Supreme Court – Daily Orders
Aman Bhagat vs Dr. Ankita Jaiswal on 16 January, 2025
Bench: Sudhanshu Dhulia, Prashant Kumar Mishra
1
IN THE SUPREME COURT OF INDIA
CIVIL/CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (S) (C) NO. 1574/2024
AMAN BHAGAT Petitioner(s)
VERSUS
DR. ANKITA JAISWAL Respondent(s)
WITH
TRANSFER PETITION (CRL.) NO. 542 OF 2024
WITH
TRANSFER PETITION (CRL.) NO. 1069 OF 2024
ORDER
The marriage between the petitioner and the respondent was
solemnized on 09.02.2023. But they remained as husband and
wife for barely 15 days, as their relationship got strained and
since then they have been living separately. Subsequently, the
respondent – wife filed a Divorce Petition being C.S. No. 276A of
2024 and maintenance case, being M.J.C. No. 342 of 2024
Signature Not Verified
Digitally signed by
before the Family Court at Bilaspur, Chhatisgarh. By now
Jayant Kumar Arora
Date: 2025.01.22
17:35:47 IST
Reason:
multiple cases have been filed between the parties.
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During the course of hearing, efforts were made to bring
about a mutual settlement and vide order dated 22.07.2024,
with the consent of the parties, the matter was referred to the
Supreme Court Mediation Centre for an amicable settlement of
the disputes. By virtue of the mediation and the efforts of both
the parties, the settlement has been arrived at between the
parties.
The parties were sent to Ld. Registrar II (Judl. Admn.) for
recording of statements in view of the settlement and Ld.
Registrar was asked to prepare a report after going through the
terms of the settlement agreement. Consequently, the Ld.
Registrar has filed a Report stating that he had interacted with
the parties and there is no chance of them living together.
Therefore, now parties have filed a joint application for Divorce
by mutual consent under Article 142 of the Constitution of
India. The statement of parties before the Ld. Registrar and
terms of the Settlement Agreement dated 04.12.2024 are
reproduced as under :
“STATEMENT OF THE PARTIES
This Hon’ble Court vide order dated 10th January,
2025, has directed us, the parties to the aforesaid
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transfer petitions, to appear before the concerned
Registrar (Judicial) on 15th January, 2025, at 11.00 a.m.
for interaction, recording of statement in view of the
Settlement Agreement and to confirm that the parties
are agreeable to the settlement. The order further
directed that the concerned Registrar (Judicial) shall go
through the terms of the Settlement Agreement and
prepare a Report to be placed before the Hon’ble Court.
These transfer petitions will be listed on 16 th January,
2025, and we have been directed to appear in-person on
the said date.
In compliance with the order dated 10th January,
2025, we, Aman Bhagat (petitioner), Ankita Jaiswal
(respondent) along with our respective Advocates on-
record appeared before the Registrar-II (Judl. Admn.)
on the stipulated date and time for the purpose of
interaction and recording this statement.
JOINT STATEMENT OF
Aman Bhagat S/o Dr. Bipin Kumar Bhagat, R/o House
No.15, Dwarika Vihar, Kanke Block Chowk, Kanke,
District Ranchi, Jharkhand – 834006.
AND
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Dr. Ankita Jaiswal, W/o Mr. Aman Bhagat, R/o Main
Road, High Schook Chowk, Ratanpur Police Station,
Ratanpur Tehsil, Ratanpur District, Bilaspur,
Chhattisgarh.
We, the parties herein, submit that the marriage
between us, was solemnized as per Hindu rites and
customs on 9th February, 2023, at Ranchi, Jharkhand.
On account of incompatibility and temperamental
differences, the parties herein are living separately since
23rd March, 2023. There is no child born out of
wedlock. Due to differences and dispute, following
cases have been filed, which are subject-matter of these
transfer petitions :
(1) C.S. No.276A of 2024 under Section 13(1A) of the
Hindu Marriage Act, 1955, filed by Ankita Jaiswal,
which is pending before the Principal Judge, Family
Court, Bilaspur, Chhattisgarh.
(2) M.J.C. No.342 of 2024 under Section 125 of the
Code of Criminal Procedure, 1973, filed by Ankita
Jaiswal, which is pending before the Principal Judge,
Family Court, Bilaspur, Chhattisgarh.
(3) Case No.5 of 2024 under Section 12 of the
Protection of Women from Domestic Violence Act,
2005, filed by Ankita Jaiswal, which is pending before
the IInd Civil Judicial Class-II, Kota, Bilaspur,
Chhattisgarh.
Apart from the abovesaid cases, the following
cases/complaint are also pending between the parties:
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(i) F.I.R. No.264/2024, P.S. Kanke, Ranchi,
Jharkhand, under Sections 385/387/323/504/506 read
with Section 120(B) of the Indian Penal Code, 1860, by
Ms. Sapna Choudhary, mother of Aman Bhagat against
Ankita Jaiswal, her parents and relatives.
(ii) Complaint Case No.19741/2024 under Sections
307/323/325/352/384/406/417/500/504/506 read with
Section 120(B)/34 I.P.C. and Section 25(1-B) of the
Arms Act, filed by Ms. Sapna Choudhary, mother of
Aman Bhagat against Ankita Jaiswal, her parents and
relatives, which is pending in the Court of Chief
Judicial Magistrate, Jharkhand.
(iii) D.V. Case No.17592/2024 under Sections 12 and
43 of the Domestic Violence Act, 2005, filed by Ms.
Sapna Choudhary, mother of Aman Bhagat against
Ankita Jaiswal, her parents and relatives, which is
pending in the Court of Chief Judicial Magistrate,
Jharkhand.
Case No.284 of 2024 under Section 9 of the Hindu
Marriage Act was filed by Aman Bhagat in the Court of
the Principal Judge, Family Court, Ranchi, Jharkhand,
and the said case was dismissed on 29th August, 2024.
No appeal has been filed against the order of dismissal.
As stated above, one of us (Aman Bhagat) has
filed the aforesaid three transfer petitions seeking
transfer of the cases, as mentioned therein. This
Hon’ble Court, on 22nd July, 2024, referred the matter to
the Supreme Court Mediation Centre. After various
mediation sessions, on 4th December, 2024, we have
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arrived at an amicable settlement and entered into the
present Settlement Agreement at the Supreme Court
Mediation Centre, which has been duly signed by us in
the presence of our respective Advocates. We, the
parties, have agreed that, to put an end to the
matrimonial bond and the litigation between us, as full
and final settlement, an amount of Rs.4,00,000/-
(Rupees four lakhs only) will be paid by the petitioner
(Aman Bhagat) to the respondent (Ankita Jaiswal) and
the respondent (Ankita Jaiswal) undertake not to claim
in any manner permanent alimony, maintenance
(present, past and future) from the petitioner (Aman
Bhagat). The terms and conditions for dissolution of
marriage by mutual consent have been recorded in the
Settlement Agreement dated 4th December, 2024,
arrived between us, the parties herein, which read thus:
“I. It has been agreed between the parties that both
the parties will have divorce by mutual consent and will
co-operate in completion of all the legal and other court
formalities.
II. First Party/Husband has returned all the gifts and
Istridhan of the Second Party/Wife on 31.03.2024 at
Bilaspur, Chhattisgarh. A list of return of the goods by
First Party/Husband to Second Party/Wife duly
witnessed by one Awadhesh Kumar Jaiswal and Tekpal
Singh from Ratanpur was endorsed by the Second
Party/wife. The Second Party/wife also does not have
any belonging of First Party/Husband.
III. It is also agreed between the parties that joint
7application shall be filed by the parties before the
Hon’ble Supreme Court after signing of this Settlement
Agreement.
IV. It has been settled between the parties that the
First party/Husband shall pay above mentioned, settled
amount i.e. total sum of Rs.4,00,000/- (Rs. Four Lakhs
Only). The amount is full and final settlement for the
consideration of the marriage as well as past, present
and future claim whatsoever.
V. It has also been settled between the parties that the
above referred total amount of Rs.4,00,000/- (Four
Lakhs only) will be paid through RTGS before the
hearing of the Joint Application for Mutual Consent
Divorce before the Hon’ble Supreme Court as FULL
AND FINAL SETTLEMENT.
VI. It has also been agreed between the parties that
both the parties will withdraw the cases filed by them in
different Courts preferably before the filing of the Joint
Petition for Divorce or on the next date of hearing fixed
before the respective court at Bilaspur and Ranchi and
will intimate this Hon’ble Court.
VII. It has also been agreed between the parties that
this settlement is full and final. Although there is no
case or complaint pending, except the above, but still
both parties undertake to withdraw all the cases against
each other.
VIII. That it is specifically agreed that henceforth, both
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the parties shall be left with “NO CLAIM” whatsoever
against each other as well against their relatives,
parents, assignees, representatives, or attorney etc. upon
signing of the present SETTLEMENT AGREEMENT.
IX. That all the Parties undertake not to make any
libelous or slanderous statement or impute any
defamatory act/remark against each other before society
or relatives and friends of each other.
X. It has been agreed between the parties that both
the parties will be free to lead their life and will not
interfere with or contact each other in any manner
whatsoever.
XI. This settlement has been voluntarily arrived at
between the parties with their own free will and without
any force, pressure or coercion and both the parties will
remain bound on the terms and conditions herein above.
The contents of the settlement have been explained to
the parties both in English as well as in vernacular and
they have understood the same and have admitted the
same to be correct.
XII. That it is also agreed that there shall remain no
case/claim/dispute due between the parties after
compliance of the terms of the present settlement and
that none of the parties shall file any civil or criminal
proceedings against each other in future and that if any
other case/petition/complaint etc. between the parties,
parties parents or relatives is pending in any court or
Authority either against the parties or against their
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respective family both members / relatives and the same
shall be withdrawn forthwith. Furthermore, the Second
Party/Wife have agreed not to file any claim against the
First Party/Husband or his parents and relatives
presently or in future. Moreover, the First and Second
Party further undertake not to claim any amount on any
account from any of the relations of the parties in
connection with any matter concerned with the said
marriage in any manner whatsoever.”
We, the parties herein, in the Settlement
Agreement dated 4th December, 2024, have further
stated that, after fulfilling all the stipulations mentioned
above, we will have no further claims or demands
against each other, except as mentioned hereinabove,
and all the disputes and differences have been amicably
settled by us. In case, either of us withdraw from the
terms and conditions of the Settlement Agreement, then
the other party shall have the right to take appropriate
action/steps against the other/opposite party before the
appropriate court of law after signing of the Settlement
Agreement dated 4th December, 2024. We have arrived
at the settlement and have signed the Settlement
Agreement dated 4th December, 2024, and the said
Agreement shall be irrevocable and binding upon us.
The Settlement Agreement dated 4th December, 2024,
has been signed without any force, coercion and/or
undue influence.
We further state that we have filed joint
application seeking decree of divorce in terms of the
10
Settlement Agreement dated 4th December, 2024, under
Article 142 of the Constitution of India and to quash all
other pending cases between the parties, as mentioned
in the Settlement Agreement dated 4th December, 2024.
We pray to the Hon’ble Supreme Court that the
joint application filed by us be allowed and the decree
of divorce by mutual consent be granted and the
marriage between us be dissolved in terms of the
Settlement Agreement dated 4th December, 2024, as we
have compromised the matter out of our own free will,
consent and without any force, coercion or pressure.
In terms of the Settlement Agreement, the
petitioner (Aman Bhagat) has paid the amount of
Rs.4,00,000/- (Rupees four lakhs only), through RTGS,
to the respondent (Ankita Jaiswal) towards full and final
settlement of all her claims. The said amount has been
received and acknowledged by the respondent (Ankita
Jaiswal). Copy of the Banks’ receipt has been
submitted by Aman Bhagat in this regard and the said
copy has also been annexed by Ankita Bhagat. The said
document is annexed to the Affidavits filed by us.
We, the parties herein, have filed our individual
affidavits dated 15th January, 2025, iterating that we
have amicably settled the disputes and have signed the
Settlement Agreement dated 4th December, 2024, and
the settlement amount of Rs.4,00,000/- (Rupees four
lakhs only) has been paid by the petitioner-husband
(Aman Bhagat) to respondent-wife (Ankita Jaiswal),
which amount has been received by the respondent-wife
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(Ankita Jaiswal), which amount has been received by
the respondent – wife (Ankita Jaiswal). One of us
(Ankita Jaiswal) submits that all the pending cases
whether specifically mentioned or nor arising out of the
present matrimonial dispute herein shall be withdrawn
after first motion within one month by me and
respondent. Both the affidavits have been annexed
hereto as Annexures `A’ and `B’.
We, the parties herein, unequivocally submit and
undertake that we bind ourselves to, and shall abide by,
the terms and conditions of the Settlement Agreement
dated 4th December, 2024.”
This settlement is now a part of this order. It is
informed to this Court that the husband has already
paid an amount of Rs.4,00,000/ (Rupees Four
Lakhs) to the wife towards full and final settlement, as
per the Settlement Agreement.
The relationship between the petitioner and the
respondent has broken down irretrievably and there
is no chance of the two living together. There is no
child of the couple from the wedlock. Under these
circumstances and in terms of the Settlement
Agreement dated 04.12.2024, duly signed by the
parties, we grant the Decree of Divorce by mutual
12
consent in exercise of our powers under Article 142 of
the Constitution of India. Consequently, the marriage
between the petitioner – Aman Bhagat and the
respondent – Ankita Jaiswal stands dissolved by
Decree of Divorce by mutual consent. The net
outcome of the above is that the parties are at liberty
to live their life separately as per their own free will.
The Registry shall prepare a Decree of Divorce in
terms of this order and the Settlement Agreement
shall form part of the order.
Since the Decree of Divorce is granted by mutual
consent of both the parties in exercise of our
jurisdiction under Article 142 of the Constitution of
India, the following cases pending between the parties
are hereby quashed/disposed of :
1) Divorce Petition under Section 13(1A) of the Hindu
Marriage Act, 1955 being HMA C. S. No. 276A of 2024
pending in the court of Principal Judge, Family Court
at Bilaspur, Chhattisgarh.
13
2) Maintenance Application under Section 125 Cr.
P.C. being M.J.C. No. 342 of 2024 pending in the
court of Principal Judge, Family Court at Bilaspur,
Chhatisgarh.
3) Domestic Violence Case under Section 12 of the
Domestic Violence Act being Case No. 5 of 2024
pending in the Court of II Civil Judicial ClassII, Kota,
Bilaspur, Chhatisgarh.
4) FIR No. 264/24 registered at Kanke Thana,
Ranchi, Jharkhand under Sections
385/387/323/504/506 read with Section 120B of the
Indian Penal Code.
5) Complaint Case No. 19741/2024 pending in the
court of CJM, Ranchi, Jharkhand under Sections
307/323/325/352/384/406/417/500/504/506 read
with Section 120B/34 IPC & Section 25(1B) of the
Arms Act.
6) DV Case No. 17592/2024 pending in the court of
CJM, Ranchi, Jharkhand under Section 12 and 43 of
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the Domestic Violence Act, 2005.
The parties shall abide by the terms of the
settlement, which they have agreed to before the
Supreme Court Mediation Centre and before us
during the course of hearing.
In view of above, the Transfer Petitions are disposed
of.
Pending interlocutory application(s), if any, is/are
disposed of.
………..…………………….J.
[SUDHANSHU DHULIA]
………………………………J.
[PRASHANT KUMAR MISHRA]
NEW DELHI;
JANUARY 16, 2025.
15
ITEM NO.14 COURT NO.13 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). 1574/2024
AMAN BHAGAT Petitioner(s)
VERSUS
DR. ANKITA JAISWAL Respondent(s)
IA No. 132041/2024 - EX-PARTE STAY
IA No. 132042/2024 – EXEMPTION FROM FILING O.T.
WITH
T.P.(Crl.) No. 542/2024 (II-C)
FOR ADMISSION
T.P.(Crl.) No. 1069/2024 (II-C)
FOR ADMISSION
Date : 16-01-2025 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SUDHANSHU DHULIA
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) :
Ms. Kumud Lata Das, AOR
Ms. Pooja Rathore, Adv.
Mr. Aman Anand, Adv.
Mr. Bibhuti Krishna, Adv.
Mr. Harsh Ajay Singh, Adv.
Mr. Sourabh Suman, Adv.
For Respondent(s) :
Mr. Sameer Shrivastava, AOR
Mrs. Priyanka Shrivastava, Adv.
Ms. Palak Mathur, Adv.
Ms. Yashika Varshney, Adv.
Mr. Prasanna Mohan, Adv.
UPON hearing the counsel the Court made the following
O R D E RThe Transfer Petitions are disposed of in terms of the signed
order.
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Pending interlocutory application(s), if any, is/are disposed
of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR)
ASST. REGISTRAR-CUM-PS ASSISTANT REGISTRARP.S. : The Report of the Ld. Registrar, along with Statement of
Parties and other annexures, is enclosed with this Record
of Proceeding and Signed Order.
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