Aviral Bhatla Vs.
Bhawna Bhatla  INSC 353 (18 February 2009)
IN THE SUPREME COURT
OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRL.) NO. 431 OF
2008 Aviral Bhatla ..Petitioner Versus Bhawna Bhatla ..Respondent (With T.P.
(C) No. 1052 of 2008)
Dr. ARIJIT PASAYAT,
transfer petitions have been filed by Aviral Bhatla (hereinafter referred to as
the `husband') seeking transfer of several cases pending before learned Chief
Judge, Family Court, Gwalior, in proceedings under Section 9 of the Hindu
Marriage Act, 1955 (in short the `Act') and Section 125 of the Code of Criminal
Procedure, 1973 (in short the `Code'). The parties were married on 20.1.2006 at
Surajkund, Haryana. It appears that there were some irreconcilable differences
between the parties and despite concerted and serious efforts the parties were
not able to resolve their disputes and were living separately since 10.10.2007.
It appears that after the transfer petitions were filed before this Court,
learned counsel for the parties made efforts to bring about a comprehensive
settlement of the disputes relating to the matrimonial discord.
The Mediation Centre
of the Delhi High Court also played a vital role in arriving at a settlement. The
details of the litigations between the parties are as follows:
(i) The petitioner
has filed a case/petition under Section 13 (1)(ia) read with Section (iii) of
the Hindu Marriage Act, 1955 titled Aviral Bhatla v. Bhawna Bhatla bearing case
No.48/07 which is pending in the court of Mr. Ashok Bhardwaj, ASG Gurgaon,
(ii) Respondent has
filed a case under The Protection of Women from Domestic Violence Act, 2005
being complaint case no. 3086/1/2007 dated 03.11.07, under section 12 of the
Domestic Violence Act, which is pending in the court of Ms. Veena Rani
Metropolitan Magistrate at Patiala House, New Delhi. (iii) Respondent has filed
a petition for restitution of conjugal rights under section 9 of the Hindu
Marriage Act, 1955 in Gwalior bearing
No. 501(a)/07 against the Petitioner pending before Ms. Saroj Maheshwari Jain,
Chief Judge, Family Court, Gwalior. The said proceedings have been stayed by
this Hon'ble Court in the Transfer Petition No. 1052/2008.
(iv) Respondent has
filed a petition u/s 125 Criminal Procedure Code, 1973 being case No.435 of
2007 titled as Bhavna Bhatla v. Aviral Bhatla, pending before Ms. Saroj
Maheshwari Jain, Chief Judge, Family Court, Gwalior(MP). The Petitioner has
filed a transfer petition for the transfer of this matter bearing Transfer
Petition No. 431/2008 and such proceeding has been stayed by this Court in the
Transfer Petition No. 431/2008.
(v) Respondent has
filed an FIR bearing No. 68/2007 dated 26.11.2007, against Petitioner and his
family members under Section 406 r/w 34 and 498A of the IPC read with section 4
of Dowry Prohibition Act which is pending investigation in Mahila Police
Station Padav, Gwalior.
petitioner's father has filed a case bearing Case No. 18664/1/08 titled as MK
Bhatla V. Chitvan Sharma & ors. u/s 420, 465 468, 471 and 120B pending
before the Court of Mr. Sudesh Kumar MM Patiala House, New Delhi.
(vii) The Petitioner
has filed two Transfer Petitions bearing TP (C) no. 1052 of 2008 and TP (Cr1)
No.431 of 2008 before this Court inter alia praying transfer of the petition
u/s 9 of the Hindu Marriage Act, 1955 filed by the Respondent pending before
the Chief Judge, Family Court at Gwalior and transfer of proceedings under
section 125 Criminal Procedure Code, 1973 filed by Respondent pending before
the Chief Judge, Family Court at Gwalior (MP).
The agreed terms of
settlement are as follows:
Petitioner agrees and undertakes that he shall pay an amount of Rs.12 lacs
(Rupees Twelve Lacs) to Respondent in the form of a Pay Order in favour of Ms.
Bhavna Bhatla, at the time of making of statements/grant of divorce/quashing of
all the criminal and civil proceedings as a full and final settlement of all
her claims. Further more the petitioner agrees and undertakes to hand over all
the household articles as mentioned in settlement agreement dated 14. 11.08
before Ld. Mediator of High Court of Delhi in the presence of both the parties,
which are lying at House no. E-8/10, 3rd Floor, Malviya Nagar, New Delhi,
within 7 days from the date of signing of the present petition, the same will
be collected by the respondent and the expenses for the transportation will be
borne by her.
The respondent agrees
and undertakes that after the receipt of Rs.12 lacs, she and/or any of her
family member will have no claim on account of alimony (past, present and
future), maintenance, dowry, stridhan or will have no right of claim on any of
the property movable or immovable, self acquired, ancestral, joint or HUF of
the petitioner or his parents, or his family for any past, present or future claims
which have all been settled in terms of the present Consent Terms. Similarly,
petitioner and his family members will also have no claim against the
respondent and her family members.
That both the parties
agree and undertake that all the cases/complaints in any forum or court which
have been filed by the parties and their family members against each other
including the ones listed above will be treated as compromised and settled in
terms of the present application of divorce by mutual consent under Article 142
of the Constitution of India and this Court may also pass order for quashing of
Criminal proceedings as mentioned above."
view of the factual situation and the settlement arrived at by the parties we
direct that a decree of divorce by mutual consent be passed. All the
proceedings referred to above which are pending shall stand quashed. We record
our appreciation for the effective manner in which the Mediation Centre of
Delhi High Court helped the parties to arrive at a settlement.
transfer petitions are accordingly disposed of.
(Dr. ARIJIT PASAYAT)