- (1.)THIS Transfer Petition is filed Under Section 9 of the Hindu Marriage Act, 1955 ("HM Act") for transfer of Case No. 518 A/13 titled as Pallav Verma v. Smt. Ila Verma pending in the Principal Family Court, Raipur, Chhattisgarh to the Principal Judge, Family Court, Saket, New Delhi. We have heard Learned Counsel for the parties and perused the petition. Taking into consideration the grounds taken in the Transfer Petition, we allow the prayer and transfer Case No. 518 titled as Pallav Verma v. Smt. Ila Verma from the Principal Family Court, Raipur, Chhattisgarh to the Principal Judge, Family Court, Saket, New Delhi.
(2.)DURING the pendency of this Transfer Petition, the parties had been referred to the Supreme Court Mediation Centre. A Settlement Agreement has been arrived at before the Supreme Court Mediation Centre, which reads as follows:
"This Settlement Agreement is entered into between Petitioner - Ms. Ila Verma, W/o. Mr. Pallav Verma, D/o. Mr. S.S. Verma, R/o. Flat No. C -103/A4, Paryavaran Complex, New Delhi -110030 AND Mr. Pallav Verma, S/o. Late B.L. Verma, R/o. Flat No. 411, Chaitanya Towers, Mowa Raipur, Chhattisgarh. The marriage between the Petitioner and Respondent was solemnized as per Hindu rites and customs on 08.12.2010 at Bemetara, Chhattisgarh and there is no issue born out of this wedlock. Both the parties resided together as husband and wife till 21.07.2012 and thereafter disputes and differences had arisen between the parties hereto and consequently various cases civil and matrimonial were filed against each other details of which are given in the foregoing paras. The matter was referred to mediation by the Hon'ble Court vide Order dated 03.02.2014 in T.P. (C) No. 1798 of 2013. Mediation sessions, both joint and private, was held with the parties on 28.02.2014, 12.03.2014, 17.04.2014, 12.05.2014, 03.07.2014, 25.08.2014, 01.09.2014, 22.09.2014 and today i.e. on 23.09.2014. 1. The parties have voluntarily and with their consent arrived at an amicable settlement through the process of mediation on the terms set out hereunder: (I) That the parties have agreed to get their marriage dissolved by decree of mutual consent in terms of Section 13B of the Hindu Marriage Act, 1955. The parties agree to request the Hon'ble Supreme Court to grant such decree Under Article 142 of the Constitution of India as the payment is already made. However, this Hon'ble Court may direct as per provisions, the parties who have agreed to file the First Motion Under Section 13B(1) Hindu Marriage Act, 1955 before the appropriate Family Court at Saket, New Delhi within a period of eight weeks from today and to file Second Motion Under Section 13B(2) Hindu Marriage Act, 1955 within one week after the expiry of the statutory period of six months. (II) The Respondent -husband has agreed to withdraw the Case No. 518 -A/13, filed Under section 9 of Hindu Marriage Act titled as Pallav Verma v. Ila Verma pending before Family Court Raipur, Chhattisgarh against the Petitioner -wife within a period of one month or at the earliest. (III) That the Respondent -husband has paid a demand draft bearing No. 014075, dated 23.09.2014 for a sum of Rs. 4,00,000/ - (' Four Lacs only) viz. full and final settlement of all her claims towards the husband whether it be towards alimony and maintenance (past, present and future) whatsoever. (IV) The Respondent -husband has returned the following jewellery articles in the Mediation Centre to the Petitioner -wife in the present of mediation. 1.01 Gold Necklace set (Necklace with two ear rings). 2. 01 Gold Pendant Set. 3.01 Silver Anklet (Payal). 4. 02 Gold Bangles. 5.01 Gold Pair of Ear Ring. 6. 01 Gold Finger Ring. 7. 01 Gold Chain. 8. 03 Gold Finger Rings. 2. That subject to the aforesaid terms, the parties have resolved all the dispute amicably in relation to the marriage and have been left with no claims against each other or their respective family members. 3. By signing the 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 amicable settled by the parties hereto through the process of mediation. 4. The parties undertake to abide by the terms and conditions set out in the above mentioned Agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth."

(3.)ALTHOUGH a prayer has been made requesting this Court to grant a divorce decree Under Article 142 of the Constitution, we think it would be appropriate for the parties to take recourse of their second proposal, namely, to obtain a divorce by mutual consent Under Section 13 -B of the H.M. Act. Learned Counsel for the parties state that an application shall be moved for amending the aforesaid Petition Under Section 9 of the HM Act for it being treated as having been moved Under Section 13 -B(1) of the said Act so that the proceedings may be advanced forthwith to the stage envisaged in Section 13 -B(2) of the said Act. If this action is initiated the Court shall proceed in the matter with expedition and in accordance with law. It seems to us that no sooner the amendment is allowed, the natural and logical consequence would be that the statutory period of six months prescribed under the said Section 13 -B(2) would have been complied with, provided the unamended petition had been pending for a period of over six months. With these observations, the Transfer Petition is allowed.