Nidhi Gupta vs Ashish Kumar Gupta

The Transfer Petition has been filed for the transfer of a divorce petition, bearing MP No 61 of 2016, instituted by the respondent before the Family Court, Hamirpur, Uttar Pradesh to the Family Court at Narsinghpur, Madhya Pradesh.

During the course of the hearing and after notice was issued on 15 September 2017, the parties agreed to seek recourse to mediation in order to enable them to explore the possibility of a mediated settlement of their matrimonial dispute. Accordingly, the following order was passed on 15 July 2019:

"This being a matrimonial matter between husband and wife, we think it just and proper to send the matter to the Supreme Court Mediation Centre in order to explore the possibility of an amicable settlement of disputes between the parties, if possible.

The respondent-husband shall pay a sum of Rs.5,000/- (Five thousand) to the petitioner-wife for her travel and miscellaneous expenses to enable her to appear before the Supreme Court Mediation Centre.

Parties are directed to appear before the Supreme Court Mediation Center on 21st August, 2019 at 11.00 a.m.

The Incharge, Mediation Center, after making an endeavour for amicable resolution of the disputes, shall submit a report to this Court.

List the matter after receipt of report from the Mediator."

During the course of the mediation, a settlement has been arrived at between the parties on 20 September 2019. A copy of the Settlement Agreement has been placed on record. The Settlement Agreement provides that the respondent would pay an amount of Rs 9,00,000 to the petitioner in full and final settlement of all claims on account of alimony and that the parties shall thereupon move the Family Court at Narsinghpur for a divorce by mutual consent. Since numerous proceedings are pending, the Settlement Agreement also stipulates that upon payment of the amount and the passing of a decree for divorce by mutual consent, the parties would apply before the competent courts where the cases are pending for withdrawal or, as the case may be, for quashing of the proceedings.

When the Transfer Petition came up before this Court on 26 November 2019, both the learned counsel informed the Court that it would be appropriate if the entire amount of alimony quantified at Rs 9,00,000 is paid over at once so as to facilitate a decree for divorce by mutual consent being passed by this Court in exercise of its jurisdiction under Article 142 of the Constitution. Moreover, the learned counsel jointly submttd that, in that event, it would be in the interests of justice if all the pending proceedings are brought to a closure by the order of this Court so as to obviate the parties being required to move different fora where the disputes may be pending for appropriate directions in each individual case.

We considered the request to be in the interests of justice and hence, had adjourned the hearing to today to enable the respondent to produce demand drafts in the total amount of Rs 9,00,000 payable to the petitioner. In fact, the Court was informed on the previous date that the demand drafts were also ready. During the course of the hearing, learned counsel appearing on behalf of the respondent has handed over to the learned counsel appearing on behalf of the petitioner three demand drafts in the total amount of Rs 9,00,000. The details of the demand drafts are as follows:

(i) Demand Draft No 000228 dated 24.09.2019 for Rs 2,00,000;

(ii) Demand Draft No 000229 dated 24.09.2019 for Rs 3,00,000; and

(iii) Demand Draft No 000230 dated 24.09.2019 for Rs 4,00,000.

The petitioner and the respondent were married on 28 November 2013. The parties have been residing separately since May 2014. Matrimonial disputes having arisen between the parties, it is apparent that they have been unable to reside together. Hence, the parties have agreed to a divorce by mutual consent. Hence, in exercise of the jurisdiction of this Court under Article 142 of the Constitution, we issue the following directions:

(i) There shall be a decree for divorce by mutual consent;

(ii) The following cases which are pending by and between the parties shall stand quashed or, as the case may be, closed since the matrimonial dispute between the petitioner and the respondent has been duly resolved:

(a) Maintenance Petition No 121 of 2015 and Domestic Violence Petition No 5 of 2015 (Titled Mrs Nidhi Gupta Vs Ashish Gupta & Ors) pending before the Judicial Magistrate First Class at Narsinghpur (M.P.) filed by the petitioner, Nidhi Gupta (Appeal No 5518/2018 pending in the Court of Ms Anita Singh, ASJ, Narsinghpur, Madhya Pradesh;

(b) Divorce Petition No MP No 61 of 2016 pending before the Family Court, Hamirpur, Uttar Pradesh filed by the respondent;

(c) FIR No 631 of 2014 under Section 498A/294/506/34 IPC registered by Mahila Thana in Kareli, District Narsinghpur, Madhya Pradesh, filed by the petitioner;

(d) Crime Case No 2299 of 2014 under Section 147/452/354A/323/504/506 IPC registered with PS Maudaha, District Hamirpur, Uttar Pradesh filed by the respondent's mother namely Smt Shobha Gupta.

(e) Complaint bearing Diary No 2533 of 2018 filed on 25.04.2018 was registered with PS Hinjewadi, District Pune, Maharashtra filed by the respondent.

Of the above cases, it may be noted that the case at serial no (d) has been instituted by the mother of the respondent, Smt Shobha Gupta. Smt Shobha Gupta has filed an affidavit during the course of the mediation proceedings that on the dispute being resolved, she would have no objection to the case being closed.

A copy of this order shall be placed on the record of the concerned courts so as to enable formal directions being issued for the closure of the cases. No further proceedings or claims between the parties shall accordingly survive and alll the allegations made by the parties against each other or against the members of their families are withdrawn.

The Transfer Petition is disposed of in the above terms.