REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CRL.) NO. 431   OF 2008

Aviral Bhatla   ..Petitioner  

Versus

Bhawna Bhatla   ..Respondent

(With T.P. (C) No. 1052 of 2008)

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. These transfer petitions  have been filed by Aviral  Bhatla (hereinafter

referred to as the ‘husband’) seeking transfer of several cases pending before

learned Chief Judge, Family Court, Gwalior, in proceedings under Section 9 of

the Hindu Marriage Act, 1955 (in short the ‘Act’) and Section 125 of the Code

of Criminal Procedure, 1973 (in short the ‘Code’).  The parties were married on

20.1.2006 at Surajkund, Haryana. It appears that there were some irreconcilable

differences between the parties and despite concerted and serious efforts the

parties were not able to resolve their disputes and were living separately since

10.10.2007.  It appears that after the transfer petitions were filed before this

Court,  learned  counsel  for  the  parties  made  efforts  to  bring  about  a

comprehensive settlement of the disputes relating to the matrimonial discord.

The  Mediation  Centre  of  the  Delhi  High  Court  also  played  a  vital  role  in

arriving at a settlement.  The details of the litigations between the parties are as

follows:

(i) The petitioner has filed a case/petition under Section 13

(1)(ia) read with Section (iii) of the Hindu Marriage Act, 1955

titled  Aviral Bhatla v.  Bhawna Bhatla  bearing case No.48/07

which is  pending in the court  of Mr. Ashok Bhardwaj,  ASG

Gurgaon, Haryana.

(ii)  Respondent  has  filed  a  case  under  The  Protection  of

Women from Domestic  Violence  Act,  2005 being  complaint

case no. 3086/1/2007 dated 03.11.07, under section 12 of the

Domestic Violence Act, which is pending in the court of Ms.

Veena  Rani  Metropolitan  Magistrate  at  Patiala  House,  New

Delhi.

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(iii) Respondent has filed a petition for restitution of conjugal

rights  under  section  9  of  the  Hindu  Marriage  Act,  1955  in

Gwalior bearing No. 501(a)/07 against the Petitioner pending

before Ms. Saroj Maheshwari Jain, Chief Judge, Family Court,

Gwalior.  The  said  proceedings  have  been  stayed  by  this

Hon’ble Court in the Transfer Petition No. 1052/2008.

(iv) Respondent has filed a petition u/s 125 Criminal Procedure

Code, 1973 being case No.435 of 2007 titled as Bhavna Bhatla

v.  Aviral Bhatla, pending before Ms. Saroj Maheshwari Jain,

Chief Judge, Family Court, Gwalior(MP). The Petitioner  has

filed a transfer petition for the transfer of this matter bearing

Transfer Petition No. 431/2008 and such proceeding has been

stayed by this  Court in the Transfer Petition No. 431/2008.

(v)  Respondent  has  filed  an  FIR bearing  No.  68/2007  dated

26.11.2007, against  Petitioner and his  family members under

Section 406 r/w 34 and 498A of the IPC read with section 4 of

Dowry  Prohibition  Act  which  is  pending  investigation  in

Mahila Police Station Padav, Gwalior.

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(vi) That petitioner’s father has filed a case bearing Case No.

18664/1/08 titled as MK Bhatla V. Chitvan Sharma & ors. u/s

420, 465 468, 471 and 120B pending before the Court of Mr.

Sudesh Kumar MM Patiala House, New Delhi.

(vii) The Petitioner has filed two Transfer Petitions bearing TP

(C) no. 1052 of 2008 and TP (Cr1) No.431 of 2008 before this

Court  inter  alia  praying  transfer  of  the  petition  u/s  9  of  the

Hindu  Marriage  Act,  1955  filed  by the  Respondent  pending

before the Chief Judge, Family Court at Gwalior and transfer of

proceedings under section 125 Criminal Procedure Code, 1973

filed by Respondent  pending before the Chief  Judge,  Family

Court at Gwalior (MP).

The agreed terms of settlement are as follows:

“That the Petitioner agrees and undertakes that he shall pay an

amount of Rs.12 lacs (Rupees Twelve Lacs) to Respondent in

the form of a Pay Order in favour of Ms. Bhavna Bhatla, at the

time of making of statements/grant of divorce/quashing of all

the criminal and civil proceedings as a full and final settlement

of  all  her  claims.  Further  more  the  petitioner  agrees  and

undertakes to hand over all the household articles as mentioned

in settlement agreement dated 14. 11.08 before Ld. Mediator of

High Court of Delhi in the presence of both the parties, which

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are lying at House no. E-8/10, 3rd Floor, Malviya Nagar, New

Delhi,  within 7 days from the date of  signing of  the present

petition, the same will be collected by the respondent  and the

expenses for the transportation will be borne by her.

The respondent agrees and undertakes that after the receipt of

Rs.12 lacs, she and/or any of her family member will have no

claim  on  account  of  alimony  (past,  present  and  future),

maintenance, dowry, stridhan or will  have no right of claim on

any  of  the  property  movable  or  immovable,  self  acquired,

ancestral, joint or HUF of the petitioner or his parents, or his

family for  any past,  present  or  future  claims which  have  all

been settled in terms of the present Consent Terms. Similarly,

petitioner  and  his  family  members  will  also  have  no  claim

against the respondent and her family members.  

That  both  the  parties  agree  and  undertake  that  all  the

cases/complaints in any forum or court which have been filed

by  the  parties  and  their  family  members  against  each  other

including the ones listed above will be treated as compromised

and settled  in  terms of  the present  application of  divorce by

mutual consent under Article 142 of the Constitution of India

and this Court may also pass order  for quashing of Criminal

proceedings as mentioned above.”   

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2. In  view  of  the  factual  situation  and  the  settlement  arrived  at  by  the

parties we direct that a decree of divorce by mutual consent be passed. All the

proceedings  referred  to  above  which  are  pending  shall  stand  quashed.  We

record our appreciation for the effective manner in which the Mediation Centre

of Delhi High Court helped the parties to arrive at a settlement.  

3. The transfer petitions are accordingly disposed of.  

………………………………….J. (Dr. ARIJIT PASAYAT)

………………………………….J. (ASOK KUMAR GANGULY)

New Delhi, February 18, 2009

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