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)
NEELAM PRAVEEN SINGH BHADAURIYA …RESPONDENT(S)
J U D G M E N T
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
Signature Not Verified
before the Family Court, Mumbai, which was
Digitally signed by
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
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
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
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
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
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
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
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
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
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
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
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,
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.
NEW DELHI ……………………………………………J.
1ST MAY, 2019 [S. ABDUL NAZEER]