Mitali Vs. Dababrata
 INSC 816 (24 April 2009)
IN THE SUPREME COURT
OF INDIA ORIGINAL JURISDICTION TRANSFER PETITION (C ) NO. 624 OF 2008 Mitali
..Appellant Versus Dababrata ..Respondent
Dr. ARIJIT PASAYAT,
Transfer Petition was filed by the wife seeking transfer of HMA No.80 of 2008
filed under Section 13(1)(a) of the Hindu Marriage Act, 1955 (in short the
`Act') pending in the Court of learned Additional District Judge, Tis Hazari
Court, Delhi, to any Court of Competent Jurisdiction of Nagpur. Pursuant to the
directions given on 10.11.2008 the matter was listed at the Supreme Court Lok
Adalat on 6th December, 2008. The parties were directed to appear before the
Delhi High Court Mediation Center on 19.1.2009. The parties had agreed that
Ms.Veena Ralli and Mr. Mohit Gupta, Advocates would act as Amicus Curiae in the
matter of Mediation and Conciliation proceedings. The petitioner had filed an
application for maintenance under Section 18 of the Hindu Adoption and
Maintenance Act, 1959 and had obtained an ex parte decree of Family Court,
Nagpur. As noted above, the respondent filed a petition for divorce.
therefore, allow the parties arrive at the following settlement as agreed to by
(a) It has been
agreed between the parties that they will file a joint petition U/s 13 (B) of
the Act praying grant of a decree of divorce on the ground of mutual consent at
(b) It has been
agreed between the parties that the husband shall pay a sum of Rs.7,00,000/-
(Rupees Seven lakhs only) to the wife towards all her claims i.e. alimony,
stridhan, maintenance (of her own as well as of their son Tushar) etc. and on
receiving the said amount the wife shall have no claims whatsoever left against
(c) It has also been
agreed between the parties that the said amount of Rs.7,00,000/- (Rupees Seven
lakhs only) shall be paid by the husband and received by the wife in two (2)
installments through Bank drafts. The first installment of Rs.3,00,000/- (Rupees
Three lakhs only) at the time of signing the petition for the first motion U/s
13 (B) of the Act and the second installment of Rs.4,00,000/- (Rupees Four
lakhs only) at the time of signing the petition for the second motion U/s 13
(B) of the Act, shall be paid by the husband and received by the wife.
(d) It has further
been agreed between the parties that the custody of Tushar, who is the only son
born from the wedlock shall remain with the wife, but the husband shall have
visitation right i.e. maximum six (6) visits in one year at mutually agreed
place between the parties at Nagpur. If wife, Mitali at any time happens to be
in Delhi then she will inform husband-Debabrata and in that situation husband-
Debabrata can meet Master Tushar at Delhi. It is agreed between the parties
that the visitation right would only be to meet the child during the day hours.
It is also agreed between the parties that in case of any dispute between the
parties regarding visitation of the child, they shall approach the Delhi High
Court Mediation and Conciliation Centre for an amicable solution.
(e) That the husband
Debabrata admits and acknowledges the right of Master Tushar in the ancestral
properties including E-235, Ramesh Nagar, New Delhi- 110015.
(f) It has been agreed
between the parties that husband Debabrata shall be bearing to and fro expense
of wife Mitali from Nagpur to Delhi for moving both the petitions under section
13 (B ) of the Act and for attending the hearings in the said petitions.
(g) It has further
been agreed between the parties that the husband would allow the wife to open
the almirah which although in possession of the husband, keys and locks are
with the wife and he will allow the wife to remove / take possession all the
articles lying in the said almirah. Husband also agreed to handover said
almirah, double bed, dressing table, one necklace, two earrings and whatever
other item of the wife, which he is in possession.
(h) It is further
agreed between the parties that the husband would withdraw his divorce petition
filed against the wife pending in the court of Mr. Nikhil Chopra, ADJ, Delhi
and wife would not press for execution of order/decree passed by the Family
Court at Nagpur on the petition filed by her.
petition is disposed of in terms of settlement arrived at between the parties.
Necessary orders shall be passed by the concerned Court as and when petitions
in terms of the agreement are filed before said Court.
(Dr. ARIJIT PASAYAT)