Alok Mishra Vs.
Garima Mishra  INSC 432 (27 February 2009)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION TRANSFER PETITION (CIVIL) NO.445 of 2008
Alok Mishra ...Petitioner Versus Garima Mishra ....Respondent (With T.P. (C)
No.870 of 2007)
DR. ARIJIT PASAYAT,
transfer petitions were listed in the Supreme Court Lok Adalat held on 7th
February, 2009. With the efforts of the mediators of the Delhi High Court
Mediation and Conciliation Centre, the parties had arrived at a settlement
which reads as follows:
AGREEMENT is entered into on 6th day of February, 2009 between:
Shri Alok Mishra
(Husband), Son of late Shri Jaiprakash Mishra, C/o Mr. Adrash Mishra, R/o A-10,
LG Housing Society, Sector Pie, Greater Noida, Dist. Gautam Budh Nagar, Uttar
Pradesh and Smt.
Garima Mishra (Wife),
W/o Shri Alok Mishra, R/o HIGD - 6, Dhanwantri Nagar, Jabalpur, Madhya Pradesh.
1. Disputes and
differences had arisen between the Parties hereto leading to filing of Transfer
Petition (Civil) No.870/2007 and Transfer Petition (Civil) No.445/2008 before
the Hon'ble Supreme Court of India.
2. The matter was
referred to Mediation and Conciliation Centre Delhi High Court for exploring
the possibilities of settlement between the parties.
3. The parties agreed
that Ms. Kamlesh Mahajan and Mr. Inderbir Singh Alag, Advocates would act as
their Conciliators/Mediators in the matter of Mediation and Conciliation
4. The parties pursuant
to discussions, deliberations and negotiations held with the assistance and
help of the Mediators have resolved their disputes/differences and have agreed
to dissolve their marriage on the following terms and conditions:
(i) The husband,
namely, Alok Mishra would pay a total sum of Rs.8,50,000/- (Rupees Eight Lakhs
Fifty Thousand only) to the wife, namely, Garima Mishra as full and final
settlement towards the rights of the wife towards alimony, maintenance, etc.
which the wife accepts for a full and final settlement of her rights towards
the alimony, maintenance, etc. in the following manner:
(a) Rs.3,00,000/- by
way of cheque dated 7.2.2009;
(b) Rs.2,75,000/- by
way of a post-dated cheque dated 22.2.2009; and 3 (c) Balance amount of
Rs.2,75,000/- by way of post- dated cheque dated 7.3.2009.
(ii) The husband
assures that the said cheques would be good on presentation, would have
sufficient funds in the accounts for honouring all the above cheques.
5. The husband would
return the following items and other miscellaneous items to the wife on
7.2.2009 at the Hon'ble Supreme Court:
From mother's side to
the wife (i) Necklace (ii) Teeka (iii) Payal (iv) Bichiya (v) Chain (vi) Locked
suitcase (with sarees inside) Gifted to the Husband (i) Chain 4 (ii) Two rings
(iii) Watch (iv) Silver coins
6. That on the above
terms and conditions, the parties has resolved their disputes and would request
the Hon'ble Supreme Court of India to pass necessary orders/decree for
dissolving the marriage between the parties.
7. That both the parties
will withdraw proceedings, if any, civil or criminal, instituted by them
against each other.
8. By signing the
Agreement the parties hereto state that they have no further claims or demands
against each other and all the disputes and differences in this regard have
been amicably settled by the Parties hereto through the process of
9. That the parties
undertake to the Hon'ble Court to abide by the terms and conditions set out in
the agreement and not to dispute the same hereinafter in future."
accept the settlement which appears to be in the interest of the parties. It is
accepted that the requisite steps to give effect to the settlement have been
taken. In view of the settlement the marriage between the parties stands
dissolved by virtue of this order. It appears that certain cheques have been
deposited by the petitioner with the Registry of this Court. They shall be
handed over to the Member-Secretary, NALSA, to be further handed over to the
record our appreciation for the commendable efforts made by learned Mediators
of the Delhi High Court Mediation and Conciliation Centre who acted as amicus
petitions are accordingly disposed of.
(Dr. ARIJIT PASAYAT)
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