(Pamidighantam Sri Narasimha and Aravind Kumar, JJ.)
Reshmi Shaw @ Gupta ______________________________ Petitioner;
v.
Bidesh Kumar Gupta ______________________________ Respondent.
Transfer Petition (Civil) No. 2072/2023, decided on April 9, 2024
The Order of the court was delivered by
Order
1. It is reported that the dispute between the parties is amicably settled.
2. We have perused the Settlement Agreement dated 19.02.2024. The terms of the Settlement Agreement shall be made a part of this order which are as under:
“5. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent:—
A. That the parties have agreed that the Respondent-husband will pay to the Petitioner-wife a total sum of Rs. 12,00,000/- (Rupees Twelve Lakhs Only) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever.
B. It is agreed between the parties that they will move an application jointly before the Hon’ble Supreme Court under Article 142 of Constitution of India for invoking inherent powers of the Hon’ble Supreme Court praying for divorce by mutual consent as parties are staying separately since 11.08.2021, Jagadalpur, Chhatisgarh i.e. for the last more than Two years and there is irretrievable break down of the marriage and also for quashing of proceedings arising out Under Section 12(3) and 13(1) of the Protection of Women from domestic violence Act, 2005 at Purulia, West Bengal.
C. The Respondent Husband had filed Divorce Petition being HMA No. 31 A of 2023 Under Section 13(1)(1-A)(1-B) of Hindu Marriage Act, 1955 at Family Court, Jagadalpur District Bastar, Chhattisgarh.
D. It is further agreed between the parties that if Hon’ble Supreme Court is pleased to allow application filed by both the parties under Article 142 of Constitution of India then the Respondent-husband shall withdraw divorce petition and the Petitioner wife shall withdraw all the cases filed by her. The Respondent – husband paid to the Petitioner Wife a total sum of Rs. 12,00,000/- via Demand Draft vide No. 628510 dated 14.02.2024 in the name of Petitioner.
6. The Respondent-Husband shall withdraw the divorce Petition being HMA No. 31 A of 2023 Under Section 13(1)(1-A)(1-B) of Hindu Marriage Act, 1955 pending at Family Court, Jagadalpur District Bastar, Chhattisgarh within 2 weeks after the disposal the aforesaid Transfer Petition No. 2072/2023.
7. The Petitioner-Wife shall withdraw the Petition being Misc. No. 123/2023 Pending at Competent Court Purulia, West Bengal Under Section 12(3) and 13(1) of the Protection of Women from domestic violence Act, 2005.
8. That the Petitioner and the Respondent have agreed that none of them will initiate any other legal action or complaint against each other or against the family members of each other in respect of their matrimonial dispute in future.
9. That subject to the aforesaid terms, the parties have resolved all the disputes amicably in relation to the marriage and have been left with no claims against each other or their respective family members.
10. That by signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other including maintenance, or any movable or immovable property and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation.
11. The parties undertake to abide by the terms and conditions set out in the above mentioned Settlement Agreement, which have been arrived with free will of the parties without any coercion, duress or collusion and parties undertake not to raise any dispute whatsoever henceforth.”
”
3. After having perused the Settlement Agreement, we are of the view that this is a fit case for this Court to exercise its power under Article 142 of the Constitution of India to dissolve the marriage between the parties. Hence, we pass the following order:
(1) The cases pending between the parties as mentioned in paragraphs 6 & 7 shall be withdrawn by them.
(2) The amount of Rs. 12 lakhs towards full and final settlement as detailed in paragraph 5-A of the settlement agreement shall be paid to the petitioner-wife by the respondent-husband.
(3) The marriage solemnized between the parties on 03.05.2021 is hereby dissolved by a decree of divorce under Section 13-B of the Hindu Marriage Act, 1955; and
(4) The parties shall diligently abide by the terms of the Settlement Agreement.
(5) The decree of divorce shall be drawn incorporating all the terms and conditions of the Settlement Agreement within a period of six weeks from today.
4. The transfer petition is disposed of in above terms.
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