Ajaya Vs. Sanjaya
Golecha  INSC 14 (7 January 2009)
JURISDICTION TRANSFER PETITION [CIVIL] NO.913 OF 2005 Ajaya ...Petitioner(s)
Versus Sanjay Golecha ...Respondent(s) With Transfer Petition (Crl.) Nos.459 of
2005 and 70 of 2007 O R D E R Transfer Petition (C) No.913 of 2005:
Heard learned counsel
for the parties.
A joint petition of
compromise has been filed by the parties wherein they have agreed to suffer a
mutual consent divorce decree and have made following prayers:
"(a) Accept the
compromise entered into between the petitioner and the respondent.
(b) That this Hon'ble
Court may kindly dissolve the marriage between the petitioner and the
respondent and pass the decree to that effect.
(c) (i) That both the
parties agreed that the custody of the child, Gitika, born out of their wedlock
may be given to the petitioner, i.e., the mother and agreed that Gitika will
stay with the petitioner and that the petitioner will not part with the custody
of Gitika to any of her relatives for her brought up. In case the petitioner is
unable to maintain Gitika by herself, then the custody of Gitika would be given
....2/- -2- (ii) The
respondent will have visiting rights in terms of para 4(iii).
(d) That this Hon'ble
Court may kindly quash all the proceedings in the cases pendi9ng before- (i)
Ld. Special Judge, Family Court, Indore (M.P.) in H.M.A. No.280/2004 pending
before the court of Special Judge, Family Court, Indore (M.P.) and (ii) M.J.C.
No.1157/2002 pending before the Ld. Family Court, Indore (M.P.); and (iii)
Criminal Appeal No.456/2007 presently pending before Xth Additional Session
Judge, Indore (M.P.) against the order passed by the court of III Additional
Judicial Magistrate, First Class, Indore (M.P.) in Criminal Case
Para 4(iii) referred
to in prayer '(c)(ii)' reads as follows:
respondent will have a visiting right to his daughter Gitika. The respondent
and his family members (blood relation) together with the respondent will have
a right to visit to the daughter Gitika every last Sunday of the 3rd month,
6th, 9th and Twelth month of every year and would meet her alone and would also
be allowed to take her out alone with himself/but not with force and not to
respondent's house and meeting will be held in the city/town where the
petitioner will be residing. The address of the petitioner where she with
daughter Gitika is residing will be kept informed to the respondent by the
petitioner by giving phone number and address. The respondent will also be
allowed to know his daughter Gitika progress in Education."
....3/- -3- Having
heard learned counsel for the parties and perused the petition, we are
satisfied that the compromise is lawful. Accordingly, H.M.A. No. 280 of 2004,
pending before the Special Judge, Family Court, Indore, within the State of Madhya
Pradesh, is transferred to this Court and the said suit is disposed of on the
terms enumerated in the compromise petition, which shall form part of this
order and a mutual consent divorce decree is granted.
We further direct
that in view of the compromise, M.J.C. No. 1157 of 2002, pending before the
Special Judge, Family Court, Indore, within the State of Madhya Pradesh, shall
So far as the
prosecution of the respondent in Criminal Case no. 2210 of 2005 is concerned,
it has been stated that he was acquitted by the Third Additional Judicial
Magistrate, First Class and Criminal Appeal No. 456 of 2007 was dismissed by
Xth Additional Sessions Judge, Indore and against the appellate judgment, the
matter has not been carried to the High Court.
Transfer Petition is,
accordingly, disposed of.
(Crl) Nos. 459 of 2005 and 70 of 2007.
In view of the order
passed in Transfer Petition (C) No. 913 of 2005, no further order is required
to be passed in these cases.
are, accordingly, disposed of.
Delhi, January 07, 2009.