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Pritam Ashok Sadaphule vs Hima Chugh on 3 September, 2015

Bench: Dipak Misra, Prafulla C. Pant

  CA 6827/15
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                                          IN THE SUPREME COURT OF INDIA

                                            CIVIL APPELLATE JURISDICTION

                                         CIVIL APPEAL NO.6827 OF 2015
                                 (Arising out of S.L.P.(C) No.19646 of 2014)


                         Pritam Ashok Sadaphule                           Appellant(s)

                                            Versus

                         Hima Chugh                                       Respondent(s)

                                                     O R D E R

Leave granted.

This Court on 26th August, 2015, had passed the following order:

“Today, Mr. Rakesh Taneja, learned counsel for the petitioner and Mr. Nikhil Nayyar, learned counsel for the respondent submitted that the parties have arrived at a settlement and the Court may record the settlement, grant a decree of divorce and put all the controversies to rest.

The terms of the settlement that have been suggested by the parties in presence of the petitioner, Pritam Ashok Sadaphule and the respondent, Hima Chugh are:

(a) The petitioner-husband shall pay a sum of Rs.70,00,000/- (Rupees seventy lac only) to the respondent-wife covering the amount directed by the impugned order under Section 24 of the Hindu Marriage Act as well as towards the permanent alimony.

(b) A sum of Rs.30,00,000/- (Rupees thirty Digitally signed by Chetan Kumar Date: 2015.09.07 17:06:27 IST Reason: lac only) shall be transferred to the account of Hima Chugh, the respondent herein by 02.09.2015.

(c) The rest of the amount, i.e., Rs.40,00,000/- (Rupees forty lac only) shall be paid in four equal monthly installments and the first installment shall commence from 05.10.2015.

(d) A decree for divorce be granted on mutual consent, regard being had to the peculiar facts and circumstances and taking note of the fact that they have been living separately for a considerable length of time.

(e) As the parties have amicably settled, any allegation made in any document or any plaint or any application shall be deemed to be expunged. If any, criminal proceeding is pending against the husband or the wife being initiated by them or any of their family members shall be deemed to have been quashed.

The aforesaid suggestions shall form a part of our order after transfer of Rs.30,00,000/- (Rupees thirty lac only) to the account of the respondent-wife.

Let the matter be listed on 03.09.2015. The petitioner as well as the respondent shall remain personally present.” We have been informed by Mr. Rakesh Taneja and Mr. Prashant Mendiratta, learned counsel appearing for the parties that the appellant-husband has already paid Rs.30 lacs to the wife as per the suggestion given. The said fact is accepted by the respondent-wife, who is personally present in the Court.

Regard being had to the same, the suggestions already recorded shall become a part of the terms of settlement and further shall be treated as the order of this CA 6827/15 3 Court.

Resultantly, the decree for divorce on mutual consent is granted and all the criminal proceedings pending between the husband and the wife being initiated by either of them or any family members in any court are quashed. If any civil proceeding is pending between the parties, it is also deemed to have been disposed of because of the present order.

That apart, as agreed to between the parties, the husband shall take the liability of all the companies he has, and in a court of law he will admit that and the respondent-wife shall not be liable as the appellant-husband has taken the liabilities. Needless to emphasize, as the controversy has been settled by this Court on agreed terms, the respondent undertakes that she shall not move any court anywhere for seeking alimony and any other benefits from the husband pertaining to matrimonial disputes.

The appeal is disposed of in the aforesaid terms. A decree be drawn up accordingly. No order as to costs.

......................J. (Dipak Misra) ......................J. (Prafulla C. Pant) New Delhi;

September 03, 2015.

CA 6827/15
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ITEM NO.2                   COURT NO.5                  SECTION XIV

                  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.19646/2014 (Arising out of impugned final judgment and order dated 10/12/2013 in MA No. 40/2013 passed by the High Court of Delhi at New Delhi) PRITAM ASHOK SADAPHULE Petitioner(s) VERSUS HIMA CHUGH Respondent(s) (With appln. (s) for dispensing with the appearance of petitioner and permission to bring additional facts and documents on record and permission to file additional affidavit and interim relief and office report) Date : 03/09/2015 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Rakesh Taneja, Adv.

Mr. T. V. George, AOR For Respondent(s) Mr. Prashant Mendiratta, Adv.

Mr. Dhananjay Baijal, Adv.

Mr. N. Sai Vinod, Adv.

Mr. Nikhil Nayyar, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.

              (Chetan Kumar)                    (H.S. Parasher)
               Court Master                       Court Master

(Signed order is placed on the file)