SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Praveen Singh Ramakant … vs Neelam Praveen Singh Bhadauriya on 1 May, 2019

1

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4541 OF 2019
(@ SPECIAL LEAVE PETITION (CIVIL) NO. 30555 OF 2013)

PRAVEEN SINGH RAMAKANT BHADAURIYA …APPELLANT(S)

VERSUS

NEELAM PRAVEEN SINGH BHADAURIYA …RESPONDENT(S)

J U D G M E N T

R. BANUMATHI,J.

Leave granted.

2. Being aggrieved by the judgment and order dated

29.05.2013 passed by the High Court of Allahabad in Second

Appeal No. 641 of 2013, in which the High Court has

dismissed the appeal preferred by the appellant and thereby

declining to dissolve the marriage.

3. The appellant and the respondent were married on

07.05.1998. A girl child was born out of the said wedlock

and she is now aged about 18 years. Due to strained

relationship, the parties are living separately. The

appellant-husband has filed a suit for dissolution of

marriage
Signature Not Verified
before the Family Court, Mumbai, which was
Digitally signed by
MADHU BALA
Date: 2019.05.06
15:32:18 IST
Reason: subsequently transferred to Etawah District Court, Uttar

Pradesh. The Trial Court dismissed the divorce petition

filed by the appellant by judgment dated 09.11.2009. The
2

appeal preferred by the appellant was also dismissed by the

District Court by the judgment dated 29.11.2012. The High

Court also dismissed the second appeal preferred by the

appellant-husband. Being aggrieved, the appellant is before

us.

4. We have heard Mr. Ashok Mathur, learned counsel

appearing on behalf of the appellant as well as Mr. Rajesh

Aggarwal, learned counsel appearing on behalf of the

respondent.

5. When the matter was pending before this Court, the

parties were referred to mediation and the parties have

amicably settled the matter. The parties have also filed a

separate application agreeing for dissolution of marriage by

mutual consent invoking the powers under SectionArticle 142 of

Constitution of India. As per the settlement between the

parties, the appellant-husband has agreed to pay

Rs.10,00,000/- (Rupees ten lakhs) to the respondent-wife

(paid today by way of post-dated cheque No. 000278 drawn in

favour of respondent-wife viz. Neelam Singh dated 11th May,

2019 drawn on Bank of Baroda) in full and final settlement

of her claims towards monthly maintenance past, present and

future and in full quit of all other claims. Additionally,

the appellant has agreed to pay Rs.3,00,000/- by way of FDR

in the name of the daughter payable within a period of three

months from today. He has also agreed to contribute another

one lakh at the time of solemnization of the marriage of the

daughter. The parties have also agreed that all the pending
3

cases between the parties shall be withdrawn or they will

agree for quashing the respective cases.

6. Since the parties have amicably settled the matter,

considering the facts and circumstances of the case, in

exercise of our power under SectionArticle 142 of the Constitution

of India, the marriage of the appellant and the respondent

solemnized on 07.05.1998 is dissolved. The following terms

of Compromise between the parties shall form part of this

judgment which reads as under:

“4. Both the parties hereto, had earlier
arrived at an amicable mutual settlement on
the following terms and conditions for
divorce by mutual consent, before the
mediation centre.

5. It was agreed between the parties
that they will pray for
withdrawing/quashing before the Hon’ble
Court/s to dispose of/quash the following
pending cases, as mutually settled:

i. In the Court of CJM, Etawah,
UP Case No. 1537/2009 Neelam vs.
Pravin (under Section 125 CrPC)
including its appeal before
Allahabad High Court.

ii. In the Court of ACJM, Etawah,
Case No. 186 of 2009 Neelam Vs.
Pravin (under SectionDomestic Violence
Act)

iii. Before Special Anti Dakait
Magistrate Case No. 323 of 2006
Praveen Vs. Ramender.

iv. Case under Section 396 IPC
pending before Hon’ble High Court
of Allahabad, Uttar Pradesh.

v. Before CJM Etawah Case No. 65
4

of 2002 Neelam vs. Pravin others
under Section 498A IPC.

vi. Before ACJM , Etawah, Case No.
506 of 2002 Neelam Vs.Pravin
Others under Section 406 IPC

vii. Any other case amongst the
parties before any other courts, if
any.

6. The parties shall pray before the
Hon’ble Court for the passing of the decree
of divorce by mutual consent invoking the
powers under SectionArticle 142 of the Constitution
of India.

7. The petitioner-husband had agreed to
pay Rs.10,00,000/-(Rupees Ten Lacs only) to
the respondent-wife viz. full and final
settlement of all her claims towards monthly
maintenance past present and future,
stridhan, belongings and any other claim
whatsoever.

8. The applicant wife desired a further
sum for the marriage and educational expenses
for her daughter to be deposited in the
shape of FDR in the name of daughter “Janhavi
Singh”. When the said aspect was brought to
the knowledge of this Hon’ble Court in last 2
hearings, it was orally agreed upon by the
opposite side; and the matter was adjourned
for filing the necessary documents.

8A. One FDR of Rs.3,00,000/- (Rupees three
lakhs) shall be paid to daughter within three
months and Rs.1,00,000/-(Rupees one lakh)
shall be paid at the time of marriage of the
daughter”.

7. So ar as other cases are concerned, as and when the

application is made before the concerned Court, the concerned

Court shall pass the appropriate orders in view of the

settlement arrived at between the parties.

8. In case of non-compliance of the terms of compromise,
5

the parties would be liable for contempt of this Court in

addition to other remedies available under law.

9. The Registry shall draft the decree accordingly.

10. The appeal is disposed of in above terms.

……………………………………………..J.

[R. BANUMATHI]

NEW DELHI ……………………………………………J.

1ST MAY, 2019 [S. ABDUL NAZEER]

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation