SMT SEEMA BANSALversusDR. MAYANK BANSAL
- Citation
- 2008 INSC 1163
- Decided
- 16 October 2008
- Disposal
- Disposed off
- Bench
- ARIJIT PASAYAT
Holding
The Supreme Court disposed of the transfer petition on the terms of the settlement reached in Lok Adalat, thereby affirming that such agreements are binding and the pending cases may be withdrawn.
Summary
The Supreme Court, sitting as a Lok Adalat, facilitated a settlement between Seema Bansal and Mayank Bansal concerning their matrimonial dispute. The parties agreed that the father would pay Rs.10 lakh for the maintenance of their daughter in four instalments, keep the amount in a fixed deposit, and also pay a monthly sum of Rs.7,500 until the total is paid. The wife will forgo further alimony claims but will receive a 25% share in a specified immovable property, subject to verification. All pending civil and criminal proceedings, including a criminal complaint under Sections 406 and 498A IPC, were to be withdrawn. The father was granted visitation rights to the child on specified Sundays and on special occasions. On the basis of this settlement, the Court disposed of the transfer petition and closed the proceedings.
Issues considered
- Can a matrimonial dispute be settled through a Supreme Court Lok Adalat and result in the disposal of a transfer petition?
- Are the agreed maintenance, property share, and monthly payment arrangements enforceable under law?
- Is it permissible to withdraw pending civil and criminal cases upon settlement of the matrimonial dispute?
- What are the parameters of visitation rights granted to the father under the settlement?
Subjects
Judgment
[2008) 14 S.C.R. 522
A SMT SEEMA BANSAL
V.
.r
DR. MAYANK BANSAL
(Transfer Petition (Civil) No. 683 of 2007)
OCTOBER 16, 2008
B
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
SHARMA, JJ] ~~
Settlement/Compromise - Transfer Petition - Matrimo-
c nial disputes, before Supreme Court Lok Ada/at - Settlement
of - With help of mediator parties arrived at certain terms for
settlement as regards grant of maintenance to daughter by
father and its mode of payment, share of wife in the immov-
able property and visitation rights to father - Criminal/civil
cases pending before various courts withdrawn - In terms
D
thereof, transfer petition disposed of
CIVIL ORIGINAL JURISDICTION: Transfer Petition (C) No.
683 of 2007
Kaja I Chandra and Sanjeev Anand for the Appellant.
E
Ashok Mathur for the Respondent.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Though the present transfer
F petition has be.en filed for transfer of a case from Lalitpur to
Delhi, the matter was directed to be listed at the Supreme Court ~
Lok Ada lat which was held on 6th September, 2008, to explore
the possibility of bringing out a solution to the marital discords.
With the assistance of the Mediators, the parties were heard
G and following terms for settling the disputes were arrived at:
1. Th.at the respondent shall pay a sum of Rs.10 lacs
towards maintenance of the daughter (Tanishka). The \-
said sum will be payable in annul instalment of Rs.2.5
H 522
SMT SEEMA BANSAL v. DR. MAYANK BANSAL 523
[DR. ARIJIT PASAYAT, J.]
lacs each payable on or before 31st August. The first A
instalment to be paid on or before 31.8.2009. The
fourth and last instalment shall be paid on or bE;!fore
31.8.2012.
2. The above amount shall be kept in a fixed deposit in
the name of Ms. Taniksha. B
-" 3. (a) Till such amount of Rs.10 lacs is paid, the
respondent shall pay a monthly sum of Rs. 7500/
- (Rupees seven thousand five hundred only)
by the end of each month commencing from c
September, 2008.
(b) That the petitioner will not be claiming any sums
towards alimony and/or maintenance except
that she will be entitled to her share of 25% in
the immoveable property bearing No.1301, Jaj D
Bagh, Manja Pachora, Opposite Gate No.2,
Medical College, Jhani.
4. The parties hereby agree to withdraw all the civil/
criminal cases pending in the concerned court which
are mentioned below: E
(1) 0.S. No.161 of 2007 (Dr. Mayank Bansal
pending before Ld. Civil Judge, Ms. Seema,
Senior Division, Lalitpur, U.P.)
(2) Criminal Complaint arising from FIR No.605 of F
2007 u/s 406, 498A IPC, PS Pandav Nagar,
Delhi.
(3) HMA No.7005/07 u/s 125 Cr.P.C. pending
before Ms. Neeraj Shatiya, Civil Judge,
G
Karkadooma, Delhi.
5. The Respondent will be entitled to visitation rights to
meet the daughter Tanishka on 2nd and 4th Sunday of
each month with prior notice by each party. The
Respondent will be entitled to take the child on an H
524 SUPREME COURT REPORTS [2008] 14 S.C.R. ..
A outing during such visits. The Respondent will drop ~-
the child back in such event.
•6. The Respondent will also be e;:ntitled to meet the
child on or other special occasions subject to
availability.
B
7. The petitioner submits that the particulars of the
immoveable property mentioned . above have not ,,..__
been verified by her and the same are subject to
verification.
c 2. In terms of the agreement at serial no.3 (a), a draft of
Rs. 7 ,500/- for the month of September, 2008, has been handed
over to learned counsel appearing for the petitioner in court to-
day.
>
3. In view of the aforesaid agreement the transfer petition
D
is disposed of on the terms as set out above. The proceedings
as noted above stand closed. .., ~,J.
N.J. Petition disposed of.
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