- (1.) THE transfer petition is filed by the Petitioner -wife for transfer of matrimonial petition vide Case No. 523/A/2013 titled as "Manish Gupta v. Smt. Sangeeta Gupta" pending before the Principal Judge, Family Court, Jabalpur (M.P.) to the Family Court at Jaipur, Rajasthan. Respondent -husband has appeared and filed Interlocutory Application No. 2 of 2015 enclosing a copy of Compromise Deed/Agreement reached between the parties on 24.12.2014. Further prayer has been made to pass order under Article 142 of the Constitution of India and grant decree of divorce by mutual consent and quash the criminal proceedings filed by one party or the other against each other.
(2.) LEARNED Counsel for the Petitioner accepts that the Agreement has been reached between the parties and submits that only a sum of Rs. 8 lakhs out of 15 lakhs is paid and rest of the 7 lakhs are still required to be paid.
(3.) THE Compromise Deed/Agreement reached between the parties has been signed by the Petitioner -wife and the Respondent -husband apart from two witnesses. The relevant portion of the agreement reached reads as follows: - - "This Compromise Deed/Agreement is executed today on 24.12.2014 between Smt. Sangeeta Gupta aged 35 years, Wife of Shri Maneesh Gupta, Daughter of Shri Suresh Chandra Gupta, resident of 66, Vishnupuri, Model Town, Malviya Nagar, Jaipur (Rajasthan) permanent resident of B -4, Dhruv Marg, Tilak Nagar, Jaipur (Rajasthan) hereinafter shall be referred to as First Party AND Shri Maneesh Gupta son of Shri Mahesh Chandra Gupta, Caste Aggarwal, age 37 years, resident of 195, Bijli Nagar, Indore (Madhya Pradesh) hereinafter shall be referred to as Second Party, as follows: Whereas in accordance to Hindu rites and rituals the marriage of first party Smt. Sangeeta Gupta was solemnized on 16.01.2012 in Milan Garden, Indore (M.P.) with Second Party Maneesh Gupta. After the marriage, because of ideological differences between both the parties, the first party had lodged a First Information Report No. 218/2013 at Women Police Station, Gandhi Nagar, Jaipur, against the Second Party and his family members and one petition of domestic violence was preferred before the Court of Ld. Civil Judge and Additional Chief Judicial Magistrate No. 12, Jaipur City, Jaipur in which the next date of hearing is fixed for 08.01.2015, and further preferred an application Under Section 125 Code of Criminal Procedure. with regard to maintenance before the Court of Ld. Family Court No. 2, Jaipur City Jaipur in which the next date of hearing is fixed for 19.01.2015, and the Second Party had preferred the Divorce Petition against the First Party before the Court of Ld. Family Judge, at Jabalpur. Now the ideological differences which had been cooked up between both the parties, hence, both the parties with their own consent had decided to dissolve the marriage which was solemnized on 16.01.2012, and further it has been decided to dispose of all the matters by way of this agreement, on the terms and conditions which are as follows: It has been decided that the second party Maneesh Gupta shall pay Rs. 15 Lakhs towards Stridhan, Goods and one time maintenance to First Party Sangeeta Gupta. The maintenance and stridhan is inclusive in the aforesaid amount of f. 15 lakhs. After receiving of Rs. 15 lakhs, the first party Smt. Sangeeta Gupta shall neither claim any maintenance from Second Party under any law prevailing in India, and nor both the parties shall claim any right on the self earnings and in parental property of each other. That under this agreement, out of Rs. 15 lakhs as decided aforementioned, the Second Party Shri Maneesh Gupta has paid an amount of Rs. 8 lakhs vide Bank Draft No. 960183 dated 16.12.2014 drawn on State Bank of India, Indore Branch (M.P.). Out of remaining amount of Rs. 7 lakhs, one cheque No. 35170 drawn on Axis Bank, Saket Branch, New Delhi for Rs. 2 lakhs and another cheque No. 35171 drawn on Axis Bank, Saket Branch, New Delhi for Rs. 5 lakhs being security has been kept as security with Shri Raju Agarwal son of Late Shri Mohandas Mangodiwala. Five days prior to the prescribed time frame, both the aforesaid cheques shall be converted into Demand Draft and the Second Party shall pay the said Demand Drafts to Sri Raju Agarwal and will take back the aforesaid cheques.;