IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION [CIVIL] NO.845 OF 2009

Meetu Jain        ...Petitioner(s)

Versus

Saurabh Jain        ...Respondent(s)

O  R  D  E  R

Heard learned counsel for parties.

This petition has been filed for transfer of  

H.M.A. No.67 of 2009, titled as Saurabh Jain vs. Meetu  

Jain,  pending  in  the  court  of  Additional  District  

Judge, Patiala House Courts, New Delhi, to the Family  

Court or any other competent court at Varanasi, within  

the State of Uttar Pradesh.   

The respondent filed a petition for divorce  

principally  on  the  ground  of  cruelty.   During  the  

pendency of this petition, parties have settled their  

disputes and grievances and filed a joint petition of  

compromise whereunder they have, inter alia, made a  

prayer to suffer mutual consent divorce decree.  In  

view of this, we transfer H.M.A. No.67 of 2009, titled  

as Saurabh Jain vs. Meetu Jain, pending in the court  

of Additional District Judge, Patiala House Courts,  

New Delhi, to this Court and treat this petition as a  

petition for making amendment in the said case and  

dispose of the same in the following terms:   

1. The mutual consent divorce decree is passed in  

view of the compromise.

- 2 -  

2. The  husband  shall  pay  a  sum  of  Rupees  twelve  

lakhs to the wife by way of permanent alimony as  

one  time  full  and  final  settlement.   He  

undertakes  to  pay  the  said  amount  by  way  of  

Demand  Draft  prepared  in  favour  of  the  

petitioner,  Smt.  Meetu  Jain,  upon  a  Scheduled  

Bank payable at Varanasi, Uttar Pradesh, latest  

by 10th October, 2009, which shall be made over by  

learned  counsel  appearing  on  behalf  of  the  

husband to learned counsel appearing on behalf of  

the wife.

3. In terms of the paragraph 4 of the Memorandum of  

Settlement dated 1st October, 2009, which forms  

part of the compromise, the parties shall return  

the gift items within a period of one week from  

today.

4. The prosecution of all the accused persons in the  

case  pending  before  the  competent  Court  at  

Varanasi  within  the  State  of  Uttar  Pradesh,  

arising out of F.I.R. No.318/2009 under Sections  

498A, 323 and 504 of the Indian Penal Code, 1862,  

besides Sections 3 and 4 of the Dowry Prohibition  

Act is quashed.

Transfer petition is, accordingly, disposed of.

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

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

New Delhi, October 08, 2009.