Supreme Court - Daily Orders
Alea Kalpana vs The State Of Telangana on 26 July, 2024
Author: Abhay S. Oka
Bench: Abhay S. Oka
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2024
(@ Special Leave to Appeal (Criminal) No.1580/2023)
ALEA KALPANA Appellant(s)
VERSUS
THE STATE OF TELANGANA & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. Heard learned counsel appearing for the parties.
3. The appellant is personally present and the third respondent is present through video conference. The Memorandum of Agreement dated 28th June, 2024 signed by the appellant and the third respondent has been placed on record. The third respondent has signed the Settlement Agreement before a Notary Public in the State of Texas in United States of America. The third respondent who appeared through video conference confirms his signature.
4. The marriage between the parties was solemnized on 15 th May, 2019. From 5th June, 2019, they are residing separately.
Therefore, we are satisfied that this is a fit case to exercise the jurisdiction of this Court under Article 142 of the Constitution of India for dissolving the marriage by mutual Signature Not Verified Digitally signed by consent.
KAVITA PAHUJA Date: 2024.08.03 16:09:39 IST Reason: 15. A demand draft bearing No.683971 dated 16th July, 2024 in a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) and another demand draft bearing No.537184 dated 16th July, 2024 in a sum of Rs.5,50,000/- (Rupees Five Lakh Fifty Thousand Only) drawn on DBS Bank India Limited have been handed over by the learned counsel appearing for the third respondent to the appellant in terms of clause 2 of the Settlement Agreement.
6. The clauses 1 to 21 of the Settlement Agreement are as under:
1. That the parties herein above have agreed to dissolve their marriage solemnized on 15.05.2019 at Subham Palace at Karmanghat, Hyderabad and part ways by divorce through mutual consent, for which the parties through their Advocates shall file appropriate application(s) before the next date of hearing in the aforesaid matter (SLP (Crl.) 1580/2023) pending adjudication before the Hon’ble Supreme Court under the provisions of Sections 13B and 26 of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution of India.
2. Both the parties have mutually agreed that the 2nd Party/husband shall pay a sum of Rs.12,00,000/- (Rupees Twelve lakhs only) to the 1st party/wife as full and final settlement of all her claims towards marriage expenses/gold ornaments/sthridhana/permanent alimony and maintenance (past, present and future) as well the travelling and lodging expenses incurred by her for attending mediation hearings before Supreme Court Mediation Center. The sum of Rs.12,00,000/-
(Rupees Twelve lakhs only) shall be paid in one single installment by way of cheque/DD/NEFT/RTGS in the name of the 1 st party/wife Ms. Alea Kalpana and would be handed over to her before the Hon’ble Supreme Court while the statements of the parties qua 2 settlement are recorded by the Hon’ble Bench.
3. The above-mentioned parties have settled all their claims/disputes with regard to present case as well as above mentioned connected cases.
4. The parties herein above have agreed and undertook that upon the Hon’ble Supreme Court taking on record the present Memorandum of Settlement, simultaneously they will move to the Hon’ble Supreme Court by way of an appropriate application to dissolve their marriage solemnized on 15.05.2019 at Subham Palace at Karmanghat, Hyderabad under the provisions of Sections 13B and 26 of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution of India and further seek quashing/disposal of all the matters filed by parties amongst each other [as per Table(1) above] pending before the different courts in the State of Telangana.
5. That the parties agree and undertake that they have settled all their disputes and grievances amicably against each other and against their family members. Further, they shall not file any further proceedings, whether criminal or civil, against each other or their family members at any forum or stake any claim on the movable or immovable or joint or ancestral or self-acquired or HUF properties of the either party or their families.
6. This Memorandum of Settlement constitutes the full and final settlement between the parties. No claims/demands of any nature will be raised against each other or their respective family members, save and except the due fulfillment of their respective obligations mentioned in the present Memorandum of Settlement, the parties will have no claims of any nature howsoever/ whatsoever against each other.
7. The parties mutually undertake to abide by the present consent terms and the same shall be binding upon both of them. It is 3 agreed and declared that violation of any of the terms shall hold the party liable for initiation of legal action in accordance with law.
8. By signing this settlement, both the parties state that they have no further dispute against each other in respect of their marriage and all the disputes and differences in this regard have been amicable settled by them.
9. The contents of the settlement have been explained to both the parties in vernacular and they have understood the same. Both the parties undertake that they have consented and signed the above settlement after going through and understanding its contents and they have settled the disputes between themselves of their own free will and without any coercion, misrepresentation or mistake from any quarter.
10. It is further agreed between the parties that the Litigation Cost of the entire proceedings shall be borne by the respective parties.
11. It is further understood by the parties that for breach of the undertaking given to the concerned court of willful/deliberate violation of a consent order/decree, the defaulting party will be liable to be punished for contempt of Court.
12. It is further agreed between the parties that 2nd party undertakes to give no objection to 1st party or her relative/s seeking disposal/withdrawal/quashing of the FIR number 450/2020 Saroornagar Police Station, Hyderabad, Telangana and any other connected matter/s.
13. The present Memorandum of Settlement constitutes one composite settlement as a whole with none of the terms being severable from each other and the settlement shall be construed strictly upon all of the aforesaid conditions being duly fulfilled.
414. The parties accept, agree and undertake upon that after the passing of the order of dissolution of marriage both of them and their respective family members will not interfere in each other’s personal and professional life.
15. After the passing of the order of Dissolution of Marriage and Decree of Divorce, the parties expressly agree and undertake that they and their respective family members will not initiate any legal proceedings either civil or criminal against each other in future in respect to the matrimonial issues or their respective assets and properties.
16. Both the parties agree and undertake to this Hon’ble Court that they shall not make any make any slanderous statements against each other and/or their family members, on any social media or society at large. Both the parties agree and undertake not to interfere in the life of each other in any manner and also undertake not to make any allegations, defamatory or derogatory statements against each other and their respective family members personally or on any public forum or through social media i.e. through videos, whatsapp, facebook, twitter, instagram etc., or in any other manner. Both the parties are withdrawing allegations and counter allegations against each other.
17. The parties agree and undertake to this Hon’ble Court that they shall abide by the terms of the present Memorandum of Settlement and act in accordance with the same, in letter and spirit.
18. That there is no coercion, force, fraud, undue influence, misrepresentation etc., in signing the present settlement and their consent is free and voluntary consent.
19. The Parties agree to make joint request to the Hon’ble Supreme Court to pass Judgment and Decree in terms of this Memorandum of Settlement and dispose of all civil and 5 criminal matters pending in various Courts between the Parties herein and others.
20. By signing this agreement, the parties hereto solemnly state and affirm that they have no further claims or demands are pending against each other, and all the disputes and differences have been amicably settled by the parties hereto, through this Settlement Agreement.
21. The parties, do hereby agree that the Marriage between them solemnized on 15.05.2019 at Subham Palace at Karmanghat, Hyderabad be dissolved and Decree of Divorce be granted to them on the terms mentioned in these Consent Terms.”
7. The marriage solemnized between the appellant (Alea Kalpana) and third respondent (Kudikala Srikanth) on 15th May, 2019 is hereby dissolved by a decree of divorce under the provisions of Section 13B of the Hindu Marriage Act, 1955.
8. In view of the Settlement Agreement, FIR No.450 of 2020 registered at Saroornagar Police Station, Hyderabad, Telangana and the proceedings arising on the basis of the FIR are hereby quashed.
In view of the Settlement Agreement, Criminal Case No.176 of 2023 pending before V Additional Junior Civil Judge cum V Addl. Metropolitan Magistrate, RR District, L.B. Nagar, Telangana State is hereby quashed.
In view of the decree of divorce, F.C.O.P.No.1596/2019 pending in Second Additional Family Court, L.B. Nagar, RR Court, Hyderabad, Telangana is hereby disposed of in terms of 6 this order.
9. A decree shall be drawn incorporating the terms and conditions of the Settlement Agreement within a maximum period of four weeks from today. The decree shall contain the material terms and conditions of the Settlement Agreement which are quoted above.
10. The Appeal is accordingly disposed of.
11. We compliment the parties and their respective learned counsel for taking a reasonable stand and for bringing about an end to the long standing matrimonial dispute.
12. The appeal is disposed of on above terms.
13. Pending application(s), if any, shall stand disposed of.
..........................J. (ABHAY S.OKA) ...........................J. (AUGUSTINE GEORGE MASIH) New Delhi;
July 26, 2024.
7 ITEM NO.46 COURT NO.6 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No.1580/2023
(Arising out of impugned final judgment and order dated 19-11- 2022 in CRLP No. 2191/2022 passed by the High Court For The State Of Telangana At Hyderabad) ALEA KALPANA Petitioner(s) VERSUS THE STATE OF TELANGANA & ORS. Respondent(s) (IA No. 58084/2023 - EXEMPTION FROM FILING O.T. IA No. 240333/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES IA No. 58082/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) Date : 26-07-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Tk Sreedhar, Adv.
Ms. M Venkateswari, Adv.
Mr. Goli Rama Krishna, Adv.
Ms. Ts Subha Rajeswari, Adv.
Mr. Anand Dilip Landge, AOR Ms. Vandana Sharma Bhandari, Adv.
For Respondent(s) Mr. Rajiv Kumar Choudhry, AOR Mr. Saurabh Bhargavan, Adv.
Mr. Dhiraj Abraham Philip, AOR Mr. Nikhil Nair, Adv.
Ms. Chinju Bhargavan, Adv.8
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeal is disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(KAVITA PAHUJA) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file] 9