Supreme Court - Daily Orders
Shivani Singh vs Anubhav Bhushan on 7 August, 2023
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 1833/2021
SHIVANI SINGH PETITIONER(S)
VERSUS
ANUBHAV BHUSHAN RESPONDENT(S)
O R D E R
This petition is filed under Section 25 of the Code of Civil Procedure, 1908 (for short “CPC”) seeking the following reliefs:
“(a) Transfer case HMA No.365/2021 titled as Dr. Anubhav Bhushan vs. Dr. Shivani Singh from the Court of Principal Judge Family Courts, Gorakhpur Uttar Pradesh to a court of competent jurisdiction/Family Court, Shahdara District, Karkardooma Courts, Delhi; and may also
(b) Pass such other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” Learned counsel for the respective parties submitted that during the pendency of this petition the matter was referred to the Supreme Court Mediation Centre to explore the possibility of a settlement between the parties.
Learned counsel for the respective parties further submitted that the parties have arrived at a Memorandum of Understanding-cum- Settlement Deed and the terms of the settlement are on record.
They further submitted that an application has been filed under Article 142 of the Constitution seeking dissolution of their marriage by a decree of divorce by mutual consent. Therefore, this Signature Not Verified Digitally signed by RADHA SHARMA Transfer Petition could be disposed of by taking on record the Date: 2023.08.11 09:54:52 IST Reason: Settlement Deed and considering the application filed under Article 1 T.P. (C) No.1833/2021 142 of the Constitution and divorce by mutual consent may be granted on the terms stated in the said Settlement Deed.
The parties are present before this Court. They have been identified by their respective counsel.
When queried by this Court, they stated that they have indeed arrived at a settlement of their mutual differences and have signed a Memorandum of Understanding-cum-Settlement Deed before the Supreme Court Mediation Centre. They further stated that they have filed an application seeking dissolution of their marriage by a decree of divorce by mutual consent. They have also stated that they have arrived at a settlement on their own free volition without there being any coercion or undue influence from any side.
In the circumstances, we have taken on record the Memorandum of Understanding-cum-Settlement Deed as well as the application filed under Article 142 of the Constitution. On perusal of the same, we find that one of the terms of the settlement is that the respondent would pay a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) to the petitioner herein. The petitioner states that she has received the sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) in full and final settlement of all her claims as against the respondent.
Learned counsel for the respective parties also submitted that the cases filed inter se between the parties and the proceedings in that regard may be quashed.
2 T.P. (C) No. 1833/2021 In the circumstances, the following cases and proceedings may be quashed:
S.NO. Case Details Next Date of
Hearing
1. M.T. Case No.492/2021 U/s.125 Cr.P.C 11.08.2023
titled as “Dr. Shivani Singh V/s. Dr.
Anubhav Bhushan”
Pending in the court of Sh. Devender Kumar Ld. Judge Family Court, Karkardooma Courts Shahdara, Delhi
2. CT CASE NO. 838/2021 U/s 12 D.V. Act 02.11.2023 titled as “Shivani Singh V/s Dr. Anubhav Singh, & Ors.” Pending in the Court of Ms. Isra Zaidi, Ld. MM, Mahila Court, Karkardooma Court, Shahdara, Delhi.
3. HMA No.660/2021 U/s 12(1) (a) HMA titled as 17.07.2023 “Shivani Singh V/s. Anubhav Bhushan” The said Pending in the Court of Sh. Devender Kumar matter has Ld. Judge Family Courts, Karkardooma been Courts, Delhi. dismissed in default for non appearance of parties
4. FIR No.295/2021 dated 20.09.2021 U/s. Pending 498A/406/34 IPC pertaining to Police Investigation Station: G.T.B. Enclave, Delhi, titled as “State V/s. Anubhav Bhushan & Ors.” Pending investigation /trial before competent court of law.
5. HMA Petition No.365/2021 dated 17.03.2021 Stayed by U/s 13 1(i) b, HMA titled as Dr. Anubhav Hon’ble Apex Bhushan vs. Dr. Shivani Singh pending in Court the court of Principal Judge, Family Court, Gorakhpur.
3 T.P. (C) No. 1833/2021 The submission of the learned counsel for the parties is accepted and the aforesaid Civil and Criminal cases/proceedings stand quashed.
Having perused the terms of the settlement between the parties, we find the same to be lawful and we do not find any legal impediment in accepting the same.
The terms of settlement shall be read as part and parcel of this order.
In the circumstances, by exercising powers under Article 142 of the Constitution, the marriage between the parties stands dissolved by a Decree of Divorce by mutual consent.
The Registry to draw up a Decree in the aforesaid terms. Consequently, the Transfer Petition (C) No.1833 of 2021 stands disposed of in the aforesaid order.
Pending application(s), if any, shall stand disposed of.
.......................J. ( B.V. NAGARATHNA ) .......................J. ( UJJAL BHUYAN ) NEW DELHI;
AUGUST 7, 2023
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ITEM NO.1 COURT NO.15 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 (CIVIL) NO(S).1833/2021
SHIVANI SINGH Petitioner(s)
VERSUS
ANUBHAV BHUSHAN Respondent(s)
(IA No. 133060/2021 - EXEMPTION FROM FILING O.T. IA No. 133058/2021 - STAY APPLICATION) Date : 07-08-2023 This matter was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Rajeshwar Singh, Adv.
Ms. Neeraj Singh, Adv.
Mr. Gaurav Dhingra, AOR Mr. Sidharth Salini, Adv.
Mr. Dipanker Pokhriyal, Adv.
Mr. Raghvendra Shukla, Adv.
For Respondent(s) Mr. Amarjit Singh Bedi, AOR Mr. Nishant Solanki Arguing Counsel, Adv. Mr. Varun Chandiok, Adv.
Ms. Riya Seth, Adv.
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 which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH) 5