FAO not M-183 of 2012 -:
1. :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO not M-183 of 2012 Date of decision: July 01, 2013. Payel Mehta ... First Party v. Sanjay Sarin ... Second Party CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON Present: Shri P.S. Ahluwalia, Advocate, for the appellant. Shri Rajiv Kataria, Advocate for the respondent. Rajive Bhalla, J.(Oral): By this common order, we shall dispose of FAO not M-183 of 2012 and FAO not M-292 of 2012. Prayer in the petition, filed under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the 1955 Act) is for grant of a decree of divorce by mutual consent. Parties were married on 21.2.2001 and were blessed with two minot children. On account of matrimonial differences, parties filed various cases against each other, both civil and criminal. Eventually with the assistance of their counsel, parties settled their dispute and agreed to part ways on the following terms and conditions, as recorded in order dated 11.12.2012, which reads as follows:- “1.The appellant and the respondent agree that it is not Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
2. :- possible for them to live together as husband and wife and would, therefore, file an application to alter the original petition filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as “HMA”.) to a petition under Section 13-B of the HMA, for grant of divorce by mutual consent.
1. The appellant and Sanjay Sarin-respondent agree that Sanjay Sarin shall pay, Rupees One Crore to the minot children namely, Shivam and Shivya, aged 11 and 9 years, respectively, towards their maintenance.
2. The appellant and respondent agree that amount of Rupees One Crore shall be placed in a fixed deposit, to be opened in a nationalized bank, fetching the highest rate of interest, and the interest so accruing, shall be used by Ms. Payel Mehta, appellant, for welfare of the minors, till they attain the age of majority.
3. The appellant and respondent also agree that respondent shall prepare two demand drafts of ` 15 Lacs each, drawn in the name of the minors and produce the demand draft in Court at the time of presentation of the application for alteration of the original petition, to a petition under Section 13-B of HMA. The demand drafts shall be converted into two separate fixed deposits by State Bank Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
3. :- of Patiala, Punjab and Haryana High Court Branch, Chandigarh, in the names of the minors. The fixed deposit receipts shall be placed on record in a sealed cover. The respondent shall also present in Court, two demand drafts of ` 5 Lacs each, drawn in separate names of the minors, within one month.
4. With regard to the balance amount of Rs.60.00 lacs, the respondent shall present in Court, two post dated cheques of Rs.30 lacs, each in the names of each of the minors, which shall also be kept in a sealed cover and shall be replaced by demand drafts on the date, parties record their statements in second motion, in the divorce petition, to be filed by the parties.
5. The amount so paid shall be construed as a discharge of past, present and future maintenance due or payable to the minors and the appellant.
6. It is also agreed that custody and guardianship of the minors, shall vest for all purposes, with their mother Ms. Payel Mehta, the appellant. Sanjay Sarin, respondent, shall, however, be entitled to visit the children on the following dates, during next two years:- (1)1st February, 2013 (2) 7th June, 2013 (3) 1st November, 2013 Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
4. :- (4) 20th December, 2013 (5) 1st February, 2014 (6) 7th June, 2014 (7) 1st November, 2014 (8) 20th December”
7. The appellant shall be required to produce the minors before the Secretary, Legal Services Authority, Punjab and Haryana High Court, Chandigarh, between 10 a.m. to 2-00 p.m. The meeting shall take place under the direct supervision of the Secretary of the above Legal Services Authority. The appellant shall not cause any hindrance or impediment in the meetings not shall the respondent remove the children from the office of Legal Services Authority, Punjab and Haryana High Court,Chandigarh.
8. It is also agreed that all cases whether civil, criminal (FIRs, complaints) or of any other nature filed/pending by the appellant or the respondent or at their behest inter se the parties as well as against relatives, at whatever stage, shall be withdrawn/quashed so as to bring all such proceedings to an end. Both parties shall cooperate in ensuring such withdrawal/quashing etc. and shall be obliged to sign, file, swear, and make such applications, petitions, appeals affidavits, statements etc. as may be necessary. Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
5. :- 9. The amount of `One Crore shall not include any amount already paid to the appellant, or the minors. Ms. Payel Mehta, appellant and Mr. Rajiv Kataria, counsel for respondent have agreed to the abovesaid terms and conditions and state that they have no objection in proceeding further on the above terms and conditions.”
. On 18.12.2012, parties presented a petition for dissolution of the marriage by mutual consent and prayed for grant of a decree of divorce. In view of the prayer for grant of divorce by mutual consent, separate statements of Payel Mehta and Sanjay Sarin were recorded, which read as under:- “Statement of Payel Mehta wife of Sanjay Sarin and daughter of Jiwan Mehta, resident of House No.939, Sector 8, Panchkula, Haryana - 1st party. I have filed the petition for grant of divorce by mutual consent voluntarily without any coercion or pressure and will abide by the terms and conditions of the compromise as set out in the petition as well as in the order dated 11.12.2012. My separate affidavit filed in the Court today, may be read as statement in first motion.”
. “Statement of Sanjay Sarin son of Shri Satish Sarin, resident of F-200A, W5 Sainik Farm, New Delhi - 2nd party. Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
6. :- I have filed the petition for grant of divorce by mutual consent voluntarily without any coercion or pressure and will abide by the terms and conditions of the compromise as set out in the petition as well as in the order dated 11.12.2012. My separate affidavit filed in the Court today, may be read as statement in first motion.”
. The separate affidavits filed by parties, in first motion, are in essence a reproduction of the terms and conditions recorded in order dated 11.12.2012. The 2nd party, i.e., the husband has deposited Rs.40.00 lacs, which has been converted into FDRs in the names of the minot children. The fixed deposit receipts are in the custody of the court. At this stage, it will be appropriate to reproduce order dated 18.12.2012:- “A petition under Section 13-B of Hindu Marriage Act, by Payel Mehta and Sanjay Sarin for dissolution of their marriage by mutual consent, filed in the Court today, is taken on record. Registry is directed to assign a number to the petition. Payel Mehta d/o Jewan Mehta and Sanjay Sarin s/o Satish Sarin are also present in Court and state that they have resolved their differences and have agreed to part ways by praying for grant of a decree of divorce by mutual consent. The statements, in first motion, be Kadyan Vinot Kumar recorded. The separate statements of Payel Mehta and 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
7. :- Sanjay Sarin have been recorded. Two separate demand drafts in the sum of Rs.15 lacs each, drawn in the name of Miss Shivya Sarin, (minot daughter) and Master Shivam Sarin (minot son), have been presented in the Court, in accordance with terms and conditions of the settlement. In furtherance to the settlement, the demand drafts are handed over to Mr. Jagmohan, Manager of State Bank of Patiala, High Court Branch, Chandigarh, for converting the demand drafts into two separate fixed deposit receipts in the name of the minors. The State Bank of Patiala shall open two separate bank accounts in the name of the minors, through their mother Payel Mehta and deposit monthly interest accruing on these FDRs in these accounts. Ms. Payel Mehta shall be entitled to withdraw the amount of interest so deposited, for the welfare of the minors. The fixed deposit receipts be placed on record and shall be kept by the registry in a sealed cover. Two cheques of Rs.30 lacs each, duly signed by Sanjay Sarin, have been filed in Court today for payment to the appellant in terms of settlement, on the date of second motion. The same be kept in a sealed cover alongwith FDRs. Adjourned to 1.7.2013 for recording of statements in second motion. Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
8. :- A demand draft of Rs.10 lacs shall be placed on record on or before 31.1.2013. In the meanwhile, parties would be at liberty to withdraw their suits/appeals/revision or any other proceedings, without prejudice to their rights in the present petition.”
. Counsel for the parties have informed the Court that the fixed deposit receipts have been prepared and are in the custody of the Registrar of this Court. Counsel for the parties, pray that despite the lapse of six months, parties have not been able to reconcile their differences and maintain their stand that they cannot live together as husband and wife, and, therefore, their marriage may be dissolved by grant of a decree of divorce, by mutual consent. The parties, Smt. Payel Mehta and Sanjay Sarin are present in Court. We have interacted with them and despite our advice, to make another attempt to resolve their differences and live together as husband and wife, maintain their stand and have filed affidavits deposing that as their differences cannot be bridged, the only option is to dissolve the marriage by a decree of divorce by mutual consent. The statements of the parties, recorded in second motion, read as follows:- Statement of Payel Mehta wife of Sanjay Sarin and daughter of Jiwan Mehta, resident of House No.939, Sector Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
9. :- 8, Panchkula, Haryana - 1st party. “My affidavit dated 1.7.2013 filed in Court today, may be read as my statement in second motion. I have also filed another affidavit dated 1.7.2013, which may also be taken on record.”
. Statement of Sanjay Sarin son of Shri Satish Sarin, resident of F-200A, W5 Sainik Farm, New Delhi - 2nd party. “My affidavit dated 1.7.2013 filed in Court today, may be read as my statement in second motion. I have also filed another affidavit dated 1.7.2013, which may also be taken on record.”
. Counsel for the parties also pray that in view of settlement between parties, the FIR filed by Payel Mehta may also be quashed. Counsel for Smt. Payel Mehta, Shri P.S. Ahluwalia, Advocate, and Smt. Payel Mehta state that they have no objection if the FIR is quashed. Shri Rajiv Kataria, Advocate, Counsel for Sanjay Sarin, prays that reasonable time may be granted to pay the balance amount as he has not been able to arrange requisite funds on account of personal tragedies in the family. Smt. Payel Mehta states that she has no objection if reasonable time is granted for payment. We have heard Counsel for the parties, perused the paper book, the affidavits filed and statements made at the stage of first motion, the affidavits filed and the statements recorded at the stage of second motion, and are satisfied that the petition has been filed without Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
10. :- collusion, undue influence or fraud and is the result of a bona fide opinion formed by parties that they are not in a position to carry on with this matrimonial relationship. The parties state that their differences are so irreconcilable, as to be incapable of resolution. In this view of the matter, we accept the petition for grant of decree of divorce and dissolve the marriage between Payel Mehta and Sanjay Sarin. The respondent shall convert the balance amount of Rs.60.00 lacs into fixed deposit receipts to be prepared in the names of the minors, by the State Bank of Patiala, High Court Branch, Chandigarh, within four months failing which the parties would be at liberty to approach this Court for further orders. The FDRs so prepared shall be handed over to Ms. Payel Mehta. The State Bank of Patiala, High Court Branch, Chandigarh shall make an endorsement on each fixed deposit receipt that the fixed deposits shall not be encashed without prior permission of this Court. The fixed deposit receipts lying with the Registrar of this Court, shall be released to Smt. Payel Mehta forthwith after she files an application before the Registrar General with an undertaking that she shall not create any charge, third party interest, or use the fixed deposit receipt for any purpose, except for using interest accruing thereupon for benefit of the minors. Before handing over the fixed deposit receipts to Ms. Payel Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh FAO not M-183 of 2012 -:
11. :- Mehta, the Registrar General shall make an endorsement on each FDR that the fixed deposits shall not be encashed without prior permission of this Court. This order, however, shall not prevent renewal of the fixed deposit receipts, as may be required from time to time and at the time of each renewal, the State Bank of Patiala, shall make an endorsement, in terms referred to above. Till the minors attain majority, Ms. Payel Mehta shall not ecash the FDRs but shall be entitled to use the interest accruing thereon for benefit of the minors. In view of what has been stated herein-above, the application is allowed, the marriage between the parties is dissolved by a decree of divorce by mutual consent. No order as to costs. In view of settlement between the parties, Crl. Misc. not M- 6612 of 2011, Crl. Misc. not M-13967 of 2011 and Crl. Misc. not M- 9788 of 2012 are being allowed by the separate order, quashing the impugned FIR. [ Rajive Bhalla ]. Judge [Dr. Bharat Bhushan Parsoon]. July 01, 2013. Judge kadyan Kadyan Vinot Kumar 2013.08.07 13:38 I attest to the accuracy and integrity of this document Chandigarh