Shruti Bhatia vs. Hitesh Arora

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 1982 OF 2021

SHRUTI BHATIA Petitioner(s)

VERSUS

Reason:

HITESH ARORA Respondent(s)

O R D E R

This Petition is filed by the petitioner-wife seeking transfer of divorce petition bearing H.M.A. Petition No.64 of 2021 titled as Hitesh Arora v. Shruti Bhatia pending before the District Judge, Chandigarh to the Principal Judge, Family Court, Karkardooma Courts, Shahdara District, New Delhi.

In order to explore the possibility of resolving the dispute between the parties, this Court vide order dated 03rd December, 2021 referred the matter to the Supreme Court Mediation Centre. Before the Supreme Court Mediation Centre, the petitionerwife and respondent -husband have amicably settled the matter. Digitally signed by Anita Malhotra Date: 2022.05.25 15:32:38 IST Signature Not Verified

Supreme Court Mediation Centre has sent the mediation report along with Settlement Agreement dated 14th February, 2022 to this Court, which is made part and parcel of this Order. A perusal of the Settlement Agreement dated 14th February, 2022 indicates that the parties have settled their dispute subject to the terms and conditions mentioned therein. As per the Settlement Agreement dated 14th February, 2022, the respondent -husband has to pay a sum of Rs.20,00,000/- (Rupees twenty lakhs) to the petitioner-wife in full and final settlement of the dispute. Both the parties have agreed to withdraw the cases filed by them against each other. They have jointly prayed for granting a decree of divorce by mutual consent.

In light of the above, we are of the considered view that it is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent in terms of the Settlement Agreement dated 14th February, 2022. Accordingly, a decree of divorce, by mutual consent, of the marriage dated 28th April, 2017 between the petitioner-wife and the respondent - husband is granted by invoking our jurisdiction under Article 142 of the Constitution.

2

Two Cheques of Punjab National Bank, DAV School, Sector - 8, Chandigarh-160008, bearing No. 563675 dated 30th March, 2022 and 563678 dated 05th April, 2022 amounting to Rs. 10,00,000/- (Rupees ten lakh) each, drawn in favour of petitioner-wife has been handed over to the learned counsel for the petitioner-wife in court today.

In view of the Settlement Agreement dated 14th February, 2022, the litigations pending between the parties, if any, shall also stand closed and the respective courts shall take note of this order and dispose of those proceedings accordingly.

The Transfer Petition is accordingly disposed of.

......................J. [S.ABDUL NAZEER]

......................J. [KRISHNA MURARI]

New Delhi; MAY 20, 2022 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). 1982/2021

SHRUTI BHATIA Petitioner(s)

VERSUS

HITESH ARORA Respondent(s)

(MEDIATION REPORT ALONGWITH SETTLEMENT AGGREEMENT RECEIVED. IA No. 141876/2021 - STAY APPLICATION)

Date : 20-05-2022 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE KRISHNA MURARI

Ms. Akanksha Tripathi, Adv.
Mr. Vaibhav Mehndiratta, Adv.
Mr. Rohit Amit Sthalekar, AOR
Mr. Tushar Srivastav, Adv.

UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is disposed of in terms of the

signed order.

Pending applications, if any, also stand disposed of.

(NEELAM GULATI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed order is placed on the file)