Supreme Court - Daily Orders
Shilpi Suman vs Rajeev Prakash on 19 August, 2019
Bench: N.V. Ramana, Ajay Rastogi, Surya Kant
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IN THE SUPREME COURT OF INDIA
CIVIL/CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No.424 OF 2018
SHILPI SUMAN ......PETITIONER
VERSUS
RAJEEV PRAKASH .....RESPONDENT
WITH
T.P.(CRL.)NO.499 OF 2018
T.P.(C)NO.1548 OF 2018
O R D E R
T.P.(C)No.424 of 2018 Heard learned counsel for the parties and perused the record.
In view of the Settlement Agreement dated 17.01.2019 arrived at between the parties in T.P.(Crl) No.499/2018 and T.P. (C)No.1548/2018, nothing further survives to be adjudicated in the instant petition and the same stands disposed of as such.
As a sequel to the above, pending interlocutory applications also stand disposed of.
The parties are directed to abide by the terms of Settlement Agreement dated 17.01.2019 in its letter and spirit. T.P.(Crl.)NO.499 of 2018 and T.P.(C)No. 1548 OF 2018 Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date: 2019.08.23 10:09:10 IST By order dated 3.10.2018, matters were sent to the Supreme Reason: Court Mediation Centre for the amicable settlement of disputes between the parties. Pursuant to the said order, Mediation Report 2 has been received from the Supreme Court Mediation Centre along with the Settlement Agreement dated 17.01.2019 duly signed by the parties and their advocates in which it has been mentioned that all the disputes and differences between the parties have been amicably settled in terms of the Settlement Agreement, which is a part of the record. It is further stated therein that the parties have executed the Settlement Agreement without any coercion, duress or collusion.
During the course of hearing, learned counsel for the petitioner submits that a joint application has been filed for disposal of T.P.(C)No.1548/2018 as compromised between the parties and for waiver of the cooling off period when the parties will approach the Family Court(South), Saket, New Delhi for dissolution of their marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1956.
Having heard learned counsel for the parties, we are of the considered opinion that according to the judgment rendered by this Court in Amardeep Singh vs. Harveen Kaur, (2017) 8 SCC 746, the petitioner is at liberty to move the concerned Family Court for waiver of the cooling off period. If such an application is filed by the parties, the concerned Family Court is directed to consider the same in the light of the judgment rendered by this Court in Amardeep Singh’s case(supra).
The transfer petitions are accordingly disposed of in terms of the Settlement Agreement dated 17.01.2019.
As a sequel to the above, pending interlocutory applications also stand disposed of. 3 The parties are directed to abide by the terms of Settlement Agreement dated 17.01.2019 in its letter and spirit.
.........................J. (N.V. RAMANA) .........................J. (AJAY RASTOGI) .........................J. (SURYA KANT) NEW DELHI;
AUGUST 19, 2019.
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ITEM NO.39 COURT NO.3 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).424/2018 SHILPI SUMAN Petitioner(s) VERSUS RAJEEV PRAKASH Respondent(s) (FOR ADMISSION and IA No.36384/2018-STAY APPLICATION Mediation Report received in T.P. (Crl.) No. 499 of 2018 and T.P. (C) No. 1548 of 2018 IA No. 95898/2018 - EXEMPTION FROM FILING O.T. IA No. 97879/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 36384/2018 - STAY APPLICATION WITH T.P.(Crl.) No. 499/2018 (XVI-A) (FOR STAY APPLICATION ON IA 120356/2018 IA No. 120356/2018 - STAY APPLICATION) T.P.(C) No. 1548/2018 (XVI-A) (FOR ADMISSION and IA No.123787/2018-STAY APPLICATION mediation report recd.
IA No. 123787/2018 - STAY APPLICATION Date : 19-08-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Bankey Bihari, AOR Mr.Abhay Kumar, Adv.
In T.P.(C)424/18 Mr.A.K.Trivedi, Adv.
Mr.Abinash K.Trivedi, Adv.
Ms.Ritika Trivedi, Adv.
Mr.Saurabh Mishra, AOR Mr.Onkar Singh, Adv.
Mr.Arun Verma, Adv.
For Respondent(s) Ms.Prerna Singh, Adv. In TP(C)424/18 Mr. Shantanu Sagar, AOR Mr. Shantanu Kumar, AOR UPON hearing the counsel the Court made the following O R D E R 5 T.P.(C)No.424 of 2018 The petition stands disposed of in terms of the signed order.
As a sequel to the above, pending interlocutory applications also stand disposed of.
The parties are directed to abide by the terms of Settlement Agreement dated 17.01.2019 in its letter and spirit. T.P.(Crl.)NO.499 of 2018 and T.P.(C)No. 1548 OF 2018 The transfer petitions are disposed of in terms of the Settlement Agreement dated 17.01.2019.
As a sequel to the above, pending interlocutory applications also stand disposed of.
The parties are directed to abide by the terms of Settlement Agreement dated 17.01.2019 in its letter and spirit.
(SATISH KUMAR YADAV) (RAJ RANI NEGI)
AR-CUM-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)