Holding

The Court approved the settlement, granted a decree of divorce by mutual consent, quashed all pending proceedings, and disposed of the transfer petitions.

Summary

The husband filed transfer petitions seeking to move several matrimonial and criminal matters pending before the Family Court, Gwalior, to this Court. The parties, married in 2006, had been living separately since 2007 and were involved in multiple proceedings including a petition under Section 13 of the Hindu Marriage Act, a domestic‑violence case, restitution of conjugal rights, a Section 125 CrPC case, an FIR under IPC 406/34 and 498A, and a civil suit by the husband’s father. Through mediation at the Delhi High Court, the parties reached a settlement whereby the husband would pay Rs.12 lakh, hand over household articles and both would waive all present and future claims, seeking a divorce by mutual consent and quashing of all pending cases. The Supreme Court, after examining the settlement, ordered a decree of divorce by mutual consent, directed that all the listed proceedings be quashed, and disposed of the transfer petitions. The Court praised the role of the Mediation Centre in facilitating the settlement.

Issues considered

Whether a decree of divorce by mutual consent can be granted and pending criminal and civil proceedings can be quashed on the basis of a settlement between the parties.
Whether the transfer petitions seeking relocation of the matrimonial and criminal matters are maintainable in view of the settlement.
Whether the settlement complies with the provisions of the Hindu Marriage Act, the Code of Criminal Procedure and other statutes.

Legislation cited

Code of Criminal Procedure, 1973s. 125
Dowry Prohibition Acts. 4
Hindu Marriage Act, 1955s. 13(1)(ia), s. 9
Indian Penal Code, 1860s. 34, s. 406, s. 498A
Protection of Women from Domestic Violence Act, 2005s. 12

Subjects

divorce by mutual consenttransfer petitionmediationsettlementHindu Marriage ActSection 125 CrPCdomestic violencedowryquashing of criminal proceedingsfamily law

Judgment

... [2009] 2 S.C.R. 771

: AVIRAL BHATLA
·~
A
=f v.
BHAWNA BHATLA
Transfer Petition (Crl.) No. 431 of 2008
......
FEBRUARY 18, 2009
B
[DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY,
JJ.]
~

.I{ Transfer Petitions - Matrimonial Dispute - Settlement
between parties - Transfer Petitions disposed of
c
CRIMINAL ORIGINAL JURISDICTION: Transfer Petition
(Crl.) No. 431 of 2008
WITH
T.P. (C) No. 1052 of 2008
... D
~ Ajai Bhalla, Abhinav Jain, Shefali Jain, K.D. Prasad, Abha
R. Sharma, for the Appellant.
Pinky Anand, Geeta Luthra, D.N. Goburdhan, Jatin, for the
Respondent.
E
The order of the Court was delivered by
qR. ARIJIT PASAYAT, J.
,(
• II> 1. These transfer petitions have been filed by Aviral Bhatia
(hereinafter referred to as the 'husband') seeking transfer of F
several cases pending before learned Chief Judge, Family
Court, Gwalior, in proceedings under Section 9 of the Hindu
Marriage Act, 1955 (in short the 'Act') and Section 125 of the
Code of Criminal Procedure, 1973 (in short the 'Code'). The
parties were married on 20.1.2006 at Surajkund, Haryana. It G
appears that there were some irreconcilable differences
> ·-+
between the parties and despite concerted and serious efforts
the parties were not able to resolve their disputes and were
living separately since 10.10.2007. It appears that after the
771 H
~

772 SUPREME COURT REPORTS [2009] 2 S.C.R. i-

A transfer petitions were filed before this Court, learned counsel
y--"" -
for the parties made efforts to bring about a comprehensive \·
settlement of the disputes relating to the matrimonial discord.
The Mediation Centre of the Delhi High Court also played a
vital role in arriving at a settlement. The details of the litigations ~
j
8 between the parties are as follows: "'~
(i) The petitioner has filed a case/petition under Section ·1
13(1 )(ia) read with Section (iii) of the Hindu Marriage Act, ,,J..I
1955 titled A viral Bhatia v. Bhawna Bhatia bearing case ·•
"'- !
No.48/07 which is pending in the court of Mr. Ashok
c Bhardwaj, ASG Gurgaon, Haryana.
(ii) Respondent has filed a case under The Protection of
Women from Domestic Violence Act, 2005 being complaint
case no. 3086/1/2007 dated 03.11.07, under section 12
of the Domestic Violence Act, which is pending in the
D ~
court of Ms. Veena Rani Metropolitan Magistrate at Patiala
House, New Delhi. 4-
(iii) Respondent has filed a petition for restitution of conjugal
rights under section 9 of the Hindu Marriage Act, 1955 in
E Gwalior bearing No. 501 (a)/07 against the Petitioner
pending before Ms. Saroj Maheshwari Jain, Chief Judge,
Family Court, Gwalior. The said proceedings have been
stayed by this Hon'ble Court in the.Transfer Petition No.
)'.
1052/2008. • l

F (iv) Respondent has filed a petition u/s 125 Criminal
Procedure Code, 1973 being case No.435 of 2007 titled
as Bhavna Bhatia v. Aviral Bhatia, pending before Ms.
Saroj Maheshwari Jain, Chief Judge, Family Court,
Gwalior(MP). The Petitioner has filed a transfer petition
G for the transfer of this matter bearing Transfer Petition No.
431/2008 and such proceeding has been stayed by this ~·
....
Court in the Transfer Petition No. 431/2008.
(v) Respondent has filed an FIR bearing No. 68/2007 dated
26.11.2007, against Petitioner and his family members
H
'
AVIRAL BHATLA V. SHAWNA BHATLA 773
[DR ARIJIT PASAYAT, J.]

-, under Section 406 r/w 34 and 498A of the IPC read with A
section 4 of Dowry Prohibition Act which is pending
investigation in Mahila Police Station Padav, Gwalior.
(vi) That petitioner's father has filed a case bearing Case
No. 18664/1/08 titled as MK Bhatia V Chitvan Sharma
& ors. u/s 420, 465 468, 471and1208 pending before the B
Court of Mr. Sudesh Kumar MM Patiala House, New Delhi.

(vii) The Petitioner has filed two Transfer Petitions bearing
~
TP(C) no. 1052 of 2008 and TP (Cr1) No.431 of 2008
before this Court inter alia praying transfer of the petition c
u/s 9 of the Hindu Marriage Act, 1955 filed by the
Respondent pending before the Chief Judge, Family Court
at Gwalior and transfer of proceedings under section 125
Criminal Procedure Code, 1973 filed by Respondent
pending before the Chief Judge, Family Court e_t Gwalior
:... D
(MP).
~

The agreed terms of settlement are as follows:
"That the Petitioner agrees and undertakes that he shall
pay an amount of Rs.12 lacs (Rupees Twelve Lacs) to
Respondent in the form of a Pay Order in favour of Ms. E
Bhavna Bhatia, at the time of making of statements/grant
of divorce/quashing of all the criminal and civil proceedings
as a full and final settlement of all her claims. Further more
i. " the petitioner agrees and undertakes to hand over all the
household articles as mentioned in settlement agreement F
dated 14. 11.08 before Ld. Mediator of High Court of
Delhi in the presence of both the parties, which are lying
at House no. E-8/10, 3rd Floor, Malviya Nagar, New Delhi,
within 7 days from the date of signing of the present petition,
the same will be collected by the respondent and the G
.>
•-1 expenses for the transportation will be borne by her.
The respondent agrees and undertakes that after the
receipt of Rs.12 lacs, she and/or any of her family member
will have no claim on account of alimony (past, present
H
774 SUPREME COURT REPORTS [2009) 2 S.C.R.

A and future), maintenance, dowry, stridhan or will have no
right of claim on any of the property movable or immovable,
self acquired, ancestral, joint or HUF of the petitioner or·
his parents, or his family for any past, present or future
claims which have all been settled in terms of the present
B Consent Terms. Similarly, petitioner and his family
members will also have no claim against the respondent
and her family members.
That both the parties agree and undertake that all the
cases/complaints in any forum or court which have been
c filed by the parties and their family members against each
~.

other including the ones listed above will be treated as
compromised and .settled in terms of the present
application of divorce by mutual consent under Article 142
of the Constitution of India and this Court may also pass
D order for quashing of Criminal proceedings as mentioned
above."
2. In view of the factual situation and the settlement arrived
at by the parties we direct that a decree of divorce by mutual
consent be passed. All the proceedings referred to above which
E are pending shall stand quashed. We record our appreciation -;
for the effective manner in which the Mediation Centre of Delhi
High Court helped the parties to arrive at a settlement.
3. The transfer petitions are accordingly disposed of. '.

D.G. Transfer petitions disposed of.