Muslim couple blessed with a daughter and a son, 8 years and 7 years old respectively, had a matrimonial discord after 4 years of marriage. They divorced each other. Before the Hon'ble Supreme Court of India, a Transfer Petition was filed by the petitioner-wife seeking transfer of custody of child case, which was instituted by the respondent-husband from Ld.Family court, Thrissur, Kerala to the Family Court, Pune, Maharashtra, where the petitioner-wife resided.
The Hon'ble Supreme Court referred the matter to Supreme Court Mediation Centre for amicable settlement. The process of mediation was conducted. The petitioner-wife while interacting in private sessions with the Mediator, told about maltreatment in the hands of her respondent-husband and mother-in-law which resulted in suffering, mental trauma to the petitioner-wife. As per the petitioner-wife, she was not been permitted to either talk to her parents or to any of her relatives. As per the wife, the behaviour of mother-in-law was also inimical towards her grand children and the grand children were seriously hurt with the behaviour of grandmother and resultantly the grand children always wanted to live with their mother.
Finally, the settlement was arrived at between the parties wherein both the parties undertook to withdraw all cases interse pending between them, before any Court of Law. It was agreed that respondent-husband would pay a total sum of Rs.16 lakhs towards maintenance and future expenses of their children. It was agreed that custody of daughter and son shall remain with the petitioner-wife and the father-respondent shall have only visitation rights to meet the children at Pune (Maharashtra), twice a month, subject to prior intimation to the petitioner-wife, and keeping into account convenience of the parties, and consent of the children. It was agreed that once in a calendar year during summer vacations, both the children will go and stay with father for 25 days, with the assurance by both parties, of safety and security of their children and further also that there shall not be any disturbance in their studies. It was also agreed between the parties that husband–respondent shall return all jewellery items in lieu of “Meher” fixed at the time of marriage as full and final settlement of her past, present and future claims.