REPORTABLE

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

TRANSFER PETITION (C ) NO. 624 OF 2008

Mitali  ..Appellant

Versus

Dababrata  ..Respondent

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. This Transfer Petition was filed by the wife seeking transfer of HMA No.80 of 2008  

filed under Section 13(1)(a)  of  the Hindu Marriage Act, 1955 (in short the ‘Act’)  

pending in the Court of learned Additional District Judge, Tis Hazari Court, Delhi, to  

any Court of Competent Jurisdiction of Nagpur.  Pursuant to the directions given on  

10.11.2008 the matter was listed at the Supreme Court Lok Adalat on 6th December,  

2008.  The parties were directed to appear before the Delhi High Court Mediation  

Center on 19.1.2009.  The parties had agreed that Ms.Veena Ralli  and Mr. Mohit  

Gupta,  Advocates  would  act  as  Amicus  Curiae  in  the  matter  of  Mediation  and  

Conciliation  proceedings.  The  petitioner  had filed an application  for  maintenance  

under Section 18 of the Hindu Adoption and Maintenance Act, 1959 and had obtained  

an ex parte decree of Family Court, Nagpur.  As noted above, the respondent filed a  

petition for divorce.  

2. We, therefore, allow the parties arrive at the following settlement as agreed to by them:

(a) It has been agreed between the parties that they will file a joint petition U/s 13  

(B) of the Act praying grant of  a decree of divorce on the ground of  mutual  

consent at Delhi.

(b) It has been agreed between the parties that the husband shall  pay a sum of  

Rs.7,00,000/-  (Rupees  Seven  lakhs  only)  to  the  wife  towards  all  her  claims  i.e.  

alimony, stridhan, maintenance (of her own as well as of their son Tushar) etc. and  

on receiving the said amount the wife shall have no claims whatsoever left against  

the husband.

(c) It has also been agreed between the parties that the said amount of Rs.7,00,000/-  

(Rupees Seven lakhs only) shall be paid by the husband and received by the wife in  

two  (2)  installments  through  Bank  drafts.  The  first  installment  of  Rs.3,00,000/-  

(Rupees Three lakhs only) at the time of signing the petition for the first motion U/s  

13 (B) of the Act and the second installment of Rs.4,00,000/- (Rupees Four lakhs  

only) at the time of signing the petition for the second motion U/s 13 (B) of the Act,  

shall be paid by the husband and received by the wife.

(d) It has further been agreed between the parties that the custody of Tushar, who is  

the only son born from the wedlock shall remain with the wife, but the husband  

shall have visitation right i.e. maximum six (6) visits in one year at mutually agreed  

place between the parties at Nagpur. If wife, Mitali at any time happens to be in  

Delhi  then  she  will  inform  husband-Debabrata  and  in  that  situation  husband-

Debabrata can meet Master Tushar at Delhi. It is agreed between the parties that  

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the visitation right would only be to meet the child during the day hours. It is also  

agreed between the parties that in case of any dispute between the parties regarding  

visitation of  the  child,  they  shall  approach the Delhi  High Court  Mediation and  

Conciliation Centre for an amicable solution.

(e) That the husband Debabrata admits and acknowledges the right of Master  

Tushar  in  the  ancestral  properties  including  E-235,  Ramesh  Nagar,  New  Delhi-

110015.

(f) It has been agreed between the parties that husband Debabrata shall be bearing  

to and fro expense of wife Mitali from Nagpur to Delhi for moving both the petitions  

under section 13 (B ) of the Act and for attending the hearings in the said petitions.

(g) It has further been agreed between the parties that the husband would allow the  

wife to open the almirah which although in possession of the husband, keys and locks  

are with the wife and he will allow the wife to remove / take possession all the articles  

lying in the said almirah. Husband also agreed to handover said almirah, double bed,  

dressing table, one necklace, two earrings and whatever other item of the wife, which  

he is in possession.

(h) It  is  further agreed between the parties  that the husband would withdraw his  

divorce petition filed against  the wife pending in the court of Mr.  Nikhil  Chopra,  

ADJ, Delhi and wife would not press for execution of  order/decree  passed by the  

Family Court at Nagpur on the petition filed by her.

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3. The petition is disposed of in terms of settlement arrived at between the parties.  Necessary  

orders shall be passed by the concerned Court as and when petitions in terms of the agreement are  

filed before said Court.     

………….……..........................J. (Dr. ARIJIT PASAYAT)

……………….………................J. (ASOK KUMAR GANGULY)

New Delhi, April 24, 2009                                                            

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