- (1.) This Court vide order dated 9.11.2017 had directed the parties to appear before the Supreme Court Mediation Centre on 16.11.2017. Thereafter, they appeared and the mediation proceedings continued. The learned Mediator has recorded the settlement, which has been arrived at between the parties. The settlement agreement reads as follows:- SETTLEMENT AGREEMENT This Settlement Agreement is entered into between petitioner-wife Sneha Parikh, w/o Mr. Manit Kumar D/o Shri Mayur Parikh, R/o Flat No. 8-103, Swapna Puri, CHS, Jivala Pada, Thakur Village, Kandivali (E), Mumbai-400101, Maharashtra and Mr. Manit Kumar S/o Shri Mahinder Kumar Kathuria, R/o D/874, New Friends Colony, New Delhi-110025. Signature Not Verified The marriage between the petitioner-wife and Digitally signed by CHETAN KUMAR Date: 2018.01.17 the respondent-husband was solemnized as per Hindu 19:02:55 IST Reason: rites and customs on 10.2.2015 at Delhi. Because of disputes temperamental differences both the parties started residing separately since October, 2015. The petitioner-Sneha Parikh lodge the TP(C) 373/2017 complaint against the respondent and his family members, where upon a case crime registration no. 386/2016 was registered at P.S. Samta Nagar, Mumbai under Sections 498A, 406, 506(2), 34 IPC. There is no issue out of this wedlock and the parties are living separately since October, 2015. The respondent-husband has filed a petition H.M.A. No. 1002 of 2016 under Section 13 of the H.M.A. The same is pending before the Principal Judge, Family Courts, Saket District Court, New Delhi and thereafter the petitioner-wife has filed the present Transfer Petition for the transfer of the above divorce petition filed by the respondent-husband. The Hon'ble Supreme Court vide its order dated 9.11.2017 was pleased to refer the matter to the Supreme Court Mediation centre. Comprehensive mediation sessions were held with the parties separately and jointly in presence of their respective counsels on today i.e. on 16.11.2017. Both the parties hereto have arrived at an amicable mutual settlement on the following terms and conditions for dissolution of marriage by mutual consent and for quashing of the Crime Registration No. 386 of 2016 at P.S. Samta Nagar, Mumbai against the respondent and his other family members:
(2.) That is is agreed between the parties that they shall jointly pray for dissolution of marriage and quashing of Crime Registration No. 386 of 2016 at P.S. Samta Nagar, Mumbai against the respondent and his other family members as well as disposing of all the matter between the parties before the Hon'ble Supreme Court at the time of next date of hearing invoking the inherent power under Article 142 of the Constitution for grant of divorce by mutual consent as both the parties are staying separately for the last more than 2 years and there is no hope for reunion/reconciliation.
(3.) The respondent-husband has agreed to pay a total sum of Rs.18,00,000/- (Rupees Eighteen Lacs Only) to the petitioner-wife towards full and final settlement of all her claims towards alimony, maintenance (past, present and future), Stridhan, belongings and any other claim TP(C) 373/2017 whatsoever. That out of this an amount of Rs.6,00,000/- (Rupees Six Lakh Only) has already been paid/deposited by the respondent in the Court of Hon'ble Session Judge Dhindoshi District Court, Mumbai in Crime Registration No. 386 of 2016 while hearing on the anticipatory bail application No. 1077 of 2016 titled as Manit Kumar & Ors. vs. State of Maharashtra and the petitioner has already received/withdrawn the said amount of Rs.6,00,000/- (Rupees Six Lakh Only). Hence, the respondent has to pay only the balance amount of Rs.12,00,000/- (Rupees Twelve Lakh Only) to the petitioner. It is agreed that the said amount shall be paid in the following manner:- (a) That out of the aforesaid amount Rs.6,00,000/- (Rupees Six Lacs Only) will be paid by demand draft/bankers cheque in the name of Sneha Mayur Parikh at the time of recording the statement of the parties in the divorce petition under Section 13(B)(2) of H.M.A. (b) That balance/final amount of Rs.6,00,000/- (Rupees six lacs only) will be paid by demand draft/bankers cheque in the name of Sneha Mayur Parikh at the time of quashing of FIR/Crime Registration No. 386 of 2016 at P.S. Samta Nagar, Mumbai against the respondent and his other family members. ;