Smt. Shweta Singh vs Anil Kumar Singh

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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TRANSFER APPLICATION (CIVIL) No. - 237 of 2025

Smt. Shweta Singh

.....Applicant(s)

Versus

Anil Kumar Singh .....Opposite Party(s) Counsel for Applicant(s) : Vinod Kumar Pandey, Sandhya Bharti Counsel for Opposite Party(s) : Sheo Prakash Singh, Hemant Kumar

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Court No. - 19

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HON'BLE SYED QAMAR HASAN RIZVI, J.

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Heard Ms. Sandhya Bharti, learned counsel for applicant and Shri Shiv Prakash Singh, learned counsel for opposite party and perused the material available on record.

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By means of the present Transfer Application filed under Section 24 of the C.P.C., the petitioner has prayed following relief:-

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"Wherefore, it is most respectfully prayed that the proceedings of the Case No. 1465 of 2024 under Section 13 of the Hindu Marriage Act, 1955 (Anil Kumar Singh Vs. Smt. Shweta Singh) pending before the learned Principal Judge, Family Court, Raebareli may be transferred to any other court of Family Court, Pratapgarh."

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It is informed by learned counsel appearing for their respective parties that this matter was referred to the Mediation & Conciliation Centre of this Court vide order dated 17.12.2025 and in pursuance of said order, both the parties participated in mediation proceedings that culminated as successful mediation. The contesting parties in the said mediation proceedings have executed an agreement dated 19.02.2026, copy whereof is available on record along with report of mediation centre.

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The terms and conditions of the aforesaid settlement, are being quoted herein below:-

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A. That both the parties namely Shweta Singh (Wife) and Anil Kumar Singh (husband) have

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agreed to live separately in future and dissolve their marriage with mutual consent. For the purpose of dissolution of their marriage, the parties have agreed to file a joint petition for divorce U/S 13-B of Hindu Marriage Act, 1955 before the Principal Judge Family Court, Lucknow on or before 10.03.2026 Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavor to obtain a decree of divorce in terms of this settlement at the earliest.

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B. That the Second Party has agreed to pay and the First Party has agreed to receive a sum of Rs. 13,00,000/- (Rupees Thirteen Lakhs only) towards one time full and final settlement of all the claims of the First Party against the Second Party, including the claim for permanent alimony.

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C. That both the parties agree that the aforesaid amount of Rs. 13,00,000/- (Rupees Thirteen Lakhs only) would be paid to the First Party/wife in two installments through Demand Drafts/NEFT/RTGS. The first installment of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand only) will be paid by the Second Party/husband to the First Party/wife on the date of entering into settlement agreement before Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand only) will be paid by the Second Party/husband to the First Party/wife at the time of second motion in the joint petition filed Under Section 13-B, Hindu Marriage Act, 1955 before Family Court, Lucknow. There are two Transfer Applications in which mediation has been conducted. The amount of alimony of Rs. 13,00,000/- (Rupees Thirteen Lakhs only) remains the same for both the cases.

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D. That the Second Party/husband has handed over a Demand Draft No.00050 dated 18.02.2026 amounting to Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand only) drawn on Bank of India to the First Party/wife today i.e.19.02.2026 towards payment of aforesaid first installment. The Second Party acknowledges

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receipt of the said Demand Draft.

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E. That the parties have exchanged their belongings and articles given at the time of their marriage.

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F. That the parties have agreed to withdraw/ not pursue the case filed by them against each other and against their family members and have no objection if the Court concerned decides the cases in terms of this settlement agreement. The details of the case filed by the parties are as under:

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(i) Case No. 1464 of 2024 (Smt. Shweta Singh Vs. Anil Kumar), under Section 144 of B.N.S.S. filed in the the Court of learned Principal Judge, Family Court, Raebareli..

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(ii) Case No. 1165 of 2024, under Section 13 of Hindu Marriage Act, 1955 filed in the Court of learned Principal Judge, Family Court, Raebareli.

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(iii) Complaint Case No.2770 of 2024 U/S 12 of D. V. Act pending in the Court of ACJM, IInd, Court No. 12, Raebareli.

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G. That the First Party will not press the TRANSFER APPLICATION (CIVIL) No.240 of 2025 (Smt. Shweta Singh Vs. Anil Kumar Singh) and connected case bearing TRANSFER APPLICATION (CIVIL) No.237 of 2025 (Smt. Shweta Singh Vs. Anil Kumar Singh) in terms of this Settlement Agreement.

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H. That the parties have agreed that in addition to the above-mentioned cases, if any other case is pending between the parties and/or any of their family members, it shall also be disposed off in terms of this settlement agreement and both the parties agree to co-operate to end all the litigation between the parties and their family members.

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I. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal

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or civil proceedings in respect of present dispute.

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J. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. The Parties further agree that in case the First Party fails to cooperate in the divorce proceedings, she shall return the money received by her to the Second Party along with interest @9% p.a. with effect from the date of receipt of the amount and till the date of its actual payment. In case the Second Party fails to attend and cooperate in the divorce case, the amount received by the First Party from the Second Party shall not be returned by the First Party and it will be open for the First Party to reopen the case which would stand disposed of in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum.

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By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in TRANSFER APPLICATION (CIVIL) No.240 of 2025 (Smt. Shweta Singh Vs. Anil Kumar Singh) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation.

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Learned counsel appearing for their respective parties categorically submitted that since both the parties have amicably settled their dispute and entered into a written compromise, therefore, the aforesaid case is liable to be disposed of at this stage.

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Learned counsel for applicant has filed a supplementary affidavit along with an application for extension of time having Diary No. 9478 of 2026. In the said application the applicant, inter-alia, has prayed for relaxation of the cooling period to pass decree of divorce mutually and for a direction to decide the Case No. 778 of 2026 under Section 13-B of the Hindu Marriage Act pending before learned Principal Judge, Family Court, Lucknow.

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In support of his submission, reliance has been placed on the judgment of the Apex Court in the case of Amardeep Singh vs. Harveen Kaur - (2017) 8 SCC 746 , to contend that the Apex Court after considering the

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provisions of Section 13-B(2) of the Act, 1955 has held that the period mentioned in Section 13-B(2) is not mandatory but directory and it will be open to the Court concerned to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.

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In view of above, learned counsel for applicant shall be at liberty to file an appropriate application before the court concerned within a week from today. In case such an application is filed before court concerned, the same shall be considered and pass an appropriate orders on the said application in accordance with law at the earliest keeping in view the law laid down by the Apex Court in Amardeep Singh (supra).

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In the wake of the aforesaid development, nothing remains to be adjudicated in this transfer application, therefore the same is consigned to record being disposed of.

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(Syed Qamar Hasan Rizvi,J.)

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April 22, 2026

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Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shweta Singh v. Anil Kumar Singh

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Smt. Shweta Singh v. Anil Kumar Singh

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