of this Hon’ble Court for its approval. Relevant facts/terms and conditions of the Settlement Agreement are mentioned below for ready reference of this Hon’ble Court:
(i) Marriage between the Petitioner and Respondent was solemnized as per Hindu Rites and Ceremonies in the year 2007 at District Pilibhit, Uttar Pradesh. From the wedlock two sons namely Atul(9 years) and Umang (5 years) were born. Due to temperamental differences parties are residing separately since January, 2023.
(ii) Following three cases are pending between the parties:
(a) Marriage Petition No. 106/23 (petition under Section 9 of the Hindu Marriage Act, 1955), titled as Anil Kumar v. Bhagwaan Devi, pending in the Court of Principal Judge, Family Court, Pilibhit, Uttar Pradesh;
(b) Divorce Petition No. 217 of 2023 titled as Bhagwaan Devi v. Anil Kumar, pending before the Principal Judge, Family Court, Karnal, Haryana; and
(c) FIR being Cr. No. 27 of 2023, under Section 366 IPC, registered at Police Station Kotwali, Uttar Pradesh.
(iii) Two bank accounts maintained in the name of Petitioner/Wife have been freezed, due to complaint made by Respondent/Husband. Details of the Bank Accounts are as under:
(a) Saving Bank Account No. 0679100100001711, in the name of Bhagwaan Devi at Punjab National Bank, Pilibhit Branch, Uttar Pradesh, total amount lying therein is Rs. 4,80,696/-; and
(b) Saving Bank Account No. 55820100019363, in the name of Bhagwaan Devi at Baroda Uttar Pradesh Gramin Bank, Pilibhit, Uttar Pradesh, total amount lying therein is Rs. 1,15,804/-.
iv) In aforesaid both the accounts total amount of Rs. 5,96,500/- (Rupees Five Lakhs Ninety Six Thousand and Five Hundred Only) is lying. Parties have agreed that, on getting defreezed the said accounts, Petitioner/Wife will withdraw the total amount and after keeping an amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) for herself, balance amount of approximate Rs. 3,96,500/- (Rupees Three Lakhs Ninety Six Thousand and Five Hundred Only) or whatever balance is left after deducting the said Two Lakhs only, will be handed over by the Petitioner/Wife to the Respondent/Husband and the Respondent/Husband will invest the said amount in equal proportion in the shape of Fixed Deposit with any nationalized bank in the name of both the sons, for a period they attain the age of majority. A copy of Fixed Deposits shall be shared by the Respondent/Husband with the Petitioner/Wife.
(v) Parties have further agreed that they will withdraw the aforesaid cases filed by them and they will also make a joint request to this Hon’ble Court for passing mutual divorce decree under Article 142 of the Constitution of India and all the aforesaid cases may be disposed of as compromised/settled.
(vi) It is further agreed that both the children will remain in care and custody of the Respondent/Husband and the Petitioner/Wife will never make any claim whatsoever qua the custody/visitation rights of the children.
(vii) That the aforesaid amount of Rs. 2,00,000/-(Rupees Two Lakhs Only) being withdrawn by the Petitioner/Wife shall be considered as full and final settlement and in lieu of permanent alimony and any sort of claim whatsoever for future.
(viii) Parties have further agreed and undertake that they have settled all their disputes and differences amicably against each other and against their family members. Further, they shall not file any proceedings whether civil or criminal against each other or their family members in any forum or make any claim on any movable or immovable, joint or ancestral, self acquired or HUF properties of either party or their family.
(ix) It is further agreed between the parties that henceforth they will not file any civil/criminal complaint or any case against their prospective spouses with regard to the present matrimonial alliance/dispute.
4. That in view of the aforesaid settlement, parties are jointly filing this application requesting this Hon’ble Court to grant them a decree of divorce in exercise of its powers under Article 142 of the Constitution of India, in view of the fact that there has been an irretrievable breakdown in their marriage and an amicable separation is in best interest of the parties.”
4. During hearing, we have interacted with Ms. Bhagwaan Devi (petitioner-wife) along with her Advocate and also Mr. Anil Kumar (respondent-husband) along with his Advocate. The parties have acknowledged the terms of the Settlement Agreement and requested to pass a Decree of Divorce by mutual consent.
5. In view of the aforesaid, we dispose of this Transfer Petition with the following terms:—
(a) As agreed between the parties, the two sons namely, Atul (9 years) and Umang (5 years), born from the wedlock, shall be in the custody of the respondent-husband.
(b) In the account of the petitioner-wife, a sum of Rs. 5,96,500/- is lying. Out of the said amount, Rs. 2 Lakhs is permitted to be withdrawn by the petitioner-wife and the remaining amount shall be kept in an interest bearing Fixed Deposit, in a nationalised bank, in the name of two minor sons equally dividing the said amount, till attaining the age of majority of the children. The respondent-husband shall carry out the said terms of investing into the Fixed Deposit, and the photocopies of the FDs shall be handed over to the petitioner-wife within one month.
(c) The cases filed and specified in Paragraph 3(ii) of the aforesaid terms be treated as disposed of in terms of the settlement.
(d) The parties shall abide by the terms of the settlement, which they have agreed before the Supreme Court Mediation Centre and before us during the course of hearing.
(e) In consequence of the above, we grant the Decree of Divorce by mutual consent in exercise of our jurisdiction under Article 142 of the Constitution of India. Consequently, the marriage between the petitioner – Bhagwaan Devi and the respondent – Anil Kumar 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 as per their own free will. Ordered accordingly.
(f) In view of the settlement of the disputes between the parties and the order passed above, the account of the petitioner – Ms. Bhagwaan Devi shall be defreezed.
6. Pending interlocutory application(s), if any, is/are disposed of.
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