Supreme Court - Daily Orders
Aditya Kumar vs The State Of Bihar on 15 December, 2020
Bench: N.V. Ramana, Surya Kant, Aniruddha Bose
SLP(Crl.)No.5187/2019 1
ITEM NO.21 Court 2 (Video Conferencing) SECTION II-A
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 (Crl.) No(s).5187/2019
(Arising out of impugned final judgment and order dated 06-05-2019
in CRLMC No.56697/2018 passed by the High Court of Judicature at
Patna)
ADITYA KUMAR Petitioner(s)
VERSUS
THE STATE OF BIHAR & ANR. Respondent(s)
(I.A. NO.131350/2020 JOINT APPLICATION ON BEHALF OF PETITIONER AND
RESPONDENT NO.2 UNDER ART. 142 OF THE CONSTITUTION R/W SEC 13B OF
H.M.A.
IA No.131350/2020 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W
SEC 13B OF H.M.A.
IA No.12910/2020 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC
13B OF H.M.A.
IA No.50320/2020 - APPROPRIATE ORDERS/DIRECTIONS)
Date : 15-12-2020 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
For Petitioner(s) Ms. Geeta Luthra, Sr.Adv.
Ms. Supriya Juneja, AOR
Mr. Aditya Singla, Adv.
Ms. Cheshta Jetly, Adv.
Ms. Kamakshi Gupta, Adv.
For Respondent(s) Mr. Abhinav Mukerji, AOR
Mrs. Bihu Sharma, Adv.
Ms. Pratishtha Vij, Adv.
Mr. Rajesh K. Singh, Adv.
Mr. Rovin Verma, Adv.
Mr. Harish Pandey, AOR
Signature Not Verified
UPON hearing the counsel the Court made the following
Digitally signed by
SATISH KUMAR YADAV
Date: 2020.12.15
17:14:12 IST
Reason:
O R D E R
The Court is convened through Video Conferencing. Heard learned counsel for the parties and carefully SLP(Crl.)No.5187/2019 2 perused the record.
As per the Settlement Agreement dated 17-12-2019, duly entered into between the parties, Rs.30,00,000/- (Rupees Thirty Lakhs only) was required to be paid by the petitioner – husband to Respondent No.2 – wife, as a full and final settlement on account of her stridhan, maintenance, alimony (past, present and future) and pending arrears of maintenance.
It is noted that Rs.5,00,000/- (Rupees Five Lakhs only) has already been paid by the petitioner to Respondent No.2 on 24-1- 2020.
This Court vide Order dated 8-12-2020 directed the petitioner - husband to pay the balance amount to Respondent No.2 – wife, in terms of Settlement Agreement dated 17-12-2019 duly entered into between them, by R.T.G.S. mode on that day itself.
In compliance of Order dated 8-12-2020, the petitioner - husband has paid the remaining amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to Respondent No.2 – wife and e-filed the proof thereof.
Now, the parties have jointly filed an application seeking grant of decree of divorce by mutual consent and to dissolve the marriage between them under Article 142 of the Constitution of India on the terms and conditions agreed between the parties in the Settlement Agreement dated 17.12.2019.
It has also been prayed in the application to permit respondent No.2 to withdraw the cases mentioned in para 5 of the Settlement Agreement dated 17.12.2019.
Having heard learned counsel for the parties and taking into consideration the averments made in the above-mentioned application, we are of the view that it is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent in terms of the Settlement Agreement dated 17.12.2019.
Pursuant to dissolution of marriage between the petitioner-husband and respondent No.2 – wife, we permit respondent No.2 – wife to withdraw all pending litigations as mentioned in the SLP(Crl.)No.5187/2019 3 prayer of the joint application filed by the parites. We further permit the parties to withdraw any other proceedings, Civil and/or Criminal pending before any other Courts in India.
We, accordingly, allow I.A.No.131350/2020 in terms of the prayer made by the parties by invoking our jurisdiction under Article 142 of the Constitution of India read with Section 13-B of the Hindu Marriage Act, 1955.
The Settlement Agreement dated 17-12-2019 shall form part of this Order.
The parties are directed to abide by the terms and conditions of Settlement Agreement dated 17.12.2019 in its letter and spirit.
The Special Leave Petition stands disposed of in the afore-stated terms.
Pending applications filed in the matter also stand disposed of.
(SATISH KUMAR YADAV) (RAJ RANI NEGI) DEPUTY REGISTRAR DEPUTY REGISTRAR