Alok Mishra vs Garima Mishra

Alok Mishra ...Petitioner

Versus

Garima Mishra ....Respondent

(With T.P. (C) No.870 of 2007)

JUDGMENT

DR. ARIJIT PASAYAT, J.

1. These transfer petitions were listed in the Supreme Court Lok Adalat

held on 7th February, 2009. With the efforts of the mediators of the Delhi

1 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:

Shri Alok Mishra (Husband), Son of late Shri Jaiprakash Mishra, C/o

Mr. Adrash Mishra, R/o 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 HIGD - 6,

Dhanwantri Nagar, Jabalpur, Madhya Pradesh.

WHEREAS:

1. Disputes and differences had arisen between the 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.

2. The matter was referred to Mediation and Conciliation Centre

Delhi High Court for exploring the possibilities of settlement

between the parties.

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3. The parties agreed that Ms. Kamlesh Mahajan and Mr. Inderbir

Singh Alag, Advocates would act as their

Conciliators/Mediators in the matter of Mediation and

Conciliation proceedings.

4. The parties pursuant to discussions, deliberations and

negotiations held with the assistance and help 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

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(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.

5. 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) Payal

(iv) Bichiya

(v) Chain

(vi) Locked suitcase (with sarees inside)

Gifted to the Husband

(i) Chain

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(ii) Two rings

(iii) Watch

(iv) Silver coins

6. That on the above terms and conditions, the parties have

resolved their disputes and would request the Hon'ble Supreme

Court of India to pass necessary orders/decree for dissolving

the marriage between the parties.

7. That both the parties will withdraw proceedings, if any, civil or

criminal, instituted by them against each other.

8. 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 this regard have been amicably

settled by the Parties hereto through the process of

Conciliation/Mediation.

9. That the parties undertake to the Hon'ble Court to abide by the

terms and conditions set out in the 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 give effect to the settlement

5 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, 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. Transfers petitions are accordingly disposed of.

..........................................J. (Dr. ARIJIT PASAYAT)

..........................................J. (D.K. JAIN)

..........................................J. (DR. MUKUNDAKAM SHARMA)

New Delhi, February 27, 2009

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