Supreme Court - Daily Orders
Chetali @ Varsha vs Digvijay Gajkeshwar (Joshi) on 19 July, 2023
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 165 OF 2022
CHETALI @ VARSHA PETITIONER
VERSUS
DIGVIJAY GAJKESHWAR (JOSHI) RESPONDENT
O R D E R
By order dated 16.11.2022, parties were referred to the Supreme Court Mediation Centre for exploring the possibility of settlement.
Parties have entered into Settlement Agreement dated 15.03.2023. This Court sought the confirmation from the petitioner
- Chetali @ Varsha regarding her consent to the settlement agreement being fully aware of the terms thereunder. Awaiting such confirmation, the matter was passed over to interact with her through video conferencing mode.
The petitioner – Chetali @ Varsha joined the proceeding through video conferencing mode, and affirms her signatures on the Settlement Agreement dated 15.03.2023. Having interacted with Chetali @ Varsha, we are of the opinion that she is aware of the Signature Not Verified terms Digitally signed by of the Settlement Agreement dated 15.03.2023. She has Deepak Guglani Date: 2023.07.22 13:08:43 IST accepted Reason:
having received payment of Rs.10,00,000/- (Rupees ten lakhs only).2
The respondent – Digvijay Gajkeshwar (Joshi) is present in- person along with his counsel and accepts and admits his signatures on the Settlement Agreement dated 15.03.2023 and the terms mentioned thereunder. The Settlement Agreement is also signed by the learned counsel for the parties, the father of the respondent – Digvijay Gajkeshwar (Joshi), as well as the Mediator.
Parties had got married on 11.02.2017 at Dhule, Maharashtra. For over two years, they have been residing separately in view of the temperamental differences, which have not been abridged. Parties have a male child born on 02.08.2018.
The Settlement Agreement dated 15.03.2023 is taken on record. Both the parties have agreed to a decree of divorce by mutual consent. As the parties have been living separately for more than 26 months, we accept their prayer for exercise of our power under Article 142 of the Constitution of India. Accordingly, we pass the decree of divorce dissolving the marriage between Chetali @ Varsha and Digvijay Gajkeshwar (Joshi).
To bring the inter se litigations to an end, we deem it appropriate to quash and set aside the legal proceedings mentioned in paragraph 16 of the Settlement Agreement dated 15.03.2023, which are as under, in exercise of our power under Article 142 of the Constitution of India:
“16. The details of the litigation pending is as under: -
S.No. Case Number Parties Name Court
1. RCS HM/665/2020 Digvijay vs. Chaitali Ld. Family (Divorce Petition) @ Varsha Court, Indore (M.P.) 3
2. MJC(GW)/53/2020 Pravin Gajkeshwar & Ld. Family (Custody petition Another vs. Digvijay Court, Indore filed by the Grand & 2 others (M.P.) Parents)
3. Cr.M.A. No. 871/2020 Chaitali @ Varsha vs. Ld. JMFC Dhule (Matter under the Digvijay & 8 others (MH) PWFDV Act)
4. RCC/146/2021 (Matter State of Maharashtra Ld. JMFC, Dhule related to 498A of vs. Digvijay & 7 (MH) Cr.P.C.) others
5. WP/351/2021 Digvijay vs. State of Hon’ble High Maharashtra & Another Court of Aurangabad
6. WP/352/2021 Digvijay & Others vs. Hon’ble High Chaitali @ Varsha Court of Aurangabad
7. MJC(GW)/91/2021 Master Devansh Ld. Family (Custody petition through Father Court, Indore filed by the Grand Digvijay vs. Chaitali (M.P.) Parents) @ Varsha
8. Cr. Appeal No. Digvijay & Others vs. Ld. Sessions 70/2022 Chaitali @ Varsha Court, Dhule (M.H.)
9. MP/1213/2022 (U/A 227 Master Devansh Hon’ble High and under G&W Act) through Father Court of M.P., Digvijay vs. Chaitali Bench at Indore @ Varsha
10. Cr. Appeal No. Digvijay & Othres vs. Ld. Sessions 04/2023 Chaitali @ Varsha Court, Dhule (M.H.)” Parties will be at liberty to place a copy of this order before the concerned High Court/trial Court, where proceedings are pending.
It is directed that the parties will be bound by the terms and conditions mentioned in the Settlement Agreement dated 15.03.2023. In case there is any violation of the terms and conditions, especially with regard to the guardianship and visitation rights towards the child (referred to in paragraph nos. 7 to 15 of the Settlement Agreement dated 15.03.2023), it will be 4 open to the party aggrieved, to approach the Family/Guardianship Court for appropriate orders and directions. It will be open to the Family/Guardianship Court to pass appropriate orders, including orders to ensure effective enforcement and protection of the legal rights of the parties.
Recording the aforesaid, the transfer petition is disposed of.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (BELA M. TRIVEDI) NEW DELHI;
JULY 19, 2023.
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ITEM NO.1 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 (CIVIL) NO. 165 OF 2022 CHETALI @ VARSHA PETITIONER VERSUS DIGVIJAY GAJKESHWAR (JOSHI) RESPONDENT (IA No. 14044/2022 - EXEMPTION FROM FILING O.T. AND IA No. 14046/2022 - STAY APPLICATION) Date : 19-07-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Subodh S. Patil, AOR For Respondent(s) Mr. Anshuman Sinha, Adv.
Mr. Vijay Pandey, Adv.
Mr. Vijay Prakash, Adv.
Mr. Udayan Sinha, Adv.
Ms. Jaikriti S. Jadeja, AOR Ms. Pragya Sharma, Adv.
Mr. Nikhil Pandey, Adv.
Mr. Hemant More, 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 application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)