Niharika Shailendra Kumar Singh vs Abhishek Mahendra Singh

We are informed by the counsel for the parties that they have amicably settled all the disputes and have reduced the settlement terms into writing in the form of settlement agreement, which reads thus :

SETTLEMENT AGREEMENT

This Settlement Agreement (Settlement Agreement) is entered into between Smt. Niharika Singh, D/o Shri Shailendra Kumar Singh, W/o Shri Abhishek Singh, R/o N-4/3G-2, Lal Bahadur Shashtri Colony, Karaundi, Post Suswahi, Varanasi - 221005, Uttar Pradesh (herein referred to as the Petitioner).

AND

Shri Abhishek Singh, S/o Shri Mahendra Singh, R/o B-303, Shivam Apartment, Ankleshwar, GIDC Tq. Ankleshwar, District Bharuch, Gujarat - 393002 (hereinafter referred to as the Respondent).

The marriage between the parties was solemnized on 12.02.2016 at Varanasi in accordance with Hindu custom, rites and ceremonies. The parties do not have any children. Over a period of time disputes arose between the parties, and the parties have been staying separately since December, 2016.

The present matter was referred to mediation by Hon'ble Mr. Justice A.M. Khanwilkar and Hon'ble Mr. Justice Dinesh Maheshwari of this Hon'ble Supreme Court vide its Order dated 01.08.2019 in the above mentioned matter.

Comprehensive mediation sessions, both joint and single sessions, were held with the parties separately and jointly in the presence of their Counsels on 17.08.2019, 22.08.2019 and today i.e. on 29.08.2019.

The parties have voluntarily and with their consent arrived at an amicable settlement for dissolving the marriage by mutual consent through the process of mediation, on the terms and conditions set out hereunder.

It is agreed between the parties that they shall not live together in future as husband and wife and shall dissolve their marriage by mutual consent.

It is agreed between the parties that they shall jointly move an application for decree of divorce by mutual consent before this Hon'ble Court invoking the inherent power under Article 142 of the Constitution of India.

The following cases are pending between the Parties:-

Sr. No.

Court

Case No.

Section

Parties

Filed By

1.

Varanasi District Court

2314/2017

Crime No. 530 dated 04.05.2017, Under Section 498A, 323, 504, 506 IPC

State of UP & Niharika Singh Vs. Abhishek Singh, Mahendra Sing & Usha Singh

Petitioner

2.

Taluka Court Ankleshwar Bharuch

HMP/000 0057/2017 dated 21.11.2017

Under Section 9 of H.M.Act

Abhishek Singh & Mahendra Singh Vs. Niharika Singh, Shailendra Kumar

Respondent

3.

Allahabad High Court

395/2018

Under Section A482 for Quashing of Charge Sheet under Crime No. 530 dated 04.05.2017, Under Section 498A, 323, 504, 506 IPC

Abhishek Singh, Mahendra Singh & Usha Singh Vs State of UP & Niharika Singh

Respondent

4.

Varanasi District Court

249/2018 dated 26.05.2018

Maintenance under Section 125 Cr.PC

Niharika Singh Vs. Abhishek Singh

Petitioner

5.

Varanasi District Court

120/2018 dated 26.05.2018

Domestic Violence under Section 12 & ors.

Niharika Singh Vs. Abhishek Singh, Mahendra Singh & Usha Singh

Petitioner

6.

Supreme Court

Diary No. 14577/20 18; Case No. 664/2018

1802-Ordinary Civil Matters : Transfer Petition. Under Section 25 of the C.P.C

Niharika Singh Vs. Abhishek Singh

Petitioner

Both the parties have agreed:-

The Respondent shall pay a total of Rs. 26,00,000/- (Rupees Twenty Six Lakhs Only) towards maintenance, alimony, stridhan, (past, present and future) and any other claim whatsoever for the Petitioner. One demand draft for the amount of Rs. 13,00,000/- (Rupees Thirteen Lakhs Only) drawn in favour of Niharika Singh shall be given on or before 10.09.2019. The parties will make a joint application for decree of divorce by mutual consent before this Hon'ble Court. Such application shall be made maximum within a month from today (on or before 29th September, 2019). A second demand draft drawn in favour of Niharika Singh for Rs. 13,00,000/-(Rupees Thirteen Lakhs Only) shall also be given by the Respondent to the Petitioner on or before 25th October, 2019.

Both parties agreed to move appropriate application before this Hon'ble Court praying therein to this Hon'ble Court to exercise its jurisdiction for quashing of all cases between the parties in all the Courts as mentioned in paragraph - 3 of this Settlement Agreement

Both the parties agree to withdraw all the pending cases mentioned in para - 3 of the present Settlement Agreement besides all other pending cases/petitions filed by them, if any, against each other before any court of law or any other forum, even if other party has no knowledge of it. They agree to take all necessary steps and cooperate with each other to withdraw the same before the filing of the Petition for divorce by mutual consent.

Both the parties agree that henceforth they would not file any civil/criminal complaint(s) or any case(s) against each other or against their respective family members and/or relatives in future with regard to the present matrimonial matter.

By signing this Settlement Agreement, the parties hereto solemnly state and affirm that they have no further claims or demands against each other regarding this matrimonial matter, and all the disputes and differences have been amicably settled by the parties hereto through the process of Mediation.

The parties undertake before this Hon'ble Court to abide by the terms and conditions set out in the present Settlement Agreement, which have been arrived at without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.

Both the parties have agreed that in case any party does not fulfill any of the terms mentioned in the present Settlement Agreement, the other party shall have the right to initiate legal/ appropriate proceedings against the other party in default.

Both the parties have read and understood the terms of the present Settlement Agreement and have consulted their respective legal counsels also, and are accordingly signing this Settlement Agreement in presence of all the persons named below, to authenticate their will to comply with the same.

This Settlement Agreement supersedes all prior negotiations and discussions held between the parties regarding this matter.

(Niharika Singh)

Petitioner - wife

(Abhishek Singh)

Respondent - husband

(Vishnu Sharma)

Advocate-on-record for the Petitioner

(Parmatama Singh)

Advocate-on-record for the Respondent

(Navlendu Kumar) Advocate for the Respondent

[ Anupama Ahluwalia ]

Mediator

Supreme Court of India

[Seshadri Sekhar Ray]

Co-Mediator

Supreme Court of India

Date: 29th August, 2019

A formal joint application (I.A. No.164539/2019) has been moved by the parties for disposing of the transfer petition and all proceedings pending between them on terms and conditions specified hereinabove, as recorded in the settlement agreement.

Having regard to above, we are satisfied that the settlement entered into between the parties on August 29, 2019 may be accepted and so also the prayer made by them jointly in their application for a decree of divorce in exercise of our powers under Article 142 of the Constitution of India.

We, accordingly, grant the decree of divorce by mutual consent to both the parties. Their undertakings given in the settlement dated August 29, 2019 are accepted. Accordingly, the marriage between the petitioner and the respondent solemnized on February 12, 2016 stands dissolved in terms of this order.

In view of above, cases pending between the parties in different Courts, details of which are mentioned in paragraph

3 at Sl. No. 1 to 5 in the list of cases of Settlement Agreement, shall stand withdrawn to this Court and are quashed/disposed of.

We record and accept the undertaking given by the parties that they will abide by the terms and conditions incorporated in the Settlement Agreement and shall not initiate any further civil or criminal case against each other and/or their family members with regard to the matrimonial alliance.

Resultantly, application No. 164539/2019 is allowed and the Transfer Petition is disposed of in the aforementioned terms.

We express word of appreciation for the sincere efforts put in by Ms. Anupama Ahluwalia and Mr. Seshadri Sekhar Ray, learned Mediators who facilitated the parties to settle the matters in the above terms.