Supreme Court – Daily Orders
Neha vs Arvind Verma on 18 December, 2024
Author: Surya Kant
Bench: Surya Kant
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No. 1059 of 2024
NEHA PETITIONER
VERSUS
ARVIND VERMA RESPONDENT
O R D E R
1. The petitioner-wife seeks transfer of HMP No.762/2019
(RCS HM No.762 of 2019) titled as ‘Arvind Kumar Verma vs. Neha
Verma’, filed by the respondent-husband under Section 3(1)(i-a) (i-
b) and 13 (1) (1A) of the Hindu Marriage Act, 1955, and which is
pending before the Family Court, Jabalpur, Madhya Pradesh. The
petitioner-wife seeks transfer thereof to the Family Court at
Nagpur, Maharashtra.
2. The marriage between the parties was solemnized on
21.02.2016. There is no child born from the wedlock. It further
appears that on account of matrimonial discord, the parties are
living separately since 29.01.2017.
3. When the matter came up for hearing on 04.10.2024, this
Signature Not Verified
Court was apprised of the fact that some settlement talks were
Digitally signed by
SATISH KUMAR YADAV
Date: 2024.12.24
13:14:44 IST
Reason:
going on between the parties. They were, accordingly, advised to
continue with such efforts.
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4. On 24.10.2024, the parties were formally referred to the
Supreme Court Mediation Centre to explore the possibility of an
amicable settlement. The respondent-husband was further directed
to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs) to the petitioner-
wife towards part payment of arrears of maintenance in order to
show his bona fide. Thereafter, on 13.11.2024, this Court was
informed that the matrimonial dispute had been amicably resolved
and terms and conditions had been broadly settled, which were,
however, required to be finalized. We were further informed that a
sum of Rs.50,000/- (Rupees Fifty Thousand) had already been paid by
the respondent-husband to the petitioner-wife as a part of the
agreed amount.
5. The parties have, now, jointly moved an application
invoking powers of this Court under Article 142 of the Constitution
seeking the following reliefs:
“(a) Dissolve the marriage between the Petitioner and
the Respondent on the ground of irretrievable
breakdown of marriage in exercise of powers under
Article 142 of the Constitution of India; and/or
(b) Pass necessary orders quashing/disposing of the
remaining criminal proceedings/cases pending between
the parties as mentioned in paragraph 3 of the
Settlement Agreement and enumerated hereinabove at
paragraph 10 of the present application.”
6. The application is duly supported with affidavits of the
parties. In addition, a copy of the Settlement Agreement dated
26.11.2024, duly signed by the parties, their learned counsel,
brother of the petitioner-wife and the learned Mediator, has been
placed on record. As per the Settlement Agreement, all the cases
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between the parties are to be disposed of/quashed. They have
agreed to dissolve their marriage by way of a decree of divorce by
mutual consent and the respondent-husband has agreed to pay a sum
of Rs.11,25,000/- (Rupees Eleven Lakh and Twenty Five Thousand)
towards full and final settlement of all the claims of the
petitioner towards permanent alimony.
7. Out of the agreed amount, the respondent-husband has
already paid Rs.8,50,000/- (Rupees Eight Lakhs and Fifty Thousand)
as per the details given in para 5(C) of the Settlement Agreement.
As regard to the balance amount of Rs.2,75,000/- (Rupees Two Lakh
and Seventy Five Thousand), the respondent-husband has given an
undertaking that the same shall be paid through RTGS/NEFT/Online
Transfer/DD in the account of the petitioner-wife on or before
17.01.2025.
8. Learned counsel for the respondent-husband, on
instructions, states at the Bar that the undertaking given in para
5(C), specifically in sub-para (iv), shall be complied with as per
the cut-off date.
9. In this view of the matter, and as suggested by the
counsel for the parties, more so in light of the fact that the
parties are living separately since 27.01.2017, they have amicably
resolved their matrimonial dispute, and the respondent-husband has
already paid a substantial part of the agreed amount of permanent
alimony, we are satisfied that it is a fit case to invoke our
powers under Article 142 of the Constitution and grant the
appropriate relief as prayed for by the parties in the joint
application.
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10. Consequently, (i) the marriage between the parties is
hereby dissolved by way of a decree of divorce by mutual consent,
subject to the compliance of para 5(C)(iv) of the Settlement
Agreement dated 26.11.2024; (ii) HMP No.762/2019, titled “Arvind
Kumar Verma vs. Neha Verma”, which is the Divorce Petition filed by
the respondent-husband before the Family Court, Jabalpur, Madhya
Pradesh, and of which transfer is sought, is hereby disposed of as
having become infructuous; (iii) Criminal Misc. Application No.
3288 of 2018, titled “Neha vs. Arvind Varma & Ors.”, which is a
complaint under Section 12 of the Protection of Women from Domestic
Violence Act, 2005, pending before the Judicial Magistrate, First
Class, Nagpur, Maharashtra, and all the proceedings arising
therefrom are hereby quashed. (iv) Criminal Writ Petition No. 240
of 2023, titled as “Arvind Banarasiram Seth Verma vs. Neha Arvind
Verma”, pending before the High Court of Judicature at Bombay,
Nagpur Bench, is hereby disposed of as having become infructuous.
11. The parties shall abide by the terms and conditions of
the Settlement Agreement dated 26.11.2024. The said Agreement
shall be read as a part of this order.
12. As measure of abundant precaution, it is clarified that
in the event of non-compliance or delay on the part of the
respondent-husband to comply with para 5(C)(iv) of the Settlement
Agreement dated 26.11.2024, the petitioner-wife shall be at liberty
to seek revival of all the proceedings, which have been disposed of
today through the instant order, without prejudice to the contempt
of court proceedings against the respondent-husband.
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13. The Transfer Petition stands disposed of in the above
terms.
14. As a result, the pending interlocutory application also
stands disposed of.
…………………….J.
(SURYA KANT)
…………..……………J.
(UJJAL BHUYAN)
NEW DELHI;
DECEMBER 18, 2024.
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ITEM NO.1 COURT NO.3 SECTION IV-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s).1059/2024
NEHA Petitioner(s)
VERSUS
ARVIND VERMA Respondent(s)
IA No. 92732/2024 – EX-PARTE STAY
Date : 18-12-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE UJJAL BHUYANFor Petitioner(s) Ms. Sakshi Banga, Adv.
Ms. Shivani Lal, Adv.
Ms. Sundri, Adv.
Mr. Parminder Singh Bhullar, AOR
For Respondent(s) Ms. Anuradha Mutatkar, AOR
Mrs. Anuradha Mutatkar, Adv.
Mr. Vivek Ram R, Adv.
UPON hearing the counsel the Court made the following
O R D E RThe Transfer Petition stands disposed of in terms of the
signed order.
As a result, the pending interlocutory application also
stands disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
ADDITIONAL REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)
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