Supreme Court of India
ALOK MISHRAversusGARIMA MISHRA
- Citation
- 2009 INSC 272
- Decided
- 27 February 2009
- Disposal
- Disposed off
- Bench
- ARIJIT PASAYAT
Holding
The settlement reached between the parties is accepted, and the marriage is dissolved by virtue of the Supreme Court Lok Adalat order.
Summary
Alok Mishra and Garima Mishra filed transfer petitions before the Supreme Court concerning their matrimonial dispute. While the petitions were pending, the parties, with the assistance of mediators from the Delhi High Court Mediation and Conciliation Centre, reached a settlement agreement that provided for a lump‑sum payment by the husband, return of personal items, and mutual withdrawal of all proceedings. The parties sought the Supreme Court Lok Adalat's approval of the settlement and a decree dissolving their marriage. The Court examined whether the settlement was voluntary, complied with legal requirements, and was in the parties' best interests. Finding the agreement satisfactory and the requisite steps taken, the Court accepted the settlement, ordered the dissolution of the marriage, and disposed of the transfer petitions.
Issues considered
- What is the effect of a settlement agreement reached through mediation on the dissolution of marriage before the Supreme Court Lok Adalat?
- Whether the Supreme Court can accept and enforce a settlement that includes payment of alimony and return of personal property.
Subjects
dissolution of marriageLok Adalatsettlement agreementmediationmaintenancealimonyfamily lawSupreme Court
Judgment
,-
[2009] 3 S.C.R. 886
A ALOK MISHRA
V.
GARIMA MISHRA
(Transfer Petition (Civil) No.445 of 2008)
FEBRUARY 27, 2009
B
[DR. ARIJIT PASAYAT, D.K. JAIN AND DR.
MUKUNDAKAM SHARMA, JJ.]
MA TR/MON/AL LAW:
c
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.
D 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.
E
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
F
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
G (Civil) No.445 of 2008.
Anupam Lal Das and Arpit Gupta for the Appellant.
Umesh Babu Chaurasia, C.P. Singh, M.P Singh and
H 886
,,,. 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,
2009. With the efforts of the mediators of the Delhi High Court B
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/
D
o Shri Alok Mishra, R/o HIGO - 6, Dhanwantri Nagar,
Jabalpur, Madhya Pradesh.
WHEREAS:
1. 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.
2. The matter was referred to Mediation and F
Conciliation Centre Delhi High Court for exploring
the possibilities of settlement between the parties.
3. 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.
4. The parties pursuant to discussions, deliberations
and negotiations held with the assistance and help
H
888 SUPREME COURT REPORTS [2009) 3 S.C.R.
A 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
8 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
c her rights towards the alimony, maintenance,
etc. in the following manner:
(a) Rs.3,00,000/- by way of cheque dated
7.2.2009;
D
(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.
E
(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.
F
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
G
(i) Necklace
(ii) Teeka
(iii) Paya I
H
- (iv)
ALOK MISHRA v. GARIMA MISHRA
[DR. ARIJIT PASAYAT, J.]
Bichiya
889
A
f
(v) Chain
(vi) Locked suitcase (with sarees inside)
Gifted to the Husband B
(i) Chain
(ii) Two rings
(iii) Watch c
(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 D
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 E
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
F
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 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
890 SUPREME COURT REPORTS (2009] 3 S.C.R.
-
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.
C 4. Transfer petitions are accordingly disposed of.
R.P. Transfer petitions disposed of.
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