Supreme Court - Daily Orders
P. Krithika vs E. Srinath on 12 May, 2023
Bench: Abhay S. Oka, Rajesh Bindal
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1038 OF 2022
P.KRITHIKA Petitioner(s)
VERSUS
E.SRINATH Respondent(s)
O R D E R
1. On 7th September, 2022 this Court referred the parties to the Supreme Court Mediation Centre for amicable settlement of their disputes. Mediation Report dated 15th February along with a Settlement Agreement dated 13th February, 2023 have been received from the Supreme Court Mediation Centre.
2. Heard the learned counsel appearing for the parties and perused the Settlement dated 13th February, 2023 in the form of a Settlement Agreement. The Settlement Agreement is signed by both the parties and their respective advocates in the presence of the learned mediator of the Supreme Court Mediation Centre.
3. The marriage between the parties was solemnized on 28th October, 2018. Thereafter, the relationship between Signature Not Verified Digitally signed by Anita Malhotra Date: 2023.05.20 the parties turned bitter which ultimately culminated 12:41:49 IST Reason: into filing of several cases in different Courts and 1 fora. Now the parties have agreed to dissolve the marriage by mutual consent.
4. In the facts and circumstances of the case, we find that there is an irretrievable break down of marriage and therefore, this is a fit case to exercise jurisdiction under Article 142 of the Constitution of India to dissolve the marriage. All other formalities such as payment of agreed sum of Rs.8,00,000/- (Rupees eight lakhs) by the respondent to the petitioner and return of ornaments as mentioned in the Settlement Agreement have already been complied.
5. There are 9 proceedings pending between the parties which read thus:
"(i) Complaint before National Commission for Women bearing case No.8/C200023693/2020/NCW/CD/SAK
(ii) Compt.Case-1474/2021 titled P.Krithika versus E Srinath filed by Petitioner/wife before the Hon'ble Civil Court, Bilaspur Chhattisgarh.
(iii) MJC Criminal - 975/2021 titled P Krithika versus E Srinath and others filed by the Petitioner/wife before the Hon'ble Civil Court, Bilaspur Chhattisgarh this Hon'ble Court in which the matter was referred to the Supreme Court Mediation Center.
(iv) Complaint - 1383/2022 titled G Meena versus E Srinath and R Easwaran filed by the mother on behalf of the Petitioner/wife before the State Commission for Women, Raipur, Chhattisgarh.2
(v) Writ Petition - WP227/351/2022 titled P Krithika versus E Srinath filed by the Petitioner/wife before the Hon'ble High Court of Chhattisgarh.
(vi) Criminal Revision Petition CRR/611/2022 titled P Krithika versus E Srinath filed by the Petitioner/wife before the Hon'ble High Court of Chhattisgarh against the final Order/Judgment passed by the Hon'ble Family Court of Bilaspur, Chhattisgarh.
(vii) H.M.O.P. - 1414/2021 titled E Srinath
versus P Krithika filed by the
respondent/husband before the Hon'ble
Subordinate Judge of Alandur Court,
Kancheepuram, Chennai.
(viii) Transfer Petition (C) No.1038/2022 titled P Krithika versus E Srinath filed by the Petitioner/wife before this Hon'ble Court in which the matter referred to the Supreme Court Mediation Center.
(ix) The petitioner agrees to withdraw the complaint filed before State Commission for Women bearing Case ID No.573371181.
One of the 9 proceedings is the present Transfer Petition.
6. Considering the overall settlement between the parties, we direct that the marriage solemnized between the petitioner and the respondent on 28th October, 2018 shall stand dissolved in terms of Section 13(B) of the 3 Hindu Marriage Act, 1955. The terms and conditions incorporated in the Settlement Agreement shall form part of the decree.
7. We direct that HMOP No.1414 of 2021 shall stand disposed of in terms of the decree. The complaints at Item Nos. 1, 4 and 9 in paragraph 10 quoted above stand withdrawn. Contempt Case No.1474 of 2021 and MJC Criminal No.975 of 2021 pending before the Civil Court, Bilaspur, Chhattisgarh stand disposed of as withdrawn. Writ Petition 227/351/2022 and Criminal Revision Petition CRR/611/2022 pending before the High Court of Chhattisgarh also stand disposed of as withdrawn.
8. Copies of this order shall be forwarded to the National Commission for Women, State Commission for Women and concerned Courts to enable them to record disposal of the respective cases.
9. The Transfer Petition is, accordingly disposed of. Decree to be drawn within six weeks.
..........................J. (ABHAY S.OKA) ..........................J. (RAJESH BINDAL) NEW DELHI;
May 12, 2023.
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ITEM NO.2 COURT NO.15 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). 1038/2022
P. KRITHIKA Petitioner(s)
VERSUS
E. SRINATH Respondent(s)
(IA No. 67766/2022 - EXEMPTION FROM FILING O.T. IA No. 67764/2022 - STAY APPLICATION) Date : 12-05-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Chandrashekhar A.Chakalabbi, Adv.
Mr. S.K. Pandey, Adv.
Mr. Awanish Kumar, Adv.
Mr. Anshul Rai, Adv.
Mr. Abhinav Garg, Adv.
Mr. D. Girish Kumar, Adv.
Mr. Kumar Vinayakam Gupta, Adv. Mr. Anupam Jain, Adv.
Mr. Ujjawal Sharma, Adv.
Ms. Aishwarya N Hiremath, Adv.
For M/S. Dharmaprabhas Law Associates, AOR For Respondent(s) Mr. V. Ramasubramanian, AOR UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is disposed of in terms of the signed order.
Pending applications also stand disposed of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.) 5