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Supreme Court grant divorce through Virtual Hearing during Covid-19

Due to pandemic of Covid-19, the government taking lots of precaution especially by courts. In courts there is a lots of chances of spreading of virus. Due to which lots of cases were pending. But Indian Judicial System find a way to deliver the justice without any delay and stop spreading of virus, through virtual hearing.

The Supreme Court recently on June 12, 2020 in the case of Madhuri Jajoo v. Manoj Jajoo in Transfer Petition (civil) No. 833 of 2019 has allowed the first petition of divorce by mutual consent, through virtual hearing.

On 23.09.2019, Supreme Court referred the parties to Supreme Court Mediation Centre for mediation and parties have come out with the amicable settlement. The settlement agreement was formed and signed by parties dated 05.11.2019. Referring the matter to Supreme Court Mediation was made by Honourable Justice L. Nageswara Rao and Honourable Justice Hemant Gupta.

Final Settlement agreement entered by parties voluntarily on the following terms and conditions as stated:
  1. Both the parties hereto connfirm and declare that they have, voluntarily and of their own free will have decided not to live together as husband and wife and have arrived at this Settlement in the presence of the Mediator.
     
  2. The parties shall jointly request and pray for divorce by mutual consent under Article 142 of the Constitution of India before Honble Supreme Court of India and for withdrawing and quashing all cases filed by the parties against each other and their family members. The parties shall file a joint application before by 05.05.2020.
     
  3. In case the Honble Supreme Court grants divorce under Article 142 of the Constitution of India, the second party shall pay an amount of Rs. 57,50,000 (Rupees Fifty Seven Lakh Fifty Thousand only) to the First Party in her name Madhuri Jajoo by way of Electronic Modes as full and final settlement on account of her stridhan, maintenance, alimony past present and future.
     
  4. On or before 15.11.2019, the First Party shall intimate the bank account number and other RTGS details through Counsel/AOR to the second party/ Counsel/AOR, in which the Second shall remit the said amount.

    In the agreement they have disclosed the mode of payment and period of payment:
    • RTGS/Online Transfer for an amount of Rs. 25,00,000 (Rupees Twenty Five Lakh only) on or before 25.11.2019 to the First party Ms. Madhuri Jajoo.
    • RTGS/Online Transfer for an amount of Rs. 16,00,000 (Rupees Sixteen Lakh only) on or before 05.02.2020 to the First party Ms. Madhuri Jajoo.
    • RTGS/Online Transfer for an amount of Rs. 16,50,000 (Rupees Sixteen Lakh Fifty Thousand only) on or before 05.05.2020 to the First party Ms. Madhuri Jajoo.
       
  5. It is also agreed that both parties shall conduct themselves in proper manner and treat each other with dignity and shall not speak ill or cast any aspersions about each other.
     
  6. Both the parties agree and undertake that they have settled all their disputes and grievances amicably against each other and against their family members. Further, they shall not file any proceedings, whether criminal or civil against each other or their family members in any forum or stake any claim on the movable or immovable, joint or ancestral, self acquired or HUF properties of the either party or their family.
     
  7. Both the parties undertake that henceforth they will not file any civil/criminal complaint or any case against each other or their family members with regard to the present matrimonial alliance/dispute.
     
  8. The party shall close the joint locker maintained at S.B.I., Kothaguda, Hyderabad on or before 15.12.2019. The First Party shall visit the said branch on or before 15.12.2019 with prior intimation to the Second Party and the Second party shall also visit the said branch along with First Party to close the said joint locker. The contents of the locker, if any, shall belong to the First Party.
     
  9. By signing this agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of Mediation.

The settlement agreement between the parties have been heard before the Supreme Court and seeing the mutual terms and condition agreed by them and all the payment made to the applicable party as agreed mentioned in agreement, the Honourable Justice V. Ramasubramanian disposed the transfer petition and grant the divorce attended through “Virtual Hearing” on June 12, 2020.

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