Supreme Court - Daily Orders
Puneet Kathuria vs Arti Kathuria on 13 February, 2024
Author: Surya Kant
Bench: Surya Kant
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.860 OF 2024
(Arising out of SLP(Crl.)No.5262 of 2019)
PUNEET KATHURIA … APPELLANT
Versus
ARTI KATHURIA … RESPONDENT
O R D E R
1. Leave granted.
2. This appeal emanates from an interim order dated 07.01.2019,
passed by the High Court of Delhi in execution proceedings,
directing the appellant-husband to make payment of the arrears of
maintenance within four weeks, in accordance with the statement
made by his counsel before the Court.
3. The Special Leave Petition was entertained primarily with the
object of exploring the possibility of an amicable settlement of
the unfortunate matrimonial dispute. Consequently, vide order dated
14.02.2020, the parties were referred to Hon’ble Mr.Justice Kurian
Joseph, a retired Judge of this Court, to mediate between the
parties.
4. The appellant and the respondent got married on
Signature Not Verified
Digitally signed by
07.07.2003, and a daughter was born from the wedlock on 07.02.2005.
satish kumar yadav
Date: 2024.02.20
18:18:54 IST
Reason:
It appears that, on account of temperamental differences, the
parties started living separately somewhere in the year 2016. The
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respondent filed a case – CC 638026 of 2016, under Section 12 of
the Protection of Women from Domestic Violence Act, 2005 (for
short, `the 2005 Act’), in the Court of Metropolitan Magistrate,
Mahila Court, South-East, Saket, New Delhi. This was followed by
another Complaint – CC No.9444/2017 in the same Court under Section
31 of the 2005 Act.
5. The respondent, thereafter, filed EX CRL 132/2019 for
giving effect to the orders passed in her favour under the 2005
Act. It was in such proceedings that the High Court passed the
impugned interim order for payment of the arrears of maintenance.
6. As noticed earlier, the parties were referred to
mediation to explore the possibility of an amicable settlement of
their disputes. Hon’ble Mr.Justice Kurian Joseph (Retd.) has sent a
Mediation Report dated 22.03.2023, along with the Settlement
Agreement arrived at between the parties, which is duly signed by
them, their daughter – Ananya Kathuria, as well as five witnesses
besides their learned counsel(s).
7. Some of the salient features of the Settlement Agreement
are to the following effect:
“7. That it has been agreed by and between the Parties
that the First Party shall pay a consolidated sum of
Rs.1,77,00,000/- Rupees one crore seventy seven lacs only)
towards the "FULL & FINAL ONE TIME LUMP SUM SETTLEMENT
AMOUNT" to the Second Party which includes the following
components:-
“7(A) That it has been agreed by and between the
parties that, the First Party shall pay a sum of
Rs.1,37,00,000/- (RUPEES ONE CRORE THIRTY-SEVEN LACS
ONLY) towards the settlement of all the Claims of the
Second party including PERMANENT ALIMONY to Ms. Arti
Kathuria as "FULL & FINAL ONE TIME LUMP SUM
SETTLEMENT AMOUNT" to the Second Party along with the
admitted list of Gold Items/Jewellery of the
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Streedhan referred to as Annexure SA/2 to the present
Settlement Agreement to the Second Party which shall
include permanent alimony, full and final settlement
of all her claims, maintenance, child support of any
kind and manner etc. including all her claims of the
arrears of maintenance whatsoever, past, present and
future, which will be deposited by the First Party
with the Registry of the Hon'ble Supreme Court of
India by way of a Demand Draft upon signing of this
Settlement Agreement and thereafter by moving a joint
application as stated above.
That, Arti Kathuria has acknowledged receipt of the
return of the Streedhan.
7(B) That, Arti Kathuria is an equal co-owner/co-
sharer of the property bearing No. L-1/123-A (Ground
floor) DDA Flats, Kalkaji, New Delhi-110019 along
with the mother of the First Party having 50% share
for which following arrangements, terms and
conditions are agreed:
a. That, Arti Kathuria has agreed to transfer all her
rights, entitlements, and interests in favour of the
mother of the First Party, namely Smt. Santosh
Kathuria by executing a Sale Deed in favor of the
mother of the First Party i.e. Mrs. Santosh Kathuria
in consideration for an amount of Rs. 40,00,000/-
(Rupees Forty Lacs only) for transferring all her
rights, entitlements, interests etc. in the property
bearing No. L-1/123-A (Ground floor) DDA Flats,
Kalkaji, New Delhi- 110 019 which will be paid by the
mother of the First Respondent in the form of Demand
Draft to be handed over to Ms. Arti Kathuria at the
time of execution.
b. It is agreed and clarified that the said amount of
Rs 40,00,000 (Rupees Forty Lacs only) stated
hereinabove towards the consideration of sale of the
said property bearing No. L-1/123-A (Ground
floor) DDA Flats, Kalkaji, New Delhi-110019 duly
forms a part and parcel of this Settlement Amount and
the same collectively becomes Rs1,77,00,000/-(Rupees
One Crore Seventy-Seven Lacs Only) and the same is
included and is treated as part and parcel of this
Settlement Agreement.
c. It is agreed that the Sale Deed shall be executed
and registered at office of Sub-Registrar, Mehrauli
by Arti Kathuria in favour of the mother of the First
Party, namely Smt. Santosh Kathuria within 10 days
after the First Party depositing the amount of Rupees
One Crore Thirty-Seven Lacs only and after the Order
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disposing of the Special Leave Petition by the
Hon'ble Supreme Court of India. Mr. J.P. Kakkar,
Father of Ms. Arti Kathuria and Mr. Hemant Kathuria,
Brother of Mr. Puneet Kathuria shall be the attesting
witnesses to the Sale Deed.
7(C) THAT the amount of Rs.1,37,00,000/- includes the
education support for the post-graduate course of
their daughter Ms. Ananya Kathuria to the tune of
Rs.12,00,000/- (Rupees twelve lacs only).
THAT the First Party has agreed to make a separate
Demand Draft for the said amount of Rs. 12,00,000/-
and deposit the same with the Registrar, Hon'ble
Supreme Court of India and the same shall be done at
the time of filing of the joint Application. That it
is made clear that any further expense over and above
the agreed amount of Rs.12,00,000/- along with the
accruing interest thereon shall be borne by the
Second Party only.
That it is further made clear that in the event of
said amount of Rs.12,00,000 remains unutilized then
the First Party shall have right over it and he can
claim the refund of the said amount of Rs.
12,00,000/- along with the interest accrued thereon
from the Registry of Hon'ble Supreme Court of India
by moving an appropriate Application and that Mrs.
Arti Kathuria shall have no right to raise any
objection to that.
It is made abundantly clear that in the event if
Ananya Kathuria not pursuing any PG Degree within
three years of declaration of her undergraduate
degree results and/or if the amount paid is less than
the reserved amount of Rs.12,00,000/- with accrued
interest, then the unused amount shall be returned
back to the First Party i.e. Mr. Puneet Kathuria and
he will be entitled to withdraw the same from the
Registry of the Hon'ble Supreme Court of India by
following appropriate procedure and the Second Party
shall not raise any objection.
8. THAT it has been further agreed between the
parties that the joint Application for divorce on
mutual consent, for closure of all litigations listed
above and for further directions shall be moved
within 10 days from the signing of this Settlement
Agreement.
9. THAT both the Parties agree and consent to
withdraw/close I quash all their pending litigations
and shall make an affidavit to that effect to be
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filed along with the joint Application in the Hon'ble
Supreme Court of India and shall not file or indulge
in any other/further litigation whatsoever in future
in respect of matters covered by this Settlement.
13. THAT the except aforementioned amounts, Arti
Kathuria and Ananya Kathuria will not claim any
further amount towards past, present and future
maintenance, compensation, alimony, expenditure,
child support of any manner and kind from the First
Party or his family members or relatives.”
8. In deference to the Settlement Agreement, the parties
have moved a joint application – I.A.No.65522/2023, duly supported
with their respective affidavits, with the following prayers:
“a) To pass the decree of Divorce under section 13 B of
Hindu Marriage Act, 1955; and
b) To Quash/Closure of all the Pending cases against
each other and their family members of the parties as
mentioned in Para 3 of the Application; and
c) To Permit Arti Kathuria to withdraw 1,25,00,00000
from Supreme Court Registry (Rs One Crore Twenty Five
Lakh) after grant of decree of divorce, quashing of the
FIRs 27/2017 (Police Station: Chittranjan Park),
246/2017 (Police Station: Malviya Nagar) and closure of
all pending cases
d) To Permit Ananya Kathuria to withdraw from Supreme
Court Registry an amount of Rs 12,00,000 (Rs Twelve
lakhs) along with the interest accrued for pursuing
Post Graduation in India within three years of
declaration of her undergraduate degree results, as per
the terms and conditions of the Settlement Agreement
e) To execute the Sale Deed at office of Sub-Registrar,
Mehrauli within 10 days, as per the terms and
conditions of the Settlement Agreement
f) Pass such order/orders as may be deemed fit and
proper in the facts and circumstance of the case.”
9. When the matter came for consideration on 04.12.2023, the
following order was passed:
“1. As per the office report, two demand drafts
bearing nos.624747 and 036816 dated 23.03.2023 &
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28.03.2023 issued by IDFC First Bank & HDFC Bank in
the sum of Rs.1,25,00,000/- and Rs.12,00,000/-
respectively, deposited by the petitioner, which are
kept in the safe custody of the Cash and Accounts
Branch of this Court, have expired.
2. We are unable to understand as to why the
Registry did not deposit the demand drafts in the
Registry’s account and kept the amount in FDRs.
3. Be that as it may, both the demand drafts be
returned to the petitioner forthwith.
4. The petitioner is directed to bring a new demand
draft in the sum of Rs.1,25,00,000/- (Rupees one crore
twenty five lacs) in the name of the respondent (Arti
Kathuria) on the next date of hearing. As regard to
the second demand draft of Rs.12,00,000/- (Rupees
twelve lacs), let the petitioner deposit the said
amount in a FDR in the name of his daughter (Ananya
Kathuria) with a condition that the same shall not be
encashed for four years and will be subject to the
terms and conditions as have been settled between the
parties.
5. The respondent is agreeable to transfer her
share in favour of the petitioner’s mother of the
property beraing No.L-1/123-A (Ground Floor) DDA Flat,
Kalkaji, New Delhi within a week on receipt of the
amount of Rs.40,00,000/- (Rupees forty lacs) as a
consideration of sale.
6. Post the matter on 12.12.2023.”
10. It is stated by learned counsel for the parties that in
furtherance of the order dated 04.12.2023, the respondent has
already transferred her share of the property bearing No.L-1/123-A
(Ground Floor), DDA Flats, Kalkaji, New Delhi – 110 019 in favour
of the appellant’s mother. She has also received a sum of
Rs.40,00,000/- (Rupees forty lakhs) as consideration for her share
in the property.
11. As regard to para 4 of the order dated 04.12.2023, the
appellant has handed over two drafts bearing Nos.624888 and 037547
dated 06.12.2023 and 12.02.2024, respectively, to the respondent in
the Court. The first draft of Rs.1.25 crore is in the name of the
respondent, while the second draft of Rs.12,00,000/- (Rupees twelve
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lakh) is in the name of the daughter – Ananya Kathuria.
12. On receipt of these two drafts and as agreed to between
the parties, the respondent or their daughter shall have no other
claims towards maintenance, alimony, education expenses and/or any
other demand against the appellant.
13. As per the agreement between the parties, Ananya Kathuria
will be entitled to encash the demand draft before the month of
July, 2029. We, accordingly, direct that the demand draft of
Rs.12,00,000/- (Rupees twelve lakhs), in the name of Ananya
Kathuria, be deposited in a nationalised bank, fetching the maximum
rate of interest along with an undertaking that the said FDR will
be encashable any time after July, 2026 and before July, 2029.
14. We have considered the joint application moved by the
parties. Both of them are present in Court and have stated that the
settlement is as per their free will and without any undue
influence or coercion. Both of them have prayed for grant of relief
as reproduced above.
15. In view of the fact that the parties have been living
separately since the year 2016; have amicably settled their
matrimonial dispute and have decided to part ways, we find it a fit
case to invoke our powers under Article 142 of the Constitution and
dissolve their marriage by way of a decree of divorce by mutual
consent. Ordered accordingly.
16. The genesis of all the pending cases between the parties
lies in the matrimonial dispute. Since the dispute has been
amicably resolved, we see no reason to allow these proceedings to
continue.
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17. Consequently - (i) CC No.638026/2016, titled “Arti
Kathuria vs. Puneet Kathuria & Ors.”, pending in the Court of
Metropolitan Magistrate, Mahila Court, South-East Saket, New Delhi,
and all the proceedings arising therefrom are hereby quashed.
(ii) CC No.9444/2017, titled “Arti Kathuria vs. Puneet
Kathuria & Ors.”, pending in the Court of Metropolitan Magistrate,
Mahila Court, South-East Saket, New Delhi and all the proceedings
arising therefrom are hereby quashed.
(iii) Execution CRL 132/2019, titled “Arti Kathuria vs. Puneet
Kathuria”, pending in the Court of Metropolitan Magistrate, Mahila
Court, South-East, Saket, New Delhi is disposed of as having become
infructuous.
(iv) CC No.4567/2018, titled “State vs. Puneet Kathuria
ETC.”, i.e. FIR No.246/2017, filed at Police Station Malviya Nagar,
under Sections 498A, 406 and 34 IPC and all the proceedings arising
therefrom are hereby quashed.
(v) CC No.4424/2017, titled “State vs. Hemant Kathuria”,
emanating from FIR No.27/2017, Police Station Chitranjan Park,
under Section 509 IPC, and all the proceedings arising therefrom
are hereby quashed.
(vi) HMA/18/937, titled “Puneet Kathuria vs. Arti Kathuria”,
pending before the Principal Judge, Family Courts, South, Saket,
New Delhi, which is a petition for dissolution of marriage, is
hereby disposed of as having become infructuous. Consequently,
Miscellaneous Civ.60/2022, titled “Puneet Kathuria vs. Arti
Kathuria”, which is an application under Order 9 Rule 9 CPC also
stands disposed of.
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(vii) Case No.G/18/09, titled “Puneet Kathuria vs. Arti
Kathuria”, which is a petition under Sections 7 and 25 of the
Guardianship and Wards Act, pending in the Court of Principal
Judge, Family Courts, South, Saket, New Delhi also stand disposed
of as having become infructuous.
(viii) Resultantly, Misc.Civ.58/2022, titled “Puneet Kathuria vs
Arti Kathuria”, which was an application under Order 9 Rule 9 CPC,
for restoration of the above-stated petition, also stands disposed
of.
(ix) Case – M-97/18, titled “Arti Kathuria vs. Puneet
Kathuria”, which are proceedings under Section 125 Cr.PC, pending
before the Principal Judge, Family Courts, South, Saket, New Delhi,
is also disposed of as having become infructuous.
(x) CC 41429/2019, titled “Sham Sunder Kathuria vs. Arti
Kathuria”, which is a private complaint under Section 200 Cr.P.C.,
pending in the Court of Metropolitan Magistrate, South-East, Saket,
New Delhi, and all the proceedings arising thereform, are hereby
quashed.
(xi) Crl.M.C.28/2019 and Crl.M.As.104/2019 and 11619/2019,
titled “Puneet Kathuria vs. Arti Kathuria”, which are proceedings
under Section 482 Cr.P.C., and are pending before the High Court of
Delhi, are hereby quashed.
18. The Settlement Agreement dated 20.03.2023 shall be read
as a part of this order, save and except to the extent it is
modified with respect to the condition of depositing the drafts
with the Registry of this Court.
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19. The parties shall abide by the terms and conditions of
the Settlement Agreement.
20. We place on record our gratitude to Hon’ble Mr.Justice
Kurian Joseph (Retd.) for successfully mediating the dispute.
21. The appeal stands disposed of in the above terms.
22. As a result, the pending interlocutory applications also
stand disposed of.
.........................J.
(SURYA KANT)
..............…….........J.
(K.V. VISWANATHAN)
NEW DELHI;
FEBRUARY 13, 2024.
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ITEM NO.9 COURT NO.4 SECTION II-C
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).5262/2019
(Arising out of impugned final judgment and order dated 07-01-2019
in CRLMC No.28/2019 passed by the High Court of Delhi at New Delhi)
PUNEET KATHURIA Petitioner(s)
VERSUS
ARTI KATHURIA Respondent(s)
IA No.65522/2023 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC
13B OF H.M.A.
IA No.88679/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No.24705/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No.17172/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 13-02-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Dr. Chandra Rajan, Adv.
Mr. Chand Qureshi, AOR Mr. Pankaj Tiwari, Adv. Mr. Surendra Ramgopal Agarwal, Adv. Mr. Mohit Yadav, Adv.
Mrs. Aarti Pal, Adv.
Ms. Deepika Kumari, Adv. Mr. Imad Ahmad Khan, Adv. Mr. Chandan Kumar Mandal, Adv. Dr. Ram Kishore Choudhary, Adv.
For Respondent(s) Mr. D. K. Devesh, AOR Mr. Upendra Pratap Singh, Adv. Mr. Harsh Singh Rawat, Adv. Ms. Nidhi Das, Adv.
Mr. Anuj Gupta, Adv.
Mr. Shailesh Joshi, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.12
The appeal stands disposed of in terms of the signed order.
As a result, the pending interlocutory applications also stand disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)