ALOK MISHRA versus GARIMA MISHRA

Citation: [2009] 3 S.C.R. 886 · Decided: 27-02-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off
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Judgment (excerpt)

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[2009] 3 S.C.R. 886 
ALOK MISHRA 
V. 
GARIMA MISHRA 
(Transfer Petition (Civil) No.445 of 2008) 
FEBRUARY 27, 2009 
[DR. ARIJIT PASAYAT, D.K. JAIN AND DR. 
MUKUNDAKAM SHARMA, JJ.] 
MA TR/MON/AL LAW: 
Dissolution of marriage -
Parties entering into 
agreement before Lok Ada/at -
HELD: In view of the 
settlement between the parties, the marriage stands dissolved 
- Lok Ada/at. 
During the pendency of the transfer petitions arising 
out of the matrimonial dispute, the parties, with the efforts 
of the mediators of the Delhi High Court Mediation and 
Conciliation Centre, arrived at a settlement before the 
Supreme Court Lok Adalat. 
Disposing of the transfer petitions, the Court 
HELD: The settlement which appears to be in the 
interest of the parties is accepted. It is accepted that the 
requisite steps to give effect to the settlement have been 
taken. In view of the settlement, the marriage between the 
parties stands dissolved by virtue of this order. [Para 2] 
[889-H; 890-A-B] 
CIVIL APPELLATE JURISDICTION : Transfer Petition 
(Civil) No.445 of 2008. 
Anupam Lal Das and Arpit Gupta for the Appellant. 
Umesh Babu Chaurasia, C.P. Singh, M.P Singh and 
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ALOK MISHRA v. GARIMA MISHRA 
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; 
Rameshwar Prasad Goyal for the Respondent. 
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The Judgment of the Court was delivered by 
DR. ARIJIT PASAYAT, J. 1. These transfer petitions were 
listed in the Supreme Court Lok Adalat held on 7th February, 
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2009. With the efforts of the mediators of the Delhi High Court 
Mediation and Conciliation Centre, the parties had arrived at 
a settlement which reads as follows: 
"This SETTLEMENT AGREEMENT is entered into on 6th 
day of February, 2009 between: 
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Shri Alok Mishra (Husband), Son of late Shri Jaiprakash 
Mishra, C/o Mr. Adrash Mishra, Rio A-10, LG Housing 
Society, Sector Pie, Greater Noida, Dist. Gautam Budh 
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Nagar, Uttar Pradesh and Smt. Garima Mishra (Wife), W/ 
o Shri Alok Mishra, R/o HIGO - 6, Dhanwantri Nagar, 
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Jabalpur, Madhya Pradesh. 
WHEREAS: 
1. 
Disputes and differences had arisen between the 
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Parties hereto leading to filing of Transfer Petition 
(Civil) No.870/2007 and Transfer Petition (Civil) 
No.445/2008 before the Hon'ble Supreme Court of 
India. 
2. 
The matter was referred to Mediation and 
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Conciliation Centre Delhi High Court for exploring 
the possibilities of settlement between the parties. 
3. 
The parties agreed that Ms. Kamlesh Mahajan and 
Mr. lnderbir Singh Alag, Advocates would act as 
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their Conciliators/Mediators in the matter of 
Mediation and Conciliation proceedings. 
4. 
The parties pursuant to discussions, deliberations 
and negotiations held with the assistance and help 
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5. 
SUPREME COURT REPORTS 
[2009) 3 S.C.R. 
of the Mediators have resolved their disputes/ 
differences and have agreed to dissolve their 
marriage on the following terms and conditions: 
(i) 
The husband, namely, Alok Mishra would pay 
a total sum of Rs.8,50,000/- (Rupees Eight 
Lakhs Fifty Thousand only) to the wife, 
namely, Garima Mishra as full and final 
settlement towards the rights of the wife 
towards alimony, maintenance, etc. which the 
wife accepts for a full and final settlement of 
her rights towards the alimony, maintenance, 
etc. in the following manner: 
(a) 
Rs.3,00,000/- by way of cheque dated 
7.2.2009; 
(b) 
Rs.2,75.000/- by way of a post-dated cheque 
dated 22.2.2009; and 
(c) 
Balance amount of Rs.2,75,000/- by way of 
post-dated cheque dated 7.3.2009. 
(ii) 
The husband assures that the said cheques 
would be good on presentation, would have 
sufficient funds in the accounts for honouring 
all the above cheques. 
The husband would return the following items and 
other miscellaneous items to the wife on 7.2.2009 
at the Hon'ble Supreme Court: 
From mother's side to the wife 
(i) 
Necklace 
(ii) 
Teeka 
(iii) 
Paya I 
ALOK MISHRA v. GARIMA MISHRA 
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[DR. ARIJIT PASAYAT, J.] 
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(iv) 
Bichiya 
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(v) 
Chain 
(vi) 
Locked suitcase (with sarees inside) 
Gifted to the Husband 
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(i) 
Chain 
(ii) 
Two rings 
(iii) 
Watch 
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(iv) 
Silver coins 
6. 
That on the above terms and conditions, the parties 
have resolved their disputes and would request the 
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Hon'ble Supreme Court of India to pass necessary 
orders/decree for dissolving the marriage between 
the parties. 
7. 
That both the parties will withdraw proceedings, if 
any, civil or criminal, instituted by them against each 
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other. 
8. 
By signing th
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