SMT. RACHNA v. JAYESH

Case Details & Bench

Court: High Court
Hon'ble Judges: Dr. Arijit Pasayat
Dr. Mukundakam Sharma
Judgment Date: 2008-10-16
Court Decision / Holding: Petitions disposed of on the terms of the Lok Adalat settlement; the proceedings stand closed.
Final Disposition: Disposed of in terms of settlement; proceedings closed.

Parties to the Case

Appellants / Petitioners

Smt. Rachna

Respondents

Jayesh

Legal Representation & Advocates

Counsels for Petitioners

• Dr. Vipin Gupta
• Shree Pal Singh
• Govind Goel
• C.D. Singh
• Sunny Chowdhary
• Vairagya Vardhan Dubey
• Aditya Singh
• Sukesh Ghosh

Counsels for Respondents

• Dr. Vipin Gupta
• Shree Pal Singh
• Govind Goel
• C.D. Singh
• Sunny Chowdhary
• Vairagya Vardhan Dubey
• Aditya Singh
• Sukesh Ghosh

Case Synopsis & Summary

This matter concerns petitions for transfer of matrimonial disputes pending in various courts, filed as Transfer Petition (Civil) No. 699 of 2008 before the Supreme Court. The Supreme Court directed the cases to be listed at the Supreme Court Lok Adalat held on 5 September 2008, with mediators assisting the parties in attempting to sort out the discords. Through mediation, the parties arrived at a comprehensive settlement detailing interrelated undertakings and concessions. The agreement records that the father of the respondent will forgive past events in the presence of the Jatav Samaj of the respondent’s father at Indore, and the respondent’s father will pay Rs. 50,000 to the petitioner by 5 November 2008 for an allotment of a flat. The respondent, Jayesh, will apply to his employer ONGC for allotment of a flat in Bombay and will inform the petitioner and her family of the allotment and accompany her to Bombay to establish a matrimonial home. It is further agreed that the parties shall live as husband and wife and that there is no other claim against each other. The cases filed by Smt. Rachna and by Jayesh are disposed of on these terms, and the proceedings are closed. The Court held that the settlement governs and disposed of the petitions accordingly.

Provisions of Law Cited

Indian Penal Code Section 307Indian Penal Code Section 498AIndian Penal Code Section 323Indian Penal Code Section 504Indian Penal Code Section 506Dowry Prohibition Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants sought resolution of the matrimonial disputes through court-directed transfers and eventual settlement via mediation. The Lok Adalat process yielded a comprehensive settlement addressing financial arrangements (Rs. 50,000 towards housing needs), housing logistics (flat allotment through ONGC and relocation to Bombay), and personal reconciliation (the parties to live together as husband and wife with no claims remaining). The agreement reflects mutual consent to end litigation and to pursue a settled, domestic arrangement.

Contentions of Respondents

The respondents joined in the Lok Adalat-mediated settlement, accepting the terms that envisaged apologies, financial adjustment, and relocation arrangements, with a shared commitment to reunite and live as a married couple, and to withdraw or quash related proceedings in light of the agreed settlement.

Extracted Judgment Text

Exact text extracted from official judgment records.

[2008] 14 S.C.R. 517 -~~ ## SMT. RACHNA A _v._ JAYESH (T.P.(C) No. 699 of 2008) -1 OCTOBER 16, 2008 (DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.) B ## _Hindu Law:_ _Lok Ada/at_ - _Matrimonial disputes_ - _Settling of_ - _Held:_[c ] _Disputes between the parties settled at Supreme Court Lok Ada/at_ - _Transfer petitions disposed of accordingly_ .... __, Petitioner-wife filed transfer petition before this Court for transfer of certain cases involving matrimonial disputes and were pending before various civil and criminal courts. The cases were listed before the Supreme Court Lok Adalat and settled. D ## Disposing of the petition, the Court _-A_ HELD: It has been agreed between the parties that[E ] they shall live as husband and wife together and that there is no other claim against each other. In view of the aforesaid agreement, the casess are disposed of in terms of the settlement. (Paras 1 (4) & 2) [518-G-4] F CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil) No. 699 of 2008 WITH ~ ## T.P. (Crl.) Nos. 327/2008 and 49/2007 Dr. Vipin Gupta, Shree Pal Singh, Govind Goel, C.D. Singh, Sunny Chowdhary, Vairagya Vardhan Dubey, Aditya Singh and Sukesh Ghosh for the Appearing Parties. G 517 H SUPREME COURT REPORTS [2008] 14 S.C.R. 518 A 8 The Judgment of the Court was delivered by **DR. ARIJIT PASAYAT,** J. 1. Though the present transfer petitions have been filed for transfer of certain cases, the cases were directed to be listed at the Supreme Court Lok Adalat which was held on 5th September, 2008. The objective was to explore the possibility of sorting out the matrimonial discords. With the assistance of the Mediators, the parties were heard and following terms for settling the disputes were arrived at: c D E "It has been agreed between the petitioner and the respondents along with their respective fathers that 1. The father of respondent agrees with the father of the petitioner that he will accept the apologies of Shri Devki Nandan Sone, father of the petitioner wife in presence of the Jatav Samaj of the respondent's father at Indore and shall forgive him for all that has happened. 2. Shri Devki Nandan Sone will pay a sum of Rs.50,000/ - to the respondent on or before 5th of November, 2008, for obtaining allotment of flat. 3. The respondent Mr. Jayesh will apply to his Company ONGC for allotment of flat at Bombay on 1 oth September, 2008. F G That respondent Mr. Jayesh, will inform the petitioner and her family at Agra about the allotment of the flat by the Company and shall go to Agra to take the petitioner with him to Bombay to set up his matrimonial house. 4. It has been agreed between the parties that they shall live as husband and wife together and that there is no other claim against each other. Cases filed by Smt. Rachana Petitioner: H - (1) ST No.123/07 Section 307 IPC SMT. RACHNA v. JAYESH 519 # [DR. ARIJIT PASAYAT, J.] -~ State Vs. Jayesh and Ors. ASJ, Agra A - (2) Case Claim No.124/2005 Rachna Vs. Jayesh Section 498A, 307, 323, 504, 506 IPC read with% D.P. Act. ... ---1 ## Cases filed by Jayesh Respondent. B - I. Petition for divorce pending at Indore Misc. 370/ 6 Family. - II. Criminal Complaint No.2284/05 titled Ramesh Chandra and Ors. v. Vijay Singh and Ors. shall c be withdrawn/quashed by the Court. ## Agreed accordingly." _---{_ 2. In view of the aforesaid agreement, the petitions are disposed of on the terms as set out above. The proceedings as noted above stand closed. S.K.S. Disposed Petition of. D