Supreme Court of India

R. MANJULAversusV. RAJA

Citation: 2009 INSC 47
Decided: 20 January 2009
Disposal: Disposed off
Bench: ARIJIT PASAYAT

Holding

The transfer petition is disposed of as the parties have settled the dispute and further continuation of the original suit is unnecessary.

Summary

The wife filed a transfer petition seeking to move a matrimonial suit (H.M.P. No. 289 of 2005) from the Civil Court in Nasik, Maharashtra, to the Family Court in Vellore, Tamil Nadu. The Supreme Court directed the parties to appear before the Vellore District Mediation Centre. After several mediation sessions, the parties submitted a joint compromise memo expressing their willingness to live together with their children in Vellore. The Mediation Centre reported that the parties were now cohabiting, and the counsel filed the same compromise memo. In view of this settlement, the Court held that continuation of the original suit was unnecessary and disposed of the transfer petition.

Issues considered

Whether a transfer petition should be entertained when the parties have settled the dispute through mediation.
Whether the original matrimonial proceeding can be closed upon a joint compromise and settlement.

Subjects

matrimonial disputetransfer petitionmediationjoint compromisefamily courtjurisdictionsettlement

Judgment

                                [2009) 1 S.C.R. 421

     l
                                   R. MANJULA                               A
..                                       v.
                                    V. RAJA
                    (Transfer Petition (C) No. 458 of 2007)
                               JANUARY 20, 2009
                                                                            B
                 [DR. ARIJIT PASAYAT AND ASOK KUMAR
                              GANGULY, JJ.]

              Matrimonial dispute - Transfer Petition - Wife seeking
         transfer of case from Nasik (Maharashtra) to Vellur c
         (Tamilnadu) - Parties directed to appear before Mediation
         Centre, Vellur - Thereafter filing a joint compromise memo
         that the parties willing to live together along with their children
         at Vellur - Proceedings closed - Transfer Petition disposed
     ~   of accordingly.                                                     D
             CIVIL ORIGINAL JURISDICTION : Transfer Petition (C) No.
         458 of 2007.

              B. Sridhar, for the Petitioner.
                                                                            E
             G. Sivabalamurugan, Y. Arunagiri and L.K. Pandey, for the
         Respondent.

             The Judgment of the Court was delivered by

               DR. ARIJIT PASAYAT, J. 1. This transfer petition has been F
         filed by the petitioner-wife seeking transfer of H.M.P. No.289
         of 2005 titled V. Raja v. R. Manjula pending in the Court of
         learned Civil Judge, Senior Division, Nasik, Maharashtra.
         Prayer is to transfer the case to Family Court at Vellur District,
         Tamil Nadu. During the pendency of the matter, a Bench of this G
         Court directed the parties to appear before the District
         Mediation Centre, Vellore to explore the possibility of setting
         the disputes. By report dated 4.11.2008 the Mediation Centre
         has reported as follows:
                                        421                                 H
     422          SUPREME COURT REPORTS                [2009) 1 S.C.R.


 A                "The parties have appeared and advises given.
            Parties given time to think and decide. Parties filed joint
            compromise memo. Joint compromise memo recorded.
            The Mediation Centre has successfully conducted enquiry
            as per the directions of Honourable Supreme court Legal
 B          Services Committee. Parties are now living together after
            compromise efforts.

                 This information submitted to Honourable Supreme
            Court Legal Services Committee."

 C      2. Learned counsel for the parties has also filed a joint
     compromise memo which reads as follows:

                'We both appeared before Vellore District Mediation
         Centre, Vellore (Tamil Nadu State) for five dates (i.e.) on
 D       17.10.2008, 31.10.2008, 7.11.2008 14.11.2008 and
         28.11.2008. We both were advised by Honourable
         committee Members. Sufficient time was granted to think
         and decide the issue. After consultation of our elders and
         as per benevolent advice of Mediation Centre we are
       · whole heartedly willing to live together along with our
 E
         children at our native village, Arcot, Vellore District in Tamil
         Nadu."

         3. In view of the aforesaid happy situation, nothing needs
    to be done in these proceedings except to direct that further
· F continuance of H.M.P. No.289 of 2005 is not necessary. The
    proceedings stand closed.

            4. The transfer petition is accordingly disposed of.

     G.N.                               Transfer petition disposed of.

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