Nidhita Ahuja (Nee Achhapaliya) vs Karan Ahuja

This Transfer Petition has been filed by the petitioner-wife under Section 25 of the Code of Civil Procedure for transfer of case being Matrimonial Suit No.510 of 2018 titled "Sri Karan Ahuja Vs. Smt. Nidhita Ahuja (Nee Achhapaliya)" from the court of the 9th Additional District Judge, Alipore, Kolkata, West Bengal to the Family Judge-cum-IV Additional District Judge, Vijayawada, Andhra Pradesh.

Heard learned counsel on both the sides.

Learned counsel appearing for the parties have stated that, during the pendency of this Transfer Petition, there is a settlement between the parties and they have decided to obtain divorce by mutual consent. In view of the same, a joint application bearing I.A.No.76425 of 2019 is filed seeking dissolution of marriage by mutual consent. It is stated in the application that as per the settlement, respondent-husband has agreed to pay an amount of Rs.94,00,000/- (Rupees Ninety Four Lakhs only) towards full and final settlement. It is further stated that out of the said amount, a sum of Rs.47,00,000/-(Rupees Forty Seven Lakhs) is already paid to the petitioner-wife.

Learned counsel appearing for the petitioner-wife has acknowledged the receipt of Rs.47,00,000/- (Rupees Forty Seven Lakhs). As per the terms of the settlement, a cheque for the balance amount of Rs.47,00,000/- (Rupees Forty Seven Lakhs) is also issued and the same is to be encashed by the petitioner-wife only after the decree of divorce is granted.

From the material placed on record, it is clear that after marriage the petitioner and respondent lived together only for a period of ten months and they are living separately since 2017. It is also agreed that as per the settlement an amount of Rs.47,00,000/- (Rupees Forty Seven Lakhs) is already paid to the petitioner-wife, and for a balance amount of Rs.47,00,000/- (Rupees Forty Seven Lakhs), respondent has issued a cheque to the petitioner. In view of the said developments, we deem it appropriate to allow this application seeking dissolution of marriage by granting decree of divorce by mutual consent.

In view of the same, we allow this application by dissolving the marriage between the parties by mutual consent. Decree be drawn accordingly.

This Transfer Petition stands disposed of as infructuous, in view of the dissolution of marriage by mutual consent.