Supreme Court - Daily Orders
Ratika Jindal vs Ravi Jindal on 15 March, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.890 OF 2018
RATIKA JINDAL ... PETITIONER(S)
VERSUS
RAVI JINDAL ... RESPONDENT(S)
WITH
T.P.(Crl.) No. 276-277/2018
O R D E R
On 19 February 2019, during the course of the hearing of the Transfer Petitions, learned counsel appearing on behalf of the petitioner and the respondent had joined in stating that the parties were desirous of exploring the possibility of a mediated settlement. Accordingly, they were referred to the Delhi High Court Mediation and Conciliation Centre1.
Mediation proceedings were in progress when the Transfer Petitions came up on 5 March 2019 and the hearing was accordingly adjourned.
The Registry placed a report dated 7 March 2019 of the Mediator appointed by the Mediation and Conciliation Centre before this Court, indicating that the parties were Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2019.03.26 unable to arrive at a settlement. Despite this, learned 18:15:41 IST Reason: counsel appearing for the petitioner and the respondent 1 Mediation and Conciliation Centre 2 apprised the Court on 11 March 2019 that there were further developments and the parties were ready and willing to settle the dispute. With this object in view, this Court noted that the parties would appear before the Mediator on 14 March 2019 so that agreed terms of settlement can be placed on the record in these proceedings.
During the course of the hearing, a settlement agreement dated 14 March 2019, signed by the petitioner and by the respondent, together with their respective counsel and the Mediator, has been placed on the record.
The Court has been apprised of the fact that the dispute between the parties has been settled in terms of the settlement agreement dated 14 March 2019. The parties have agreed to an order of this Court for the dissolution of the marriage by consent, with immediate effect, in terms of clause 1 of the settlement. The Court is further informed that the parties have been living apart since January 2016.
We consider it to be in the interest of justice to exercise our jurisdiction under Article 142 of the Constitution, to dissolve the marriage. It is the earnest desire of the parties that they need not now be relegated to file a fresh petition for divorce by mutual consent, having regard to the settlement agreement which has been arrived at by them. Both the parties are doctors and have a daughter, whose custody has been agreed to be given to 3 the petitioner – Ratika Jindal.
We accordingly take the settlement agreement between the parties on the record. Under the settlement agreement, as on date, the following cases are pending:
“S.N. Nature of Case/Filed by Court Case Title Case No.
1. Divorce Petition u/s 13 District Court, Ravi Jindal vs DMC of Hindu Marriage Act, Patiala Ratika Jindal 159/2016 1955/ Ravi Jindal [CNR No.:PBPT 01- 002011-2016]
2. Criminal Misc. Judicial Ravi Jindal vs CRM/601/201 Application u/s 156(3) Magistrate, Ratika Jindal & 6 of Cr.P.C./Ravi Jindal First Class, Ors. [CNR No.:
Patiala PBPT03-
004467-2016]
3. Application/ Petition Principal Ratika Jindal & Mnt
for Maintenance u/s Judge, Family Shanaya Jindal 125/330/2019
125 Cr.P.C./ Ratika Court, Patiala vs Ravi Jindal [CNR No.
Jindal PBPT01 –
002315-2019]
[earlier as
Mnt-125/108
of 2016 (CNE
No. PBPT03-
002830 OF
2016)
4. Execution Petition u/s Principal Ratika Jindal vs CRM/480/201
128 Cr.P.C./ Ratika Judge, Family Ravi Jindal 9
Jindal Court, Patiala [CNR No.:
PBPT 01-
004545-2019]
5. Execution Petition u/s Principal Ratika Jindal vs CRM/540/201
128 Cr.P.C./ Ratika Judge, Family Ravi Jindal 9
Jindal Court, Patiala [CNR
No.:PBPT01-
004545-2019]
6. Criminal Revision District & Ravi Jindal vs CRR/642/2017
Petition/ Ravi Jindal Sessions Ratika Jindal
Court, Patiala
7. Revision Petition Punjab and Ravi Jindal vs CR No.1552 of
against order for Haryana High Ratika Jindal 2017
interim maintenance/ Court CM No.5320-
Ravi Jindal CII of 2018
8. FIR u/s 154 Cr PC Judicial State of H.P. vs Police
4
[Dowry related Case] Magistrate, Ravi Jindal & Challan/
First Class, Ors. 41/2017
Paonta Sahib HPSI04-
000866-2016
[FIR No.0118
of 2016/ PS
Paonta Sahib]
9. All cases pertaining to
RTI applications filed
by Ravi Jindal seeking
information related to
Ratika Jindal, her role
or any other matter
concerning her in
erstwhile Shri C.D.
Jindal Memorial
Umeed Test Tube Baby
Centre, Patiala
(including the writ
petitions mentioned
below)
10. Writ Petition, w.r.t. RTI Punjab and Ravi Jindal vs CWP-16058-
Haryana High State of Punjab 2018 Court & Ors.
11. Writ Petition, w.r.t. RTI Punjab and Ravi Jindal vs CWP-16062- Haryana High State of Punjab 2018 Court & Ors.
12. Writ Petition, w.r.t. RTI Punjab and Ravi Jindal vs CWP-16077- Haryana High State of Punjab 2018 Court & Ors.
13. Writ Petition, w.r.t. RTI Punjab and Ravi Jindal vs CWP-16116- Haryana High State of Punjab 2018 Court & Ors.
14. Transfer Petition (Civil) Supreme Ratika Jindal vs TP(Civil) 890 Court Ravi Jindal of 2018
15. Transfer Petition Supreme Ratika Jindal vs TP(Criminal) (Criminal) Court Ravi Jindal 276-277 of 2018” At S.No.8 of the above tabulated chart which is incorporated in the settlement, there is a reference to FIR No.0118 of 2016 filed at Police Station, Paonta Sahib. Since the dispute has been settled between the parties, we deem it appropriate and proper to quash the FIR and the 5 proceedings arising therefrom. Ordered accordingly.
The petitioner is present before the Court. Learned counsel appearing on behalf of the respondent states that she has personally interacted with the respondent and is authorized to make the statements which are contained in the present order.
The marriage between the parties is accordingly dissolved with effect from the date of this order. There shall be an order in terms of the settlement agreement. The parties undertake to abide by respective obligations in terms of the settlement and to withdraw the respective pending cases as agreed therein.
The Court appreciates the efforts made, for the settlement of the dispute by Ms. Anjali Vohra and Ms. Kiran Kalra, Mediators nominated by the Mediation and Conciliation Centre of the Delhi High Court and for the prompt efforts taken by the Mediation and Conciliation Centre to implement the directions of this Court.
The Transfer Petitions stand disposed of accordingly.
.............................J. (DR DHANANJAYA Y CHANDRACHUD) .............................J. (HEMANT GUPTA) NEW DELHI MARCH 15, 2019 6 ITEM NO.48 COURT NO.11 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).890/2018 RATIKA JINDAL Petitioner(s) VERSUS RAVI JINDAL Respondent(s) (WITH IA No.61114/2018-STAY APPLICATION and IA No.61115/2018- EXEMPTION FROM FILING O.T.) WITH T.P.(Crl.) No. 276-277/2018 (XVI-A) (WITH APPLN.(S) FOR STAY AND FOR EXEMPTION FROM FILING O.T.) Date : 15-03-2019 These matters were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Ankit Vijaywargiya, Adv.
Mr. Aditya Verma, AOR Mr. Shrey Patnaik, Adv.
For Respondent(s) Ms. Suhashini Sen, Adv.
Ms. Prerna Priyadarshini, AOR Ms. Priyashree Sharma Pb., Adv.
UPON hearing the counsel the Court made the following O R D E R The transfer petitions stand disposed of in terms of the signed order.
Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file)