IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION [CIVIL] NO.944 OF 2008

Kavita Yadav      ...Petitioner(s)

Versus

Rahul Yadav      ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

The parties have jointly filed settlement agreement dated 5.12.2008, perusal

of  which  shows  that  they  have  agreed  to  suffer  mutual  consent  divorce  decree.

Paragraph 5 of the settlement agreement reads thus:

“The  following  settlement  has  been  arrived  at  between  the Parties hereto:

a)  It has been agreed between the parties that they will dissolve their  marriage  through  mutual  consent.   The  parties  have agreed that the petition being matrimonial suit No. 1303 of 2008 filed by Sh.Rahul Yadav for divorce at District Court, Alipore, Kolkata be transferred to Karnal so as to convert the same into a petition for divorce by mutual consent.

b)  It has been agreed between the parties that Sh.Rahul Yadav shall pay a sum of Rs.6,00,000/- (Rupees Six Lac Only) in the court in full   and final satisfaction of all claims, maintenance, Istridhan,  alimony  etc.  to  Smt.  Kavita  Yadav  on  or  before 28.02.09 and accordingly the petition U/s. 125 Cr.P.C. filed by Ms. Kavita Yadav against Sh.  Rahul Yadav before the CJM, Karnal shall also be withdrawn.

....2/-

- 2 -

c)   It  is  further  agreed  between  the  parties  that  on  Rahul Yadav’s paying the aforesaid amount to Smt. Kavita Yadav a joint petition for quashing the FIR No. 335 dated 31.07.08 shall be  filed  U/s.482  Cr.P.C.  before  Hon’ble  High  Court  at Chandigarh  and  Smt.  Kavita  Yadav  shall  be  giving  her  full cooperation in quashing the said FIR.”

In terms of the first part of para 5.b) of the settlement agreement, learned

counsel appearing on behalf of the respondent-husband has handed over in the Court

a demand draft drawn in favour of the wife for a sum of rupees six lakhs by way of

permanent alimony, to learned counsel appearing on behalf of the petitioner-wife.

In view of the above, Matrimonial Suit No. 1303 of 2008, titled as  Rahul

Yadav  vs. Kavita yadav, pending in the Court of District Judge, Alipore, Kolkata,

within the State of West Bengal, is transferred to this Court and the same is disposed

of on the terms enumerated in the settlement agreement and mutual consent divorce

decree is granted.

The prosecution of the accused persons including the respondent-husband

in the case arising out of F.I.R. No. 335 dated 31st July, 2008, which is pending in the

Court of Chief Judicial Magistrate, Karnal, within the State of Haryana, is hereby

quashed.

Case  No.  109/2/2008  filed  under  Section  125  of  the  Code  of  Criminal

Procedure, pending in the Court of Additional Civil Judge (Senior Division), Karnal,

within the State of Haryana, shall stand withdrawn.

Transfer Petition is, accordingly, disposed of.  

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

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

New Delhi, March 16, 2009.