Supreme Court - Daily Orders
Manbir Singh vs Sarabjit Kaur on 22 April, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.4804 OF 2014
(Arising out of SLP(C)No.35962 of 2013)
MANBIR SINGH .......APPELLANT
VERSUS
SARABJIT KAUR .....RESPONDENT
O R D E R
Leave granted.
This appeal has been preferred by the appellant-husban
d
against the order dated 27.06.2013 passed by the High Court of Gujarat at
Ahmedabad in Miscellaneous Civil Application (for transfer) No.2036 of
2012. By the impugned order, the High Court allowed the application and
directed to transfer the proceedings of HMP No.305 of 2011 pending in the
Family Court, Ahmedabad to the Civil Courts (Sr.Division) at Pata
n,
Gujarat.
Pursuant to the Court’s notice, respondent appeared and the
parties were directed to appear in person on 15.04.2014. The respondent
has expressed his willingness to settle the dispute with the appellant if
an amicable settlement is reached in the Court. Today, both the parties
appeared in person in Chambers and after some discussion, they have filed
Joint Compromise Memo, which reads as follows:
"1. That both the parties herein, i.e. Manbir Singh, S/o
Ravinder Singh Dang hereinafter referred to as the ‘Petitioner’
and Sarabjeet Kaur, daughter of Sh. Harvinder Singh Ahuja, have
mutually agreed to settle all their disputes and bring an end
to all litigation pending between the parties, on the terms and
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conditions as mentioned hereunder. The Parties hereby agree and
file the Joint Compromise Memo as under:
a. The Petitioner hereby agrees to pay the Respondent a
sum of Rs.15 Lakhs towards permanent alimony, to be
paid by way of RTGS transfer to the account of the
Respondent on or before 30.6.2014.
b. The ornaments and other ‘streedhan’ of the Respondent
which has been seized by the Police and are lying in
the custody of Ld.JMFC Sidhpur in Criminal Case
No.414/10, shall be returned to the Respondent. The
Petitioner hereby states that he shall have no claim
upon the same and the said ornaments belong to the
Respondent. In terms thereof, the Petitioner shall
give a consent purshis before the Ld.JMFC Sidhpur in
Criminal Case No.414/10. The Respondent agrees that
she has no further claim on any other
ornaments/jewellery.
c. Any article of the Petitioner seized by the Police
which of course will not include streedhan shall be
returned to the Petitioner like Laptop, Mobile Phone,
Digital Camera.
d. The Petitioner agrees that any other belongings of the
Respondent lying with the Petitioner shall be returned
to her.
e. The Petitioner undertakes that all photographs/videos
of the Respondent, if any, lying with the Petitioner
would be returned to the Respondent. However, the
Petitioner has clearly stated that none lies with him.
f. In terms of the settlement and upon payment of the
money mentioned above, the Respondent agrees to
withdraw the civil and criminal proceedings instituted
against the petitioner and/or his family being the
following-
(i) Regular Civil Suit No.28 of 2010 pending
before the Civil Court, Sr.Div. at Patan,
Gujarat;
(ii) Criminal Case No.414/10 pending in the Court
of Ld.JMFC, Siddhpur, Patan, Gujarat;
(iii) Criminal Revision Application No.49 of 2013
pending in the District Court, Patan.
g. In terms of the settlement, the Petitioner will
withdraw the divorce petition, being HMP No.61/13
pending in the Court of Civil Judge, Sr.Div.Patan.
h. In the above terms, the Hon’ble Court may be pleased
to pass a decree of divorce by mutual consent.
i. Parties agree that they have no other
claims/counterclaims against each other of whatsoever
nature.
2. Both the parties will be bound by the terms of the
present application and unconditionally undertake to this
Hon’ble Court to honour their undertakings mentioned herein
above. Both the parties undertake not to institute any
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proceedings against each other upon the terms being complied
with in any Courts in India. No further litigation/complaint
shall be entered upon by the parties either civil or criminal
for any cause of action mentioned in any of the petitions filed
or any allegation made in any correspondence between the
parties.
PRAYER
In view of the aforesaid facts and circumstances and in the
interest of justice, it is most respectfully prayed that this
Hon’ble Court may be graciously pleased to:
a) Record the aforesaid terms of settlement already arrived
at between the parties; and
b) Pass such other or further order(s) as this Hon’ble Court
may deem fit and proper in the facts and circumstances of
the case and to meet the ends of justice."
In view of the aforementioned terms of settlement, we call for
the records of the following cases and pass the following order:
(i) Regular Civil Suit No.28 of 2010 pending before the Civil
Court, Sr.Div. at Patan, Gujarat is dismissed as withdrawn.
(ii) Criminal Case No.414/10 pending in the Court of Ld.JMFC,
Siddhpur, Patan, Gujarat is quashed.
(iii) Criminal Revision Application No.49 of 2013 pending in the
District Court, Patan, Gujarat is quashed.
(iv) The records of Divorce Petition being HMP No.61/13 pending
in the Court of Civil Judge, Sr.Div.Patan is dismissed as
withdrawn.
Further, exercising the power under Article 142 of the Constitution
of India, the Petition under Section 13B of the Hindu Marriage Act, 1955
is allowed and a decree of divorce by mutual consent is passed.
The ornaments and other ‘streedhan’ of the respondent which has
been seized by the Police and are lying in the custody of Ld.JMFC Sidhpur
in Criminal Case No.414/10 shall be returned to the respondent.
Any article of the appellant seized by the Police like Laptop,
Mobile Phone, Digital Camera etc. shall be returned to the appellant-
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Manbir Singh.
The aforesaid order is subject to payment of permanent alimony to
be paid by the appellant-husband in favour of the respondent-wife in
terms of clause 1(a) of the Joint Compromise Memo within the time
stipulated therein, failing which the respondent-wife shall be at liberty
to file an application before this Court for initiation of appropriate
proceedings against the appellant.
The order dated 27.06.2013 passed by the High Court is set aside
and the appeal is disposed of in terms of the Joint Compromise Memo.
.............................J.
(SUDHANSU JYOTI MUKHOPADHAYA)
.............................J.
(DIPAK MISRA)
NEW DELHI;
APRIL 22, 2014.
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ITEM NO.301 COURT NO.12 SECTION IX
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 (Civil) No(s).35962/2013
(From the judgement and order dated 27/06/2013 in MCA No.2036/2012
of The HIGH COURT OF GUJARAT AT AHMEDABAD)
MANBIR SINGH Petitioner(s)
VERSUS
SARABJIT KAUR Respondent(s)
(With prayer for interim relief and office report)
Date: 22/04/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
HON’BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Ms.Divya Anand, Adv.
Mr. Anirudh Sharma, Adv.
For Respondent(s) Mr.Siddharth Dave, Adv.
Mr.Shubhranshu Padhi, Adv.
Mr. Nirnimesh Dube, Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the Joint Compromise Memo.
(Satish K.Yadav) (Usha Sharma) Court Master Court Master
( Signed order is placed on the file ) N.B.: Original Joint Compromise Memo is attached herewith.