Holding

The Supreme Court allowed the parties' settlement, disposed of the transfer petition, and directed that the joint petition under Section 13(8) be filed in Delhi.

Summary

The wife filed a transfer petition in the Supreme Court seeking to move a divorce suit under Section 13(1)(a) of the Hindu Marriage Act, pending in Delhi, to a court in Nagpur. The parties subsequently reached a settlement wherein they agreed to file a joint petition under Section 13(8) for divorce by mutual consent in Delhi, with the husband paying Rs.7,00,000 to the wife in two installments, and arrangements concerning child custody, visitation, property rights, and other personal belongings were detailed. The Supreme Court, after noting the settlement and the parties' consent, disposed of the transfer petition in accordance with the agreement, directing the parties to file the joint petition as agreed. The Court also ordered that the necessary orders be passed by the concerned court when the parties file the joint petition. The disposition reflects the Court's willingness to honor settlements that resolve matrimonial disputes without further litigation.

Issues considered

What is the appropriate jurisdiction for the divorce proceedings under the Hindu Marriage Act?
Can a transfer petition be disposed of based on a settlement between the parties?
Do the terms of the settlement, including payment and custody arrangements, satisfy the requirements of Sections 13(1)(a), 13(8) and 138 of the Hindu Marriage Act?

Legislation cited

Hindu Marriage Act, 1955s. 13(1)(a), s. 13(8), s. 138

Subjects

divorcetransfer petitionmutual consentsettlementHindu Marriage Actmaintenancejurisdictionfamily law

Judgment

[2009] 6 S.C.R. 1020

A MITALI
v.
DABABRATA
(Transfer Petition (C) No.624 of 2008)
APRIL 24, 2009
B
[DR. ARIJIT PASAYAT AND ASOK KUMAR
GANGULY, JJ.]
+-·
Transfer Petition - Matrimonial case filed by husband in
c Delhi seeking divorce u/s.13(1)(a) of the Hindu Marriage Act
- Wife filed transfer petition in Supreme Court seeking
transfer of the case to Nagpur- Settlement arrived at between
the parties - Parties agree to file joint petition uls. 138 of the
Hindu Marriage Act for divorce on ground of mutual consent
D at Delhi - Transfer petition disposed of in terms of the ...
.~
settlement- Hindu Marriage Act, 1955 - s.13(1)(a) and 138.
I CIVIL ORIGINAL JURISDICTION : Transfer Petition Civil
No. 624 of 2008.

E Amlan Kumar Ghosh for the Petitioner.

Indra Sawhney, Aman Usman for the Respondent.

The Judgment of the Court was delivered by ., .
t
F 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
G Jurisdic:ion 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.
H 1020
MITAL! v. DABABRATA [DR. ARIJIT PASAYAT, J.] 1021

·""'t
Mohit Gupta, Advocates would act as Amicus Curiae in the A
- 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. B

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 (8) of the Act praying c
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 D
"' ~ 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. E
(c) It has also been agreed between the part~s that
the said amount of Rs.7,00,000/- (Rupees Seven
Jo ,,-
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/- F
(Rupees Three lakhs only) at the time of signing the
petition for the first motion U/s 13 (8) 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 (8) of the Act, shall G
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
H
1022 SUPREME COURT REPORTS [2009] 6 S.C.R.

A 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-
B Debabrata can meet Master Tushar at Delhi. It is
agreed between the parties that 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
c 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
D 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
E 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 ~
F 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 I take possession all
the articles lying in the said almirah. Husband· also ,.
G 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 (h) It is further agreed between the parties that the
MITALI v. DA8A8RATA [DR. ARIJIT PASAYAT, J.] 1023

husband would withdraw his divorce petition filed A
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.
8
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.

8.8.8. Transfer Petition disposed of. C

• •