Respondent has filed a petition for restitution of companyjugal rights under section 9 of the Hindu Marriage Act, 1955 in Gwalior bearing No.
Similarly, petitioner and his family members will also have numberclaim against the respondent and her family members.431/2008.
1052/2008.
It appears that there were some irreconcilable differences between the parties and despite companycerted and serious efforts the parties were number able to resolve their disputes and were living separately since 10.10.2007.
The Petitioner has filed two Transfer Petitions bearing TP C number 1052 of 2008 and TP Cr1 No.431 of 2008 before this Court inter alia praying transfer of the petition u s 9 of the Hindu Marriage Act, 1955 filed by the Respondent pending before the Chief Judge, Family Court at Gwalior and transfer of proceedings under section 125 Criminal Procedure Code, 1973 filed by Respondent pending before the Chief Judge, Family Court at Gwalior MP .
The details of the litigations between the parties are as follows The petitioner has filed a case petition under Section 13 1 ia read with Section iii of the Hindu Marriage Act, 1955 titled Aviral Bhatla v. Bhawna Bhatla bearing case No.48/07 which is pending in the companyrt of Mr. Ashok Bhardwaj, ASG Gurgaon, Haryana.
11.08 before Ld.
Respondent has filed an FIR bearing No.
Respondent has filed a case under The Protection of Women from Domestic Violence Act, 2005 being companyplaint case number 3086/1/2007 dated 03.11.07, under section 12 of the Domestic Violence Act, which is pending in the companyrt of Ms. Veena Rani Metropolitan Magistrate at Patiala House, New Delhi.
It appears that after the transfer petitions were filed before this Court, learned companynsel for the parties made efforts to bring about a companyprehensive settlement of the disputes relating to the matrimonial discord.
The Mediation Centre of the Delhi High Court also played a vital role in arriving at a settlement.
That petitioners father has filed a case bearing Case No.
18664/1/08 titled as MK Bhatla V. Chitvan Sharma ors.
Further more the petitioner agrees and undertakes to hand over all the household articles as mentioned in settlement agreement dated 14.
68/2007 dated 26.11.2007, against Petitioner and his family members under Section 406 r w 34 and 498A of the IPC read with section 4 of Dowry Prohibition Act which is pending investigation in Mahila Police Station Padav, Gwalior.
501 a /07 against the Petitioner pending before Ms. Saroj Maheshwari Jain, Chief Judge, Family Court, Gwalior.
Respondent has filed a petition u s 125 Criminal Procedure Code, 1973 being case No.435 of 2007 titled as Bhavna Bhatla Aviral Bhatla, pending before Ms. Saroj Maheshwari Jain, Chief Judge, Family Court, Gwalior MP .
The agreed terms of settlement are as follows That the Petitioner agrees and undertakes that he shall pay an amount of Rs.12 lacs Rupees Twelve Lacs to Respondent in the form of a Pay Order in favour of Ms. Bhavna Bhatla, at the time of making of statements grant of divorce quashing of all the criminal and civil proceedings as a full and final settlement of all her claims.
The said proceedings have been stayed by this Honble Court in the Transfer Petition No.
The parties were married on 20.1.2006 at Surajkund, Haryana.
Dr. ARIJIT PASAYAT, J. These transfer petitions have been filed by Aviral Bhatla hereinafter referred to as the husband seeking transfer of several cases pending before learned Chief Judge, Family Court, Gwalior, in proceedings under Section 9 of the Hindu Marriage Act, 1955 in short the Act and Section 125 of the Code of Criminal Procedure, 1973 in short the Code .
