IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL 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 to respondent.

....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 No.2210/2005.”

Para 4(iii) referred to in prayer '(c)(ii)' reads as follows:

“That the 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/-

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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 stand withdrawn.

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.

Transfer Petition (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.

Transfer petitions are, accordingly, disposed of.

...................J.           [B.N. AGRAWAL]

...................J.          [G.S. SINGHVI]

New Delhi, January 07, 2009.