Disposed

Shilpi Sharma Alias Tripti v. Love Sharma Alias Sonu

Rajasthan HC5 Jul 2018CTA/120/2017

Case brief

AI extract

What is this about?

The High Court disposed of a transfer application filed by a wife seeking transfer of a divorce petition. The parties mediated, settled the dispute amicably, withdrew pending cases, and received the agreed alimony, prompting the court to drop the transfer proceeding.

What did the court decide?

The transfer application was disposed of as the parties amicably settled the dispute and withdrew pending cases.

Shilpi Sharma Alias Tripti Vs Love Sharma Alias Sonu — Matrimonial and Divorce | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 120/2017

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Shilpi Sharma @ Tripti W/o Shri Love Sharma D/o Shri Bhole, Shankar Sharma , B/c Brahmin, R/o 462/27, Railway School, Johnsganj, Ajmer Presently Residing At 44/49, Madhyam Marg, Kiran Path, Mansarovar, Tehsil Sanganer, Distt. Jaipur Raj.

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----Petitioner

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Versus

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Love Sharma @ Sonu S/o Shri Ashok Kumar Sharma, B/c Brahmin , R/o 39, Ganga Ram Nagar, Gopalpura, Byepass, Tehsil Sanganer, District Jaipur Raj.

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----Respondent

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For Petitioner(s)	:	Ms. Shikha Parnami Smt. Shilpi Sharma @ Tripti, petitioner present in person
For Respondent(s)	:	Mr. Chitrank Sharma Mr. Love Sharma @ Sonu, respondent present in person

¶9

HON'BLE MR. JUSTICE PRAKASH GUPTA

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ORDER

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05/07/2018

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Instant transfer application has been filed by the petitioner-wife seeking transfer of Petition No.173/2017, titled Love Vs. Shipli, filed by the respondent-husband under Section 13 of the Hindu Marriage Act pending before Family Court No.1, Jaipur Metropolitan, Jaipur to Family Court, Ajmer.

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On 05.01.2018 when the matter was listed before this Court, at the joint request of the parties the matter was referred to Mediation Centre, Rajasthan High Court, Jaipur Bench, Jaipur for amicable settlement of the dispute. Both the parties were directed to appear before the Mediation Centre on 19.01.2018 and

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(2 of 3)

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[CTA-120/2017]

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the matter was ordered to be listed before the Court after the report of mediation proceedings is received.

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On 19.01.2018 both the parties appeared before the Mediator and the matter was fixed for 09.02.2018. Thereafter on 06.04.2018 when the matter was listed before the Mediation Centre, both the parties amicably decided to settle the dispute. Mediation proceedings drawn on 06.04.2018 read as under:-

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“Smt. Shilpi Sharma along with her advocate Smt. Shikha Parnami & Sh. Love Sharma along with his advocate Sh. Chitrank Sharma present. Both the parties have amicably decided to settle the present case under the following terms & conditions:-

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1. That Sh. Love Sharma, Husband (Respondent) has agreed to pay the sum of Rs.7,00,000/- (Seven Lac only) to his wife in terms of demand draft as permanent alimony.

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2. That Smt. Shilpi Sharma, applicant will invest the entire money i.e. Rs.7,00,000/- (Seven Lac only) in form of Kisan Vikas Patra or any other investments which she deems proper in the name of her son Heyaan Sharma aged 3-1/2 years.

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3. The said draft in terms of Rs.7,00,000/(Seven Lac only) will be paid on 7^th May, 2018 in the Mediation Center before the Mediator.

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4. That both the parties have amicably decided that Sh. Love Sharma will not meet his son Heyaan after seeking the decree of divorce by mutual consent.

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5. That Sh. Love Sharma and any of his family members will never claim for the custody of Heyaan during their lifetime.

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6. That Smt. Shilpi will not give her son Heyaan Sharma in adoption to any body.

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7. That Smt. Shilpi will always write the name of Love Sharma as father of Heyaan wherever required.

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8. That after receiving the said amount of Rs.7,00,000/- (Seven Lac only) Smt. Shilpi will not

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(3 of 3)

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[CTA-120/2017]

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have any right of claim in any property of Sh. Love Sharma or any of his ancestral property.

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9. That after receiving the draft of 7^th May, 2018, both the parties will withdraw all cases which are pending in any court against each other.

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10. That both the parties will move an application under Section 13(B) for mutual consent before the court concerned with immediate effect.

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Next date fixed is 07.05.2018.”

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In light of the afore-quoted terms and conditions of mediation proceedings dated 06.04.2018, the parties have withdrawn all cases pending between them and on 25.05.2018 petitioner-Smt. Shilpi Sharma has received a Demand Draft dated 07.05.2018 of Punjab National Bank, Jaipur, amounting to Rs.7,00,000/-, as permanent alimony, issued in her favour.

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Both Smt. Shilpi Sharma, petitioner and Shri Love Sharma, respondent who are present in the Court along with their Counsel have prayed that since they have amicably settled the dispute, therefore, in light of the compromise arrived at between them, the instant transfer application may be disposed of.

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In view the joint prayer made by both the parties and in terms of the compromise arrived at, the present transfer application is disposed of accordingly.

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(PRAKASH GUPTA),J

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KKC/9

Shilpi Sharma Alias Tripti v. Love Sharma Alias Sonu

Case brief

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Shilpi Sharma Alias Tripti v. Love Sharma Alias Sonu

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