Supreme Court - Daily Orders
Jean Andrien Fenelon vs Anne Priya Doris on 15 December, 2014
Bench: Sudhansu Jyoti Mukhopadhaya, N.V. Ramana
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.11200-11201 OF 2014
(Arising out of SLP (C) Nos.17622-17623/2014)
JEAN ANDRIEN FENELON Appellant(s)
VERSUS
ANNE PRIYA DORIS Respondent(s)
O R D E R
Leave granted.
These appeals have been preferred by the appellant-husband against Judgment and Order dated 14th November, 2013 passed by the High Court of judicature at Madras in Civil Miscellaneous Appeal Nos.1662 and 1663 of 2013.
By the impugned judgment, the High Court made the following observations and issued the following directions:-
“27. Under such circumstances, this Court feels that to meet ends of justice, it would be appropriate that the award of Rs.7000/-, ordered by the civil court is reduced to Rs.4,000/- per month and the other amount awarded towards litigation and transportation stands confirmed.
28. As far as the return of jewels is concerned, it is the specific plea of the respondent that after the marriage, she left for Karaikal along with her jewels where the custody were given to the appellant. Only in the year 2006, she was allowed to go to Vellore to appear for her MBA exam and she has not taken her jewels back.
29. To contradict this allegation, the stand taken by the appellant is that she left Karaikal along with her jewels. As rightly pointed out by the Court such stand is not convincing. Therefore, we have no reason to Signature Not Verified interfere with the other application also.Digitally signed by Vishal Anand Date: 2015.01.07 16:37:11 IST
30. In the result, Reason:
(a) C.M.A. No. 1662 of 2013 is modified to the effect that the appellant/husband is directed to pay and interim maintenance of Rs.4,000/- per month to the respondent/wife instead of Rs.7,000/- per month.2
(b) C.M.A. No. 1663 of 2013 is dismissed and the order passed by the learned District Judge, Thiruvannamalai in I.A. No. 32 of 2007 in IDOP No. 8 of 2007 dated 12-3-2013 stands confirmed.
No costs. Consequently, connected Mps are closed.” On the request of the parties, the matter was referred to the Supreme Court Mediation Centre. By letter dated 1 st November, 2014, the Supreme Court Mediation Centre forwarded a Settlement Agreement reached between the parties, the relevant portion of the said Settlement Agreement reads as follows:-
“The parties have voluntarily and with their consent arrived at an amicable settlement through the process of mediation on the terms set out hereunder:-
1. That the parties have agreed that the marriage be declared as null and void and annulled being not consummated between the parties because of certain disputes. The parties have agreed to request this Hon'ble Court to grant such decree.
2. That the parties have agreed that the petitioner will pay to the respondent a total sum of Rs.15,00,000/-
(Rs. Fifteen Lakhs only) viz. full and final settlement of all her claims towards alimony, maintenance (past, present and future), Stridhan, belongings and any other claim whatsoever. The said sum of Rs.15,00,000/- (Rs.
Fifteen Lacs only) will be paid by the
petitioner-husband to the Respondent-wife by way of
demand draft in the name of “ANNE PRIYA DORIS” payable at Vellore, Tamil Nadu within three months from today.
3. It is agreed between the parties that the respondent-wife will withdraw the case No. I.O.D.P. No.8 of 2007 which is pending before the Court of Ld. District Judge, Tiruvannamalai, Tiruvannamalai District, 3 Tamil Nadu filed against her husband/petitioner.
4. That the parties have agreed that they will not communicate or send message to each other or any member of their respective relatives and friends with regard to this matrimonial alliance.
5. That subject to the aforesaid terms, the parties have resolved all the dispute amicably in relation to their marriage and have been left with no claims against each other or their respective family members.
6. The parties have agreed and undertake not to litigate or raise any claim in future in relation to the marriage against each other or their respective family members.
7. By signing this Agreement, the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties through the process of mediation.
8. The parties undertake to abide by the terms and conditions set out in the above mentioned Agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.” The aforesaid Settlement Agreement dated 1st November, 2014 has been signed by the appellant, respondent, their respective Advocates apart from sister of the respondent, the father of the respondent and the Mediator, Supreme Court Mediation Centre.
In terms of Settlement Agreement dated 1st November, 2014, learned counsel appearing on behalf of the appellant brought three Demand Drafts i.e., (i) bearing No.296946 dated 6-12-2014 in the sum of Rs.6,00,000/- drawn in favour of the respondent, (ii) bearing No.296947 dated 6-12-2014 in the sum of Rs.7,00,000/- 4 drawn in favour of the respondent and (iii) bearing No.296950 dated 6-12-2014 in the sum of Rs.2,00,000/- drawn in favour of the respondent, all issued by the Andhra Bank and these have been handed over to learned counsel for the respondent in the Court today.
In view of the Settlement Agreement arrived at between the parties, we set aside the impugned Judgment and Order dated 14 th November, 2013 passed by the High Court of judicature at Madras in Civil Miscellaneous Appeal Nos.1662 and 1663 of 2013 and dispose of the appeals in terms of the Settlement Agreement reached between the parties.
The parties are given liberty to file petition before the Court of competent jurisdiction where the wife is residing for declaration of the marriage to be null and void for being not consummated because of certain disputes between the parties.
If such petition is filed by the parties jointly before the Court of competent jurisdiction, it will pass appropriate decree in terms of the Settlement Agreement within two weeks from the date of filing or date of appearance of the parties.
The appeals stand disposed of in terms of Settlement Agreement dated 1-11-2014 and observations as made above.
............................J (SUDHANSU JYOTI MUKHOPADHAYA ............................J (N.V. RAMANA) NEW DELHI;
DECEMBER 15, 2014.
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ITEM NO.60 COURT NO.4 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NOS.11200-11201 OF 2014 (@Petition(s) for Special Leave to Appeal (C) No(s). 17622-17623/2014 (Arising out of impugned final judgment and order dated 14/11/2013 in CMA No. 1663/2013 and 14/11/2013 in CMA No. 1662/2013 passed by the High Court Of Madras) JEAN ANDRIEN FENELON Petitioner(s) VERSUS ANNE PRIYA DORIS Respondent(s) (With appln. (s) for exemption from filing O.T. and interim relief and office report) Date: 15/12/2014 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. B. Karunakaran, Adv.
Mr. S. Gowthaman,Adv.
For Respondent(s) Devi G. Balaji, Adv.
Ms. Mahalakshmi Pavani, Adv.
Ms. Athira Nair, Adv.
M/s. Mahalakshmi Balaji & Co.,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals stand disposed of in terms of the signed order.
(VISHAL ANAND) (SUMAN JAIN)
COURT MASTER COURT MASTER
(Signed Order is placed on the file)