Supreme Court - Daily Orders
Lavanya vs Ramakrishnan. S on 12 September, 2019
Bench: R. Banumathi, A.S. Bopanna
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No(s). 2113 OF 2016
LAVANYA Petitioner(s)
VERSUS
RAMAKRISHNAN S. Respondent(s)
O R D E R
R, BANUMATHI, J.
1. This transfer petition is filed by the petitioner-wife seeking transfer of divorce petition being O.P.(DIV) No.1654 of 2013 titled “Ramakrishnan S. v. Lavanya” pending before the Family Court of Ernakulam, Kerala, to the Family Court, Coimbatore, Tamil Nadu.
2. During the course of hearing, the parties have amicably settled the matter and have filed the Memorandum of Settlement along with an application under Section 13-B of the Hindu Marriage Act. Both the parties are present in the Court in- person and they are also represented by their respective counsel. Both the parties have stated that they have voluntarily and willingly settled the matter amicably and pray for dissolution of marriage by mutual consent on exercising the power of this Court under Article 142 of the Constitution of India.
Signature Not Verified
3. Digitally signed by MAHABIR SINGH Date: 2019.09.18 In terms of the Memorandum of Settlement/Compromise, the 17:05:04 IST Reason:
respondent-husband has today paid a sum of Rs.30,00,000/- (Rupees Thirty Lakhs) by way of D.D.NO.003003 dated 06.09.2019 2 drawn in favour of the petitioner-Lavanya Narayanaswamy from IDBI Bank, Mampilly Plaza, Hill Palace Road, Tripunithura- 682301, and Rs.5,00,000/- (Rupees Five Lakhs) dated 09.09.2019 in the name of the minor son-Pranav R. Subramanian from IDBI Bank, Triuchirapally-Rohini City Square, Ground Floor, Door NO.57-A, Salai Road, Trichy, Tamil Nadu – 620018, which have been received by the petitioner-wife in the Court. The above amount is paid in full quit of all claims payable to the petitioner. The Memorandum of Settlement contains the terms regarding the permanent alimony and also the visitation rights of the respondent.
4. The marriage between the parties was solemnized on 06.07.2006. Differences arose between the parties way back in 2013 and since then they have been living separately.
5. Considering the various litigations pending between the parties and the period which they were living separately, we deem it appropriate that it is a fit case to exercise our extra-ordinary jurisdiction under Article 142 of the Constitution of India on waiving the waiting period. Accordingly the marriage solemnized between the parties on 06.07.2006 is dissolved in exercise of our jurisdiction under Article 142 of the Constitution of India.
6. In view of the compromise between the parties, various proceedings between the parties, namely, (i) Divorce Petition being O.P.(Div)No.1654/2013 pending before the Family Court, Ernakulam, Kerala; (ii) Restitution of Marriage being HMOP NO.64/2014 pending before the Family Court, Coimbatore, Tamil 3 Nadu; (iii) Domestic violence case being DVA No.40/2013 pending before the Court of Judicial Magistrate-I, Coimbatore, Tamil Nadu; and (iv) Guardianship petition being GWOP NO.1633/2019 pending before the Family Court, Coimbatore, Tamil Nadu, shall stand closed. The parties are directed to bring it to the notice of the concerned courts about this order and the concerned courts shall pass consequential orders to dispose of the cases as settled.
7. The transfer petition is accordingly disposed of.
8. The Registry is directed to draft a decree in terms of the above order and the Memorandum of Settlement filed by the parties shall form part of this order.
..........................J. (R. BANUMATHI) ..........................J. (A.S. BOPANNA) NEW DELHI, SEPTEMBER 12, 2019.
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ITEM NO.2 COURT NO.6 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). 2113/2016
LAVANYA Petitioner(s)
VERSUS
RAMAKRISHNAN S. Respondent(s)
(IA No. 1/2016 - STAY APPLICATION)
Date : 12-09-2019 This matter was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Sri Ram J. Thalapathy,Adv.
Ms. Shobha Ramamoorthy, AOR Mr. V. Adhimoolam,Adv.
Mr. Shilp Vinod,Adv.
Mr. Pushkin Rajkumar,Adv.
Mr. P.T.M. Manikantan,Adv.
For Respondent(s) Mr. B. Ragunath,Adv.
Mr. P. Arun Kumar,Adv.
Mr. Vijay Kumar, AOR UPON hearing the counsel the Court made the following O R D E R In terms of the signed order, the transfer petition is disposed of.
Pending applications, if any, shall also stand disposed of.
(MAHABIR SINGH) (PARVEEN KUMARI PASRICHA)
COURT MASTER BRANCH OFFICER
(Signed order is placed on the file)
[Note : Memorandum of Settlement (in original) along with the Application under Section 13-B of the HMA 1955 is enclosed herein]