Supreme Court - Daily Orders
Alka Jain vs Naveen Jain on 16 May, 2023
Bench: Ajay Rastogi, Bela M. Trivedi
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION(CRIMINAL) NO(S).34 OF 2021
ALKA JAIN ….PETITIONER(S)
Versus
NAVEEN JAIN AND OTHERS ….RESPONDENT(S)
ORDER
The prayer in this petition is for transfer of Complaint Case No.4698 of 2009 (New No.1875 of 2019), under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending before the Ld. Additional Civil Judge (Senior Division)/A.C.J.M., Ghaziabad, Uttar Pradesh to the competent Court at Tis Hazari, Delhi.
The marriage between the petitioner wife and respondent husband was solemnized according to Hindu rites, rituals and customs on 21st November, 2002 at Ghaziabad, U.P. and from this wedlock one male child namely, Aman Jain was born on 23 rd August, 2003. Thereafter due to minor differences between the parties, they started living separately since 17 th December, 2004. The said child is now major and doing Engineering, living with his mother. Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2023.05.17 17:32:39 IST Reason: 1 After hearing the matter, both the parties have consented that if the matter is sent for mediation, they may explore the possibility of settlement of their matrimonial differences through the process of mediation. Taking note of the wishes of the parties, this Court by an order dated 15th December, 2022 directed the parties to appear for mediation before the Coordinator, Supreme Court Mediation Centre for settlement of their matrimonial differences.
In the course of the mediation proceedings, the parties were unable to settle their matrimonial differences and the failure report was sent by the Supreme Court Mediation Centre dated 3 rd February, 2023. It reveals from the record that thereafter the parties took their self decision that it will be in their own interest if they find some amicable solution of their matrimonial differences and with the assistance of their wellwishers, the parties have entered into a deed of settlement dated 10th May, 2023 and it was amicably resolved that let the pending dispute instituted at the instance of either parties arising from this matrimonial relation may be quashed and set aside on the terms and conditions which have been amicably settled between the parties. A copy of the deed of settlement has been duly signed by the parties in the presence of the witnesses of the respective counsel. 2 The deed of settlement dated 10th May, 2023 has been taken on record. It has been agreed upon between the parties that they may jointly request this Court to grant a decree of divorce by consent under Section 13B of the HMA.
Along with learned counsel for the parties, the petitioner wife and respondent husband are present through virtual mode. The petitioner has stated that all matrimonial differences have been settled in terms of the deed of settlement. Both the parties in the presence of their counsel have requested this Court to grant a consent decree of divorce by exercising its jurisdiction under Article 142 of the Constitution taking into consideration the deed of settlement arrived at between the parties dated 10th May, 2023.
In view of the terms of the deed of settlement dated 10th May, 2023 and the statement made by the parties, we are satisfied that there is an overall settlement of the matrimonial dispute and the parties have voluntarily agreed to dissolve their marriage by mutual consent.
In the deed of settlement, the parties have jointly stated that due to matrimonial discord, there is an irretrievable breakdown of marriage and they have decided to withdraw the allegations which 3 have been levelled in the course of different proceedings initiated between the parties inter se and wants to bury all their past, present and the future acrimonies and disputes arising out of their matrimonial relation and do not want to indulge in any manner to interfere between the affairs of each other in future in any respect and means including on the social media etc. and have decided to dissolve their marriage by mutual consent.
We have gone through the records and find that both the parties are well educated and are fully aware of their rights and obligations, and living separately since 17th December, 2004 and because of their irresolvable dispute and on their personal introspection, both of them are persuaded that it will be in their joint interest if they dissolve their marriage with mutual consent after taking aid of Section 13B of the HMA.
When it has not been possible to live together and to discharge their matrimonial obligations towards each other and are residing separately since 17th December, 2004 and have been litigating for quite long time and having not reconciled to live together, this Court finds no reason in the circumstances to prolong their agony any further and more so, when they have settled their matrimonial differences amicably to dissolve their marriage by mutual consent as 4 indicated in the deed of settlement dated 10th May, 2023.
In the above circumstances, in our view, this is one of those cases where we may invoke and exercise our jurisdiction under Article 142 of the Constitution.
The cases of which details have been furnished in the deed of settlement are as under: i) CASE CRIME NO.815/2004 CASE NO.1295/2005 U/S 498A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, Police Station – Kavi Nagar, Ghaziabad, U.P. Pending before Court – Ld. Chief Judicial Magistrate Ghaziabad ii) CASE CRIME NO.137/2009 FIR No.119, dated 08.05.2009 U/S 323, 506 IPC with P.S – Civil Line Meerut, U.P. Case No.2383 of 2009 pending before Judicial Magistrate, Court No.5, Meerut, U.P. (Crl. Misc. Application U/s 482 No.34631 of 2010 titled Smt. Alka Jain and Ors. vs. State of U.P. and Anr. Pending before Hon’ble High Court of Judicature at Allahabad)
iii) CASE CRIME NO.5273 of 2015 NCR No.42/2009, dated 10.05.2009 U/S 323, 504, 506 IPC with P.S. – Civil Line Meerut, U.P. Pending before Ld. Additional Chief Judicial Magistrate, Court No.4, Meerut, U.P. (Crl. Misc. Application U/s 482 No.13428 of 2017 titled Naveen Kumar Jain & Ors. Vs. State of U.P. and Anr. pending before Hon’ble High Court of Judicature at Allahabad)
iv) Complaint CASE NO.1009/2018 Titled Alka Jain Versus Naveen Jain & Other, pending before Ld. Fast Track Court 1st, Civil Judge (Junior Division) Ghaziabad (Proceeding U/s 12 DV Act) v) CASE NO.13/2020 Titled Alka Jain Versus Naveen Kumar Jain, pending before Ld. Family Court – 3, Ghaziabad (Proceedings U/s 24 of HMA)
vi) EXECUTION CASE NO.1007/2013 5 Titled Alka Jain Versus Naveen Jain, pending before Ld. Family Court – 3, Ghaziabad (Proceedings U/s 126(3) Cr.P.C.) vii) CASE NO.160/2020 Titled Naveen Kumar Jain Versus Alka Jain, pending before Ld. Family Court – 3, Ghaziabad (Proceedings U/s 127 Cr.P.C.)
viii) Execution CASE NO.75/2019 Titled Alka Jain Versus Naveen Jain, pending before Ld. FTC 1st Civil Judge (Junior Division) Ghaziabad (Proceedings U/s 31 DV Act) ix) CASE NO.116/2021 Titled Naveen Jain Versus Alka Jain, Appeal u/S 31 DV Act, pending before Ld. ADJ12, Ghaziabad.
x) CASE NO.164/2022 Titled Naveen Jain Versus Alka Jain, Appeal u/S 31 DV Act, pending before Ld. ADJ3, Ghaziabad.
xi) Complaint Case No.4698 of 2009 (New No.1875 of 2019), under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending before the Ld. Additional Civil Judge (Senior Division)/A.C.J.M., Ghaziabad, Uttar Pradesh The aforesaid proceedings which admittedly arising from this matrimonial relation stand closed.
We accordingly, direct that Divorce Case No.904 of 2010 under Section 13(1)(b) of the Hindu Marriage Act, 1955, titled Naveen Kumar Jain vs. Alka Jain, pending before the Ld. Family Court3, Ghaziabad be transferred to this Court and convert the present petition into proceedings under Section 13B of the HMA and by invoking our jurisdiction under Article 142 of the Constitution, we grant them a decree of divorce by mutual consent, as jointly prayed by them.
6 Accordingly, the present petition stands disposed of.
Registry is directed to prepare the decree in compliance of this order and make it available to both the respective parties.
Parties are at liberty to file a copy of this order before the concerned Court for necessary orders to close the pending proceedings in compliance of orders of this Court.
Parties to bear their own cost.
Pending application(s), if any, shall stand disposed of.
……..…………………J. (AJAY RASTOGI) ……..…………………J. (BELA M. TRIVEDI) NEW DELHI;
MAY 17, 2023.
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ITEM NO.1 COURT NO.4 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)(Criminal) No(s). 34/2021
ALKA JAIN Petitioner(s)
VERSUS
NAVEEN JAIN & ORS. Respondent(s)
IA No. 80786/2022 - APPLICATION FOR PERMISSION IA No. 88099/2023 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A. IA No. 10562/2021 - APPROPRIATE ORDERS/DIRECTIONS IA No. 160489/2022 - EXEMPTION FROM FILING O.T. IA No. 10563/2021 - EXEMPTION FROM FILING O.T. Date : 16-05-2023 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Mrs. S.janani, Adv.
Mr. Jitender Bharti, Adv.
Mr. Rahul Gupta, AOR
For Respondent(s) Mr. Satpal Singh, AOR
Mr. Govind Choudhary, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is disposed of in terms of the signed order.
Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (VIRENDER SINGH)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER
(Signed order is placed on the file)
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