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Sulekha vs Pradeep Pachouri on 12 April, 2019

Bench: Uday Umesh Lalit, Indu Malhotra

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                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL NO. 3924 OF 2019
                                    (@ out of SLP (c) No(s).35214/2015


     SULEKHA                                                              Petitioner(s)

                                                      VERSUS

     PRADEEP PACHOURI                                                     Respondent(s)

                                                    O R D E R

Leave granted.

Suit No.28 of 2007 (HMA) instituted by the respondent-husband seeking divorce under Section 13 of the Hindu Marriage Act was dismissed by the District Judge, Bhind vide order dated 28.02.2008. First Appeal No.129 of 2008 arising therefrom was allowed ex-parte by the High Court of Madhya Pradesh, Bench at Gwalior by its order dated 30.10.2014.

Since the dismissal of the divorce petition was set aside and decree of divorce was granted ex-parte, this appeal is preferred by the appellant-wife. This Court issued notice on 14.11.2015 and directed the parties to maintain status quo.

It appears that as directed by the High Court, the respondent- husband made over a sum of Rs.5 lakhs to the appellant-wife over a period of time and the last instalment was paid sometime October, 2015.

Digitally signed by JAYANT KUMAR ARORA Date: 2019.04.16 18:52:02 IST Reason:

On previous occasions, we had impressed upon the parties to settle the matter but it appears that no settlement was arrived at.

It is also a part of the record that by order dated 23.05.2006, the Magistrate had awarded maintenance in favour of the appellant-wife in the sum of Rs.3000/- per month and nothing was paid in that behalf. There was thus non-compliance of the order and that order had attained finality.

In the circumstances, we set aside the order granting ex-parte decree for divorce and restore the appeal back to its file for fresh consideration by the High Court. We request the High Court to decide the appeal as early as possible and preferably within six months from the receive of this order.

The amount of Rs.5 lakhs which was made over by the respondent-husband to the appellant-wife in terms of the order of the High Court shall not be refunded or re-transferred. The appellant-wife is entitled to keep that amount. The status of that amount shall also be determined by the High Court while considering the merits of the First Appeal.

With these observations, we allow this appeal leaving all the questions of law open. No costs.

........................J. (UDAY UMESH LALIT) .......................J. (INDU MALHOTRA) New Delhi, April 12,2019.

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ITEM NO.45                 COURT NO.8                SECTION IV-A

                S U P R E M E C O U R T O F      I N D I A
                        RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)     No(s).   35214/2015

(Arising out of impugned final judgment and order dated 30-10-2014 in FA No. 129/2008 passed by the High Court Of M.P. At Gwalior) SULEKHA Petitioner(s) VERSUS PRADEEP PACHOURI Respondent(s) Date : 12-04-2019 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MS. JUSTICE INDU MALHOTRA For Petitioner(s) Mr. Purushottam Sharma Tripathi, AOR Mr. Mukesh Kr. Singh, Adv. Mr. Ravi Chandra Prakash, Adv Mr. Mohit Kaushik, Adv.

Ms. Vani Vyas, Adv.

Mr. Abhishek Tripathi, Adv. Mr. Shantanu Jughawat, Adv. Mr. Amit, Adv.

For Respondent(s) Dr. Ajay Kumar, Adv.

Mr. Kaushal Yadav, AOR Mr. Nandlal Kumar Mishra, Adv. Ms. Ankita Agarwal, Adv. Ms. Shweta Yadav, Adv.

Mr.Pramod Kr., Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed in terms of the signed order.

Pending applications, if any, shall also stand disposed of.

    (INDU MARWAH)                                    (SUMAN JAIN)
    COURT MASTER                                    BRANCH OFFICER

(signed order is placed on the file)