V.RAMASUBRAMANIAN, J. - (1.) The parties have reached a settlement, before the Supreme Court Mediation Centre. The settlement agreement reads as follows:- "SETTLEMENT AGREEMENT This Settlement Agreement is being executed between Petitioner Ms. Kritika Kapoor, d/o Mr. Dinesh Kapoor R/o Kapoor building, Near Govind Mohalla, Tutu, Shimla - 171011 and Respondent Mr. Rohit Gurbasksh Lal Bhola, s/o Shri Gurbaksh Lal, house No.42, Rampura Colony, Yamunanagar, Haryana-135001. The marriage between the Petitioner and Respondent was solemnized on 01.08.2017 at Kalka, Haryana. Both parties resided together as husband and wife for about a month. There is no issue from this wedlock. That thereafter, due to irreconcilable differences between the parties, they started living separately and have been living separately for about three years now. This Hon'ble Court vide its order dated 11th June 2020 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 05th October, 16th October, 26th October, 2020, and today, 28th October 2020, and with the assistance of counsels and Mediator, the parties have arrived at an amicable, mutual settlement on the following terms and conditions:1. Both the parties hereto confirm and declare that they have, voluntarily and of their own freewill, decided not to live together as husband and wife and have arrived at this Settlement in the presence of the mediator and their respective counsels. 2. That the cases filed by the parties are as under:- (i) Complaint No. 38/2017 (CNR No.HPSH11-002402-2017) filed under the Protection of Women and Domestic Violence Act, 2005 by the Petitioner-wife before the Court of Judicial Magistrate Court No. 6, Shimla; (ii) Case for restitution of conjugal rights being Hindu Marriage Petition bearing No.2076/2018 titled Rohit Gurbaksh Lal Bhola vs. Kritika at the Family Court, Ahmedbad, filed by the Respondent -husband. (iii) Letter filed by the mother of the respondent-husband in the women cell at Yamunaga Police Station on 28.09.2017, which will also be sought to be closed, if not already closed. 3. That both the parties have entered into a full and final settlement/agreement in respect to the above-mentioned case on the following terms and conditions: (i) That both the parties herein agree that they shall file a joint Petition for divorce by Mutual consent in the Family Court at Shimla, where the Petitioner-wife is residing with her parents, within 4 weeks of signing of this Settlement. It is made clear that the expenses for the same shall be borne equally by the Petitioner-Wife and the respondent husband and a sum of Rs.12,500/- (Rupees Twelve Thousand and five hundred only) shall be paid/transferred by the Respondent Husband to the Petitioner-wife through RTGS/NEFT toward his half share of advocate's fee for filing divorce Petition/first motion at the time of sending his affidavit/document. A further sum of Rs. 12,500/- will be paid/transferred by the respondent Husband to the petitioner wife towards his half share of advocates fee for filing second motion, if that is required to be filed. The wife shall ensure on behalf of both parties that the matter is properly filed and numbered. The Respondent-husband shall provide all necessary assistance, including providing the required affidavit and other documents on his part to the Petitioner-wife to enable her to file the Petition within 4 weeks. A sum of Rs.2,00,000/- (Rupees Two Lakhs only) shall be transferred through RTGS/NEFT by the Respondent-husband to the Petitioner-wife within two days of filing of the petition for divorce by mutual consent in Shimla Court. (ii) That both the parties herein agree that after the filing of the Petition for divorce by Mutual consent in Shimla, and after the withdrawal/dismissal of Domestic Violence Complaint by the Petitioner-wife, 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. The Respondent/husband will pay an amount of Rs.1,00,000/- (Rupees One Lakh Only) through a RTGS/NEFT transfer in the name of the Petitioner-wife on the date of grant of final Decree for Divorce by the Hon'ble Supreme Court. (iii) 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 pursue the Divorce Petition by Mutual Consent before the Family Court, Shimla, H.P, for the first motion within two weeks of the Order of the Hon'ble Supreme Court accepting the Settlement Agreement and directing parties to approach the Family Court. Both the parties undertake to be present before the appropriate Court in Shimla for the filing and for the recording of the statements at the time of first and second motion as required in the mutual consent divorce petition, and will seek for waiver of the waiting period for second motion u/s 13B(2) HMA, in terms of the judgment of the Hon'ble Supreme Court in the case of Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746. (iv) That both the partis herein also agree that the Complaint No. 38/2017 (CNR No. HPSH11-002402-2017) filed under the Protection of Women and Domestic Violence Act, 2005 by the Petitioner-wife before the Court of Judicial Magistrate Court No.6, Shimla, and all and any other pending cases, whether specifically mentioned for not between the parties and their family members, shall be withdrawn and brought to closure within four weeks of the signing of this agreement, and prior to final Order passed by this Hon'ble Court in the Transfer Petition agreement, and prior to final Order passed by this Hon'ble Court in the Transfer Petition or the final Order for Divorce. At the time of withdrawal of the aforesaid Domestic Violence case by the Petitioner-wife against the respondent-husband, the husband shall pay a further sum of Rs. 2,00,000/- only (Rupees two Lakh only) to the Petitioner-wife by way of RTGS/NEFT transfer within two days of withdrawal of the case. (v) That both the parties agree that the Letter filed by the Mother of the Respondent- husband in the women cell at Yamunanagar on 28.09.2017, shall be withdrawn/sought to be closed, if not already closed, and all of any other action initiated by the respondent-husband against the Petitioner-wife, will also be sought to be withdrawn/closed by submitting a letter by the Respndent/complaint, informing about this settlement to the concerned authorites, within two weeks of sighing of this Settlement Agreement. (vi) The parties undertake not to initiate any other litigation against each other or their families in future also. 5. It has been agreed between both the parties that the Responent-husband Mr. Rohit Bhola shall pay a total sum of Rs. 5,00,000/- (Rupees five lakh Only) towards a full and final settlement to Ms. Kritika towards any claims by her against her husband-Rohit, including towards her Stridhan, maintenance-past, present future, and permanent Alimony, out of which, as mentioned above, a sum of Rs.2,00,000/- (Rupees two Lakh Only) will be paid at the time of filing of the petition for divorce by mutual consent and another Rs.2,00,000/- (Rupees Two Lakhs Only) at the time of withdrawal by the Petitioner-wife of Domestic Violence Case pending in Shimla and the balance Rs.1,00,000/- (Rupees One lakh only) shall be paid at the time of grant of Final Divorce. The payment shall be into the Bank Account of the Petitioner-Wife bearing number-Kritika Kapoor, Saving Bank A/C No.50100107783117, HDFC Banik Branch-Totu Cheli Chounla, Shimla, Himachal Pradesh, IFSC Code - HDFC0004184, PAN: DMXPK4302M. 6. It is also agreed between the parties the Respondent-husband or a person he considers responsible, shall hand over the belongings of the Petitioner-Kritika i.e. two suitcases with their contents, two gold rings, one microwave and one window A.C. to the Petitioner-wife/ he parents in Solan, H.P. at the following address: Wing Commander Deepak Dogra, Sukriti Sadan, Adarsh Vihar, Saproon, Solan-173211, H.P., within two weeks of singing this settlement agreement, for which written acknowledgement shall be given by the Petitioner-wife/her parents. There are no further claims towards jewellery or any other property. The parties agree to the same in good faith. 7. That both the parties agree that the Respondent/husband shall also file to seek for dismissal of his Case for Restitution of Conjugal rights being Hindu Marriage Petition bearing No.2076/2018 titled Rohit Gurbaksh Lal Bhola vs. Kritika at the Family Court, Ahmedabad, filed by the Respondent-husband within one week of filing of the petition for Divorce by mutual consent in Shimla. 8. Both the parties agree and undertake that they have settled all their disputes and grievances against each other and against their family members amicably and they shall not file any complaints, proceedings whether criminal or civil, if any against each other or their family members or stake any claim whatsoever on the movable or immovable, joint or ancestral, self-acquired or HUF properties of either parties and their respective families. Both the parties further undertake to withdraw the aforesaid matters or any other matter if any pending against each other anywhere. 9. By signing this Agreement, the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto, through the process of Mediation. 10. It is agreed between both the parties that they cannot appeal against this Settlement Agreement and that the terms of this Settlement Agreement are binding on them. 11. It is agreed between both the parties that this Settlement Agreement supersedes, all prior discussions, meetings and agreements related to this matter."
(2.) As per the settlement agreement, the respondent has to pay a total amount of Rs.5,00,000/- (Rupees five lac only) towards full and final settlement. This amount is liable to be paid at different stages. It is agreed by the learned counsel on both sides that a sum of Rs.2,00,000/- (Rupees two lac only) has already been paid and the petition for divorce by mutual consent has also been filed on the file of the Family Court, Shimla, Himachal Pradesh and the first motion has taken place.
(3.) Therefore, the transfer petition is disposed of in terms of the settlement agreement. The parties shall honour their commitments under the agreement mutually.;