ANUSHA SHRIVASTAVA Vs. VIKASH NIGAM

JUDGEMENT

(1.) The marriage of the parties to this petition was solemnised at Bhopal (Madhya Pradesh) under the Special Marriage Act, 1954 ('the Act of 1954') on 23.03.2018. It is not in dispute that the parties had lastly lived together as husband and wife at Gurugram (Haryana).

(2.) On 29.09.2018, the respondent-husband filed a petition for annulment of marriage under Sections 25(i) and 25(iii) and for declaring the marriage void under Section 24(1)(i) of the Act of 1954 before the Principal District Judge, Family Court, Gurugram (Haryana). The petition so filed by the respondent-husband, being HMA No. 1114 of 2018, was taken up for consideration and the petitioner-wife was served with the notice on 08.11.2018. Thereafter, the petitioner -wife filed the present transfer petition seeking transfer of the original case pending before the Principal District Judge, Family Court, Gurugram (Haryana) to the Family Court, Bhopal (Madhya Pradesh). In this petition, notices were issued 13.12.2018 and further proceedings in the said original petition were ordered to remain stayed.

(3.) After appearance of the parties, when the matter was taken up for consideration on 15.06.2020, the Court found it just and proper to refer the parties to Supreme Court Mediation Centre to explore the possibility of mediated settlement. Thereafter, the Mediation Centre sent its report dated 21.01.2021 pointing out, inter alia, that the parties have arrived at a settlement and an agreement to that effect was executed on 02.01.2021.