Supreme Court - Daily Orders
Nilay Rajendra Shah vs Amruta Nilay Shah on 20 July, 2021
Bench: L. Nageswara Rao, Aniruddha Bose
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 2849-2850 OF 2021
( @ SLP (CIVIL) NOS.25731-25732/2017 )
NILAY RAJENDRA SHAH APPELLANT(S)
VERSUS
AMRUTA NILAY SHAH RESPONDENT(S)
O R D E R
Leave granted.
The respondent-wife filed an application for maintenance under Section 24 of the Hindu Marriage Act, 1955 read with Section 20 of the Protection of Women from Domestic Violence Act, 2005 which was allowed.
Aggrieved thereby, the appellant filed a writ petition under Article 227 of the Constitution of India. The High Court dismissed the Writ Petition and directed the final disposal of the petition filed by the respondent-wife before the trial Court. Signature Not Verified
Challenging the said order of the High Court, the Digitally signed by GEETA AHUJA Date: 2021.07.22 14:13:43 IST Reason: appellant has filed the above appeals.
Notice was issued on 09.10.2017. Later, the matter 2 was referred to Supreme Court Mediation Centre. Due to the efforts of the Mediator, the parties have agreed to settle all their disputes. A copy of the Settlement Agreement dated 01.06.2021 has been filed by the learned counsel for the appellant. It was agreed between the parties that the appellant-husband shall pay Rs.1,05,00,000/- towards all the claims of respondent- wife for maintenance, alimony, stridhan, residence etc. Learned counsel for the respondent submits that a demand draft for the said amount has already been received by her.
A request has been made by both the parties that a decree for dissolution of marriage be passed by this Court.
As per the Settlement Agreement, the parties have agreed to withdraw all cases filed by them and which are pending in Courts in India and the U.S.A. The Settlement Agreement is made part of the record.
The parties are directed to act strictly in accordance with the Settlement Agreement and withdraw all the cases expeditiously.
In view of the settlement reached between the 3 parties, the marriage between the appellant and the respondent shall stand dissolved by a decree of divorce with mutual consent. A decree may be drawn accordingly.
The appeals are disposed of accordingly. Pending application(s), if any, shall also stand disposed of.
....................J ( L.NAGESWARA RAO ) ....................J ( ANIRUDDHA BOSE ) NEW DELHI;
20th JULY, 2021
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ITEM NO.5 Court 6 (Video Conferencing) SECTION IX
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(s). 25731-
25732/2017
(Arising out of impugned final judgment and order dated 28-07-2017 in CA No. 1440/2017 28-07-2017 in WP No. 3753/2017 passed by the High Court Of Judicature At Bombay) NILAY RAJENDRA SHAH Petitioner(s) VERSUS AMRUTA NILAY SHAH Respondent(s) (with applns. for exemption from filing c/c of the impugned judgment and permission to file additional documents/facts/annexures) Date : 20-07-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. Aruna Gupta, AOR Mr. Ramesh Allanki, Adv Mr. Syed Ahmad Naqvi, Adv. Ms. Inklee Barooha, Adv For Respondent(s) Mr. Rohit Sharma, Adv.(AC) Mr. Rounak Nayak, Adv.
Ms. Arju Chaudhary, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the Signed Order. Pending application(s), if any, shall also stand disposed of.
(GEETA AHUJA) (ANITA RANI AHUJA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed Order is placed on the file)