IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) No. 20 OF 2005

Sarita Singh & Ors. … Petitioner (s) Vs.

Rajeshwar Singh … Respondent (s)

O R D E R

R. V. Raveendran J.,

This petition by the wife is for transfer of the  petition filed by her husband (respondent) under Section  9 of the Hindu Marriage Act, 1955 from the Court of Civil  Judge,  Bahraich,  UP,  to  the  court  of  competent  jurisdiction at Delhi. On 24.1.2005 this Court directed  notice and stay of further proceedings in the said case.

2. The matter was referred to Lok Adalat conducted by  the Supreme Court. The parties and their counsel appeared  before  the  Lok  Adalat  and  with  the  assistance  of  two  mediators reached a settlement in terms of the Settlement  Agreement  dated  25.4.2009.  The  said  Settlement  was  recorded by the Members of the Supreme Court Lok Adalat  by proceedings dated 25.4.2009. Under the said settlement

agreement,  both  parties  agreed  :  (i)  to  withdraw  proceedings initiated by them against each other; (ii)  the  petitioner-wife  acknowledged  the  receipt  of  Rs.  1,10,000/- (Rupees one lakh ten thousand only) in full  and final settlement of her claim for maintenance; and  (iii)  the  parties  agreed  to  file  a  petition  under  Article 13-B of the Hindu Marriage Act, 1955 (‘Act’ for  short) for divorce by mutual consent.  

3. In pursuance of the said settlement before the Lok  Adalat, the parties have filed an application (IA No.4 of  2009)  under  Section  13-B  of  the  Act  in  this  transfer  proceedings. We have heard the parties on 21.8.2009 and  perused  the  record.  It  is  clear  from  the  transfer  petition and joint petition under section 13B of the Act,  that the parties who were married on 17.2.2001 have been  living separately for several years, that is from 2003,  that they have not been able to live together and there  is no chance of reconciliation between them. It is also  clear that they have agreed to dissolve their marriage by  mutual consent without any coercion, undue influence or  collusion. The transfer petition was filed in December  2004. The agreement to file a petition under section 13-B  of the Act was on 25.4.2009, more than six months back.  

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4. In  the  circumstances,  we  deem  it  appropriate  to  accept the said application for dissolution of marriage,  to  do  complete  justice  between  the  parties.  We,  therefore, allow the IA No. 4 of 2009 under Section 13-B  of  the  Act  and  the  marriage  between  the  parties  is  dissolved  by  granting  a  decree  of  divorce  by  mutual  consent. As the parties have already agreed to withdraw  their respective cases, there is no need for passing any  specific  order  in  regard  to  transfer  application  in  respect of the proceedings under Section 9 of the Act.  

5. The transfer petition is disposed of accordingly.  

_________________J. [R. V. Raveendran]

__________________J  [B. Sudershan Reddy]

         New Delhi; November 20, 2009.   

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