Yadav Vs. Rahul Yadav  INSC 523 (16 March 2009)
ORIGINAL JURISDICTION TRANSFER PETITION [CIVIL] NO.944 OF 2008 Kavita Yadav
...Petitioner(s) Versus Rahul Yadav ...Respondent(s) O R D E R Heard learned
counsel for the parties.
parties have jointly filed settlement agreement dated 5.12.2008, perusal of
which shows that they have agreed to suffer mutual consent divorce decree.
5 of the settlement agreement reads thus:
following settlement has been arrived at between the Parties hereto:
a) It has
been agreed between the parties that they will dissolve their marriage through
mutual consent. The parties have agreed that the petition being matrimonial
suit No. 1303 of 2008 filed by Sh.Rahul Yadav for divorce at District Court,
Alipore, Kolkata be transferred to Karnal so as to convert the same into a
petition for divorce by mutual consent.
b) It has
been agreed between the parties that Sh.Rahul Yadav shall pay a sum of
Rs.6,00,000/- (Rupees Six Lac Only) in the court in full and final satisfaction
of all claims, maintenance, Istridhan, alimony etc. to Smt. Kavita Yadav on or
before 28.02.09 and accordingly the petition U/s. 125 Cr.P.C. filed by Ms.
Kavita Yadav against Sh. Rahul Yadav before the CJM, Karnal shall also be
-2- c) It is further agreed between the parties that on Rahul Yadav's paying
the aforesaid amount to Smt. Kavita Yadav a joint petition for quashing the FIR
No. 335 dated 31.07.08 shall be filed U/s.482 Cr.P.C. before Hon'ble High Court
at Chandigarh and Smt. Kavita Yadav shall be giving her full cooperation in
quashing the said FIR."
of the first part of para 5.b) of the settlement agreement, learned counsel
appearing on behalf of the respondent-husband has handed over in the Court a
demand draft drawn in favour of the wife for a sum of rupees six lakhs by way
of permanent alimony, to learned counsel appearing on behalf of the
In view of
the above, Matrimonial Suit No. 1303 of 2008, titled as Rahul Yadav vs. Kavita
yadav, pending in the Court of District Judge, Alipore, Kolkata, within the
State of West Bengal, is transferred to this Court and the same is disposed of
on the terms enumerated in the settlement agreement and mutual consent divorce
decree is granted.
prosecution of the accused persons including the respondent-husband in the case
arising out of F.I.R. No. 335 dated 31st July, 2008, which is pending in the
Court of Chief Judicial Magistrate, Karnal, within the State of Haryana, is
109/2/2008 filed under Section 125 of the Code of Criminal Procedure, pending
in the Court of Additional Civil Judge (Senior Division), Karnal, within the
State of Haryana, shall stand withdrawn.
Petition is, accordingly, disposed of.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
March 16, 2009.