[2009] 3 S.C.R. 886

ALOK MISHRA

GARIMA MISHRA (Transfer Petition (Civil) No.445 of 2008)

FEBRUARY 27, 2009

[DR. ARIJIT PASAYAT, D.K. JAIN AND DR.

MUKUNDAKAM SHARMA, JJ.]

MA TR/MON/AL LAW:

Dissolution of marriage - Parties entering into agreement before Lok Ada/at - HELD: In view of the settlement between the parties, the marriage stands dissolved

- Lok Ada/at.

During the pendency of the transfer petitions arising out of the matrimonial dispute, the parties, with the efforts of the mediators of the Delhi High Court Mediation and Conciliation Centre, arrived at a settlement before the Supreme Court Lok Adalat.

Disposing of the transfer petitions, the Court

HELD: The settlement which appears to be in the interest of the parties is accepted. It is accepted that the requisite steps to give effect to the settlement have been taken. In view of the settlement, the marriage between the parties stands dissolved by virtue of this order. [Para 2]

[889-H; 890-A-B]

CIVIL APPELLATE JURISDICTION : Transfer Petition (Civil) No.445 of 2008.

Anupam Lal Das and Arpit Gupta for the Appellant.

Umesh Babu Chaurasia, C.P. Singh, M.P Singh and

ALOK MISHRA v. GARIMA MISHRA 887 ,,,.

; Rameshwar Prasad Goyal for the Respondent.

A ...

The Judgment of the Court was delivered by

DR. ARIJIT PASAYAT, J. 1. These transfer petitions were listed in the Supreme Court Lok Adalat held on 7th February, B

2009. With the efforts of the mediators of the Delhi High Court Mediation and Conciliation Centre, the parties had arrived at a settlement which reads as follows:

"This SETTLEMENT AGREEMENT is entered into on 6th day of February, 2009 between: c

Shri Alok Mishra (Husband), Son of late Shri Jaiprakash Mishra, C/o Mr. Adrash Mishra, Rio A-10, LG Housing Society, Sector Pie, Greater Noida, Dist. Gautam Budh • Nagar, Uttar Pradesh and Smt. Garima Mishra (Wife), W/ o Shri Alok Mishra, R/o HIGO - 6, Dhanwantri Nagar, D

Jabalpur, Madhya Pradesh.

WHEREAS:

Disputes and differences had arisen between the E Parties hereto leading to filing of Transfer Petition (Civil) No.870/2007 and Transfer Petition (Civil) No.445/2008 before the Hon'ble Supreme Court of India.

The matter was referred to Mediation and F

Conciliation Centre Delhi High Court for exploring the possibilities of settlement between the parties.

The parties agreed that Ms. Kamlesh Mahajan and Mr. lnderbir Singh Alag, Advocates would act as G their Conciliators/Mediators in the matter of Mediation and Conciliation proceedings.

The parties pursuant to discussions, deliberations

and negotiations held with the assistance and help H

of the Mediators have resolved their disputes/ differences and have agreed to dissolve their marriage on the following terms and conditions:

(i) The husband, namely, Alok Mishra would pay a total sum of Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand only) to the wife, namely, Garima Mishra as full and final settlement towards the rights of the wife towards alimony, maintenance, etc. which the wife accepts for a full and final settlement of her rights towards the alimony, maintenance, etc. in the following manner:

(a) Rs.3,00,000/- by way of cheque dated 7.2.2009;

(b) Rs.2,75.000/- by way of a post-dated cheque dated 22.2.2009; and

(c) Balance amount of Rs.2,75,000/- by way of post-dated cheque dated 7.3.2009.

(ii) The husband assures that the said cheques would be good on presentation, would have sufficient funds in the accounts for honouring all the above cheques.

The husband would return the following items and other miscellaneous items to the wife on 7.2.2009 at the Hon'ble Supreme Court:

From mother's side to the wife

(i) Necklace

(ii) Teeka

(iii) Paya I

ALOK MISHRA v. GARIMA MISHRA 889 -

[DR. ARIJIT PASAYAT, J.]

f (iv) Bichiya A

(v) Chain

(vi) Locked suitcase (with sarees inside)

Gifted to the Husband B

(i) Chain

(ii) Two rings

(iii) Watch c

(iv) Silver coins

That on the above terms and conditions, the parties have resolved their disputes and would request the D Hon'ble Supreme Court of India to pass necessary orders/decree for dissolving the marriage between the parties.

That both the parties will withdraw proceedings, if any, civil or criminal, instituted by them against each E other.

By signing the Agreement the parties hereto state that they have no further claims or demands against each other and all the disputes and differences in F this regard have been amicably settled by the Parties hereto through the process of Conciliation/ Mediation.

That the parties undertake to the Hon'ble Court to abide by the terms and conditions set out in the G agreement and not to dispute the same hereinafter in future."

2. We accept the settlement which appears to be in the interest of the parties. It is accepted that the requisite steps to H

A give effect to the settlement have been taken. In view of the

settlement the marriage between the parties stands dissolved by virtue of this order. It appears that certain cheques have been deposited by the petitioner with the Registry of this Court.

They shall be handed over to the Member-Secretary, NALSA, s to be further handed over to the respondent.

3. We record our appreciation for the commendable efforts made by learned Mediators of the Delhi High Court Mediation and Conciliation Centre who acted as amicus curiae.

4. Transfer petitions are accordingly disposed of.

R.P.

Transfer petitions disposed of.