Supreme Court - Daily Orders
Archana Gupta vs Vikas Gupta on 27 August, 2020
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No(s). 2415/2019
ARCHANA GUPTA Petitioner(s)
VERSUS
VIKAS GUPTA Respondent(s)
O R D E R
Heard Mr. Kunal Chatterji, learned counsel appearing for the petitioner (wife). Also heard Mr. Satish Vig, learned counsel appearing for the respondent (husband). Both parties are personally participating in this proceeding.
Learned counsel has drawn attention to the Settlement Agreement dated 24.07.2020 to point out that the efforts made by the Supreme Court Mediation Centre led to an amicable settlement of the matrimonial dispute. As agreed thereafter, a joint application has been filed by both parties for grant of mutual divorce and for withdrawal of the cases / complaints filed against each other, by the petitioner and the respondent.
The Agreement reflects that Rs.10 lacs is to be paid by the respondent as full and final settlement of the claim of the petitioner. The respondent has paid Rs.5 lacs on the signing of the Agreement on 24.07.2020 and he is agreeable to pay balance Rs.5 Signature Not Verified lacs, on granting of the divorce decree. Digitally signed by MEENAKSHI KOHLI Date: 2020.09.01 16:39:03 IST Reason:
I have considered the submissions made by learned counsel for 1 the parties and also heard the parties present in person.
Considering the common submissions, I deem it appropriate to order for a decree of divorce between Archana Gupta and Vikas Gupta by invoking Article 142 power of the Constitution. The decree be issued.
Having regard to the current pandemic situation and the settlement between the parties, the following cases will stand closed:
i) Case No. CGR 1194 of 2018 titled as State v. Vikas Gupta and Ors. (under Sections 498A/406/34 of the IPC) FIR No. 113 of 2019 PS Bhawanipur Kolkata, pending in the Court of 7 th Judicial Magistrate Alipore Police Court, Kolkata.
ii) CRR No. 663 of 2020 titled as Archana Gupta v. State of West Bengal & Ors. challenging order dated 10 December, 2019 passed by 7th Judicial Magistrate Alipore Police Court, Kolkata, pending in the High Court at Calcutta.
iii) Case No. 1322 of 2018 titled as Archana Gupta v. Vikas Gupta and Ors., pending in the Court of 3 rd Judicial Magistrate Alipore Police Court, Kolkata u/s 13(1) of the Protection of Women from Domestic Violence Act.
iv) Matrimonial Suit No. 1219 of 2018 titled as Archana Gupta v.
Vikas Gupta, pending in the Court of 8th ADJ, Alipore u/s 13 of the Hindu Marriage Act.
v) HMA Petition No. 873 of 2019 u/s 9 of the Hindu Marriage Act, pending before the Court of Family Judge, Saket District Court, New Delhi.
2 With the above order, the Transfer Petition stands disposed of.
…....................J. [HRISHIKESH ROY] NEW DELHI;
August 27, 2020.
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ITEM NO.15 Court 6 (Video Conferencing) SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s). 2415/2019
ARCHANA GUPTA Petitioner(s)
VERSUS
VIKAS GUPTA Respondent(s)
(IA No.151709/2019-STAY APPLICATION and IA No. 76432/2020 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A.) Date : 27-08-2020 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Kunal Chatterji, AOR For Respondent(s) Mr. Satish Vig, AOR UPON hearing the counsel the Court made the following O R D E R The transfer petition stands disposed of in terms of the signed order.
(MEENAKSHI KOHLI) (BEENA JOLLY)
AR-CUM-PS COURT MASTER
[Signed order is placed on the file]
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