Divorce - Mediation - Settlement – Husband paid Rs. 1.5 crores
to Wife and Rs. 1.5 crores for the welfare of the child - Another sum of Rs.
1.5 crores, for the purchase of a flat also paid to Wife - Criminal proceedings
pending against the husband quashed – Divorce Granted.
2019 (2) SCALE 452
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
(N.V. RAMANA) (SANJAY KISHAN KAUL) (MOHAN M. SHANTANAGOUDAR) JJ.
January 18, 2019
CIVIL APPEAL NO.1235 OF 2019
(ARISING OUT OF SLP (C) NO.11874 OF 2018)
RAHUL GUPTA Appellant(s)
Versus
SHIKHA GUPTA Respondent(s)
CIVIL APPEAL NO.1236 OF 2019
(ARISING OUT OF SLP (C) NO. 21649 OF 2018)
WITH
INTERLOCUTORY APPLICATION NO. 9138 OF 2019
For Petitioner(s) Ms. Vibha Datta Makhija, Sr.Adv. Mr. Shiv
Mangal Sharma, Adv. Mr. Saurabh Rajpal, Adv. Mr. Kartikey Bhatt, Adkv. Mr.
Prabhat Kumar Rai, Adv. For M/S. Aura & Co., AOR
For Respondent(s) Mr. Pradeep Kant, Sr.Adv. Mr. Divyanshu Sahay,
Adv. Ms. Vanshaja Shukla, AOR Mr. Sanjaye Goel, Adv.
O R D E R
1. Leave granted.
2. These appeals by special
leave are directed against two orders of the Allahabad High Court. Vide impugned interim order
dated 18.04.2018 in Application No. 03 in First Appeal No. 7561 of 2014, the
High Court dismissed the application of the appellant herein, seeking
permission to admit his daughter to a renowned school. By impugned judgment andorder
dated 30.07.2018 in Transfer Application No. 241 of 2018 the High Court
transferred Divorce Petition No. 619 of 2017 from District Court, Meerut to
District Court, Ghaziabad in favor of the respondent herein.
3. On the representation by
the learned counsel for the appellant that the disputes between the parties can
be settled amicably, notice limited to the possibility of such settlement
between the parties was granted by this Court vide order dated 18.05.2018. By order dated 12.10.2018, this Court
referred the dispute for mediation and appointed Ms. Sadhana Ramachandran,
learned counsel, as a mediator, Delhi High Court Mediation and Conciliation
Centre, to amicably resolve the dispute between the parties.
4. In compliance of the order
dated 12.10.2018, various mediation sessions were conducted jointly and
separately between the parties by the mediator. It appears that during the
mediation both the parties expressed their intent to not continue with their
marriage and decided to dissolve the marriage through mutual consent.
5. Pursuant to mediation,
both the parties have arrived at a settlement to peacefully resolve their
disputes and differences fully and finally, and entered into a Settlement
Agreement dated 15.01.2019, which has been placed on record by the learned
counsel for the appellant.
6. With the mediation
proceedings now admittedly at an end, and both parties having reached a mutual
agreement, the learned counsel for theappellant has placed Interlocutory
Application No. 9138 of 2019 before this Court for the passing of a decree of
divorce in terms of the settlement arrived at between the parties and for
quashing/disposing of the pending proceedings between the parties as mentioned
in Table No.1 of the settlement.
7. Learned counsel for the
appellant has handed over one demand draft of Rs. 1.5 crores to the learned
counsel for the respondent and another demand draft of Rs. 1.5 crores for the
welfare of the child has been handed over to the respondent – wife. In view of
this, the amount of Rs. 3 crores has already been paid. Another sum of Rs. 1.5
crores, for the purchase of a flat, will be provided within a period of six
months by the appellant.
8. Learned counsels for the
parties undertake to abide by the terms and conditions set out in the
settlement agreement.
9. It is mentioned in Table 1
of the Mediator’s Report that, altogether, there are nine cases in different
Courts between the two parties. Criminal proceedings pending against the
appellanthusband, are hereby quashed, details of which are as below:
a. Miscellaneous
Case No. 714 of 2017 before the Principle Judge, Family Court, Ghaziabad, being
an application for maintenance under Section 125, Cr.P.C.
b. Case
No. 2507 of 2017 before the Judicial Magistrate, Ghaziabad under Sections 18,
19, 20 and 21, Protection of Women from Domestic Violence Act, 2005.
c. Police
complaints dated 16.05.2017 filed before SSP Ghaziabad and Mahila Thana,
Ghaziabad.
10. The civil proceedings
pending between the parties stand compromised, details of which are as below:
a. Divorce
Petition No. 619 of 2017 filed by the appellant, pending before the Principal
Judge, Family Court, Meerut.
b. Application
under Section 26, Hindu Marriage Act in Divorce Petition No. 619 of 2017 for
custody, filed by the appellant, pending before the Principal Judge, Family
Court, Meerut.
c. Application
under Section 7, Guardian and Wards Act filed by the appellant before the
Family Court, Ghaziabad.
d. First
Appeal No. 70 of 2018 filed by the appellant and pending before the High Court
of Allahabad.
e. Appeal
No. 531 of 2018 filed by the respondent against the dismissal of counter claim
in O.S. No. 619/2017 before the Family Court, Meerut under Sections 9 and 25,
pending before the High Court of Allahabad.
f. Case
No. 1412 of 2018 filed by the respondent under Section 9, Hindu Marriage Act
and pending before the Family Court, Ghaziabad.
11. All the aforementioned
criminal as well as civil proceedings, mentioned in Table 1 of the Mediator’s
Report, hereby stand disposed of in terms of the settlement agreement arrived
at between the parties.
12. So far as the divorce is
concerned, since the parties have agreed to go their separate ways, taking into
consideration the terms of settlement and the facts and circumstances of the
case, we hereby dissolve the marriage of the parties in exercise of our powers
under Article 142 of the Constitution of India and grant a decree of divorce.
The parties will remain bound by the terms of their settlement.
13. Interlocutory application
No. 9138 of 2019 is, accordingly, allowed.
14. The Mediator’s Report as
well as the Settlement Agreement dated 15.01.2019 be made a part of this order.
15. The appeals stand disposed
of. Pending applications, if any, shall also stand disposed of.