• Sudha Mishra Vs. Surya Chandra Mishra: Supreme Court Judgment

  • Sudha Mishra Versus Surya Chandra Mishra, Petition(s) For Special Leave To Appeal (C)  No(S).  23519/2014, Judgment Dated: 27/02/2015, Madan B. Lokur, J & Uday Umesh Lalit, J, SC [Full PDF Judgment].

    Excerpts From The Judgment

    The parties have entered into a settlement on 27th February, 2015. The Settlement Agreement has been signed by all the parties as well as by their respective learned counsel who identify their signatures.

    The Settlement Agreement reads as follows:

    THIS DEED OF SETTLEMENT / AGREEMENT is executed on this 27th day of February, 2015 BETWEEN
Smt. Sudha Mishra, W/o Sh. Sushil Mishra, D/o Sh. Trilok Nath Shukla, R/o C-1/9 A, Yamuna Vihar, Delhi – 110053 hereinafter referred to as PARTY OF THE FIRST PART.

    AND

    Shri Surya Chandra Mishra, S/o Late Shri Deep Narayan Mishra, R/o C-1/9-A, Yamuna Vihar, Delhi, hereinafter referred to as PARTY OF THE SECOND PART.

    Shri Sushil Mishra, S/o Sh. Surya Chandra Mishra, R/o H.No.81, Block-B, Mukundpur Extension, Part-I, Gali No.3, New Delhi-42 hereinafter referred to as PARTY OF THE THIRD PART.

    WHEREAS the party of the first part has filed Special Leave Petition bearing No.23519 of 2014 challenging the order passed by the Hon'ble High Court of Delhi in RFA 299/2014 dated 25/7/2014 whereby the judgment and decree dated 28/4/2014 passed by the court of ADJ, A.S. Jaya Chandra decreeing the suit of the party of the second part directing the party of the first part to hand over the vacant and peaceful possession of ground floor of the suit property bearing no. C-1/9A, Yamuna Vihar, Delhi, hereinafter referred to as the suit property, was affirmed.

    WHEREAS that during the hearing of the aforementioned Special Leave Petition the parties have reached an amicable settlement regarding all their disputes and differences, the terms and conditions of which are reduced herein after into writing between each other.

    NOW THE SETTLEMENT DEED RECORDS AS UNDER:-

    1. That a sale deed shall be registered in respect of Flat No. F.F.2, HIG, First Floor,

    DLF Ankur Vihar, hereinafter the said flat at Ankur Vihar, transferring the said flat at Ankur absolutely, in the name of the party of the first part and the minor two children within two weeks of the signing of the present settlement deed. The sale deed shall also ensure that all rights that the vendor has stands transferred without any encumbrances fully and effectively to the party of the first part and her children. The party of the third part undertakes to bear expenses of the registration and stamp duty to be incurred in the registration of the sale deed pertaining to the said flat at Ankur Vihar. The said transfer shall be in lieu of permanent maintenance to the party of first part. All parties shall cooperate in doing all deeds to effectively transfer the said flat in the name of the party of the first part and her children.

    2. That on 23 March, 2015, the party of the third shall cause the peaceful and vacant possession of the said flat at Ankur Vihar shall be handed over to the party of the first part and her children, whereupon she and her minor two children shall cause simultaneously hand over vacant and peaceful possession of the suit property to the party of the second part.

    3. That the party of the third part further undertakes to pay the maintenance of Rs.5000/- (Rupees five thousand) per month to each of the minor children in terms of the order dated 28/10/2013 passed by the Family Court, Allahabad.

    4. That all parties agree that the aforesaid terms shall be passed as an order of the Supreme Court invoking its powers under Article 142 of the Constitution of India.

    5. That it is hereby declared that party of the first part has filed the following cases against the party of the second part, party of the third part and other relatives.

    (i) Being case no. 3773 of 2009 / Case Crime No. 321 of 2010 vide FIR No.179 of 2009 and charge sheet filed u/s 498A/323 IPC pending in the court of ACJM, Room No.2, District Court, Allahabad.

    (ii) FIR No. 233 of 2012 u/s 354, 324, 341 IPC

    with the Police Station Bhajanpura, Delhi. (iii) Case bearing no. V 309/13 under the provisions of Protection of Women from Domestic Violence Act, 2005 and contempt petition pending adjudication before the Court of Ms. Gitanjal, Metropolitan Magistrate, Karkardooma, Delhi.
(iv) Criminal Revision No.299 of 2014 pending before the Allahabad High Court filed by the party of the first part against the party of the third part.

    6. That it is further declared that the following cases have been filed against the Party of the first part:-

    (i) The relative of the party of the second part has filed an FIR bearing no. 848/2014 with police station Bhajanpura, Delhi u/s 323/341 IPC.

    (ii) Execution Petition No.12/2014 pending before Ld. ADJ, Karkardooma Court filed by the Party of the second part against the Party of the first part.

    (iii) Writ Petition No. 322/2013 pending before Hon'ble Delhi High Court filed by Party of the third part.
(iv) Complaint filed by the Party of the second part against Party of the first part before SDM, Nandnagri (already disposed of). (v) Complaint filed by Party of the second part's wife against the Party of the first part before Secretary, Legal Aid, Karkardooma (already disposed of).

    7. That all the parties agree and undertake that all the cases between the parties including the above mentioned cases shall stand duly quashed by the Supreme Court by invoking powers available to the Hon'ble Court under Article 142 of the Constitution of India.

    8. That the marriage of the party of the first part with the party of the third part shall be duly dissolved by a decree of divorce to be passed by this Hon'ble Court u/s 13(B) of HMA Act, 1955. It is hereby agreed that the party of the first part shall not claim any further alimony, maintenance, stridhan either for herself or on behalf of the minor children except as mentioned herein above from the party of the third part or the party of the second

    part or the other family members of the party of the third part. Further the party of the first part shall also not file any litigation either herself or through the minor children against the properties of the party of the second part or his wife or of the party of the third part. The party of the second part and party of the third part shall not file any claims against the party of the first part and undertake not to file any litigation making such claims. That party of the second part and party of the third part have no claims against the party of the first part or her minor two children. Further the party of the second part and party of the third part undertake that they shall not dispute the paternity of master Piyush Mishra and Master Ujwal Mishra alias Ayush Mishra and further undertake that all the litigations relating thereto including the DNA testing shall be withdrawn / quashed.

    9. That it is hereby agreed between the parties that all the claims and differences between the parties shall stand settled vide the present settlement deed and none of the parties or their relatives shall file any case, claim, complaint and action before any governmental authority, court, tribunal etc. against each other.

    10. That all the parties to the present agreement undertake to abide by the terms and conditions as incorporated in the present deed and in case of any breach by any party then the party who is in breach of the terms of settlement deed shall be proceeded under the provisions of the Contempt of Court Act, 1971.

    11. That the present deed has been entered into without perpetration or undue influence, coercion or force and all the parties have understood the contents as stated in the present settlement deed.

    IN WITNESS WHEREON both the parties have signed this agreement / settlement on the day, month and year first above written in the presence of the following witnesses.

    WITNESSES:

    PARTY OF THE FIRST PART

    PARTY OF THE SECOND PART

    PARTY OF THE THIRD PART

    In view of the settlement between the parties and in exercise of our jurisdiction under Article 142 of the Constitution of India, we quash all the cases referred to in paragraphs 5 and 6 of the Settlement Agreement. We also grant a decree of divorce to the parties under Section 13 (B) of the Hindu Marriage Act, 1955 in terms of the settlement entered into between the parties.

    The parties will be bound by the undertakings given by them in the Settlement Agreement.

    It has also been agreed between the parties that Flat NO. F.F.2, HIG, First Floor, DLF Ankur Vihar shall be transferred in the name of Ms. Sudha Mishra and her two children namely Ayush and Piyush. The sale deed will be executed within two weeks from today and possession will be handed over to Ms. Sudha Mishra on 23rd March, 2015. Ms. Sudha Mishra, Ayush and Piyush will hand over possession of the suit property to the respondents on 23rd March, 2015 itself.

    The special leave petition is disposed of in terms of the settlement between the parties.

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