- Court
- Supreme Court of India
- Decided
- 16 October 2008
- Bench
- Arijit Pasayat, Mukundakam Sharma
- Result
- Petition disposed of.
Headnote
Settlement/Compromise - Transfer Petition - Matrimo-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of wife in the immov-able property and visitation rights to father - Criminal/civil cases pending before various courts withdrawn - In terms thereof, transfer petition disposed of
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
DR. ARIJIT PASAYAT, J. 1. Though the present transfer 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 and following terms for settling the disputes were arrived at:
¶1Th.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 lacs each payable on or before 31st August. The first 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.
¶2The above amount shall be kept in a fixed deposit in
the name of Ms. Taniksha.
¶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 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 Bagh, Manja Pachora, Opposite Gate No.2, Medical College, Jhani.
¶4The parties hereby agree to withdraw all the civil/
criminal cases pending in the concerned court which are mentioned below:
(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
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, Karkadooma, Delhi.
¶5The 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
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.
¶7The petitioner submits that the particulars of the
immoveable property mentioned . above have not ,,..__ been verified by her and the same are subject to verification.
¶2In 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.
¶3In view of the aforesaid agreement the transfer petition is disposed of on the terms as set out above. The proceedings .., as noted above stand closed. ~,J.
Case details
Arising from
CIVIL ORIGINAL JURISDICTION: Transfer Petition (C) No. 683 of 2007
Appearances
Kaja I Chandra and Sanjeev Anand for the Appellant. Ashok Mathur for the Respondent.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.