REPORTABLE

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)

JUDGMENT

DR. ARIJIT PASAYAT, J.

1. These transfer petitions were listed in the Supreme Court Lok Adalat

held on 7th February, 2009.  With the efforts of the mediators of the Delhi

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High Court Mediation and Conciliation Centre, the parties had arrived at a

settlement which reads as follows:

“This SETTLEMENT 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.

WHEREAS:

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.

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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 proceedings.

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  

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(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

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(ii) Two rings

(iii) Watch

(iv) Silver coins

6. That  on  the  above  terms  and  conditions,  the  parties  have

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

Conciliation/Mediation.

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.”

2. We 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

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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 respondent.   

3. We record  our  appreciation  for  the  commendable  efforts  made  by

learned  Mediators  of  the  Delhi  High  Court  Mediation  and  Conciliation

Centre who acted as amicus curiae.  

4. Transfers petitions are accordingly disposed of.

……………………………………J. (Dr. ARIJIT PASAYAT)

…………………………………...J. (D.K. JAIN)

……………………………………J. (DR. MUKUNDAKAM SHARMA)

New Delhi, February 27, 2009

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