Supreme Court - Daily Orders
Priyanka Verma vs Kunal Verma on 5 August, 2019
Bench: S.A. Bobde, B.R. Gavai
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6213 OF 2019
(ARISING OUT OF SLP(C) NO.23875 OF 2018)
PRIYANKA VERMA …...APPELLANT(S)
VERSUS
KUNAL VERMA …..RESPONDENT(S)
O R D E R
The Petitioner - wife has filed this special leave petition against the impugned order dated 06.8.2018 passed by the High Court of Delhi in Mat.Appl.(F.C.) No.182 of 2018 whereby the High Court has dismissed the appeal and appointed a lady local commissioner to record the evidence.
On 10.09.2018 while issuing notice to the respondent-husband for the purpose of mediation, this Court referred the matter to the Supreme Court Mediation Centre.
Leave granted.
Signature Not VerifiedDigitally signed by SANJAY KUMAR Date: 2019.08.08 The parties who are present in person before us 16:02:31 IST Reason: today have settled their matrimonial disputes freely and voluntarily before the Supreme Court Mediation 2 Centre. The settlement is recorded in an agreement dated 05.03.2019 which is duly signed by the parties and the learned Mediator.
We accordingly accept the aforesaid Settlement Agreement and direct that it shall form part of this order.
An application being I.A. No.79792 of 2019 has been filed for grant of divorce by mutual consent under section 13B of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution. It is an admitted fact that the parties have not lived together for more than a period of four years. Having regard to the nature of the differences between them and the admission of the parties that they have acted in terms of the aforesaid settlement agreement, we are of the opinion that we may invoke and exercise the powers vested in this Court under Article 142 of the Constitution. Accordingly, the petition being HMA No.983 of 2017 pending before the Principal Judge, Family Court, Saket, New Delhi, is withdrawn to this Court and disposed of by converting proceedings under Section 12 and in the alternative 13(1)(ia) and (iii) into one under Section 13-B of the Hindu Marriage Act, 1955 and by invoking our 3 powers under Article 142 of the Constitution, we grant a decree of mutual divorce to the parties and direct that the marriage between the parties shall stand dissolved by mutual consent. Accordingly, Interlocutory application being I.A. No.79792 of 2019 for grant of divorce by mutual consent is allowed. The instant appeal is disposed of in the above terms.
Pending interlocutory applications, if any, also stand disposed of.
....................J [S. A. BOBDE] ....................J [B. R. GAVAI] New Delhi;
August 05, 2019.
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ITEM NO.45 COURT NO.2 SECTION XIV
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). 23875/2018
(Arising out of impugned final judgment and order dated 06-08-2018 in MAT.A. (F.C.) No.182/2018 passed by the High Court Of Delhi At New Delhi) PRIYANKA VERMA Petitioner(s) VERSUS KUNAL VERMA Respondent(s) (MEDIATION REPORT IS RECEIVED ON 13.03.2019) (With IA No. 79792/2019 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A. and IA No. 79794/2019 – DIRECTION and IA No. 124427/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 05-08-2019 The petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. Vivek Singh, Adv.
Mr. Ravi Bhushan, Adv.
Mr. C.P. Rajwar, Adv.
Ms. Udita Singh, AOR For Respondent(s) Mr. karthik Seth, Adv.
Mr. Shikhar Mishra, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The instant appeal is disposed of and Interlocutory application being I.A. No.79792 of 2019 for grant of divorce by mutual consent is allowed in terms of the signed order.
Pending interlocutory applications, if any, also stand disposed of.
(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed Order is placed on the file)