Supreme Court - Daily Orders
Rahul Saxena vs Indu Saxena on 10 February, 2023
Author: Sanjay Kishan Kaul
Bench: Sanjay Kishan Kaul
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No(s). 404/2023
(@ SLP (CRL.) No.5291/2022)
RAHUL SAXENA Appellant(s)
VERSUS
INDU SAXENA Respondent(s)
O R D E R
Leave granted.
Learned counsel for the parties and the parties are present in Court.
The mediation report is of failure. In order dated 04.1.2022, parties had agreed for a mutual consent divorce but the issue of permanent alimony and issue of stridhan which was something to be worked out is once again an aspect which is proving to be an impediment in the grant of mutual consent divorce. We thus heard learned counsel for the parties and on conspectus of the facts and circumstances of the case, more so as the issue of stridhan was becoming nebulous, proposed that a sum of Rs.72,00,000/- as permanent alimony in full and final settlement of all claims of the respondent be paid Signature Not Verifiedto her dehors any past payments which had been made. This Digitally signed by RASHMI DHYANI Date: 2023.02.16 16:58:20 IST Reason: will take care even of the stridhan. The parties have expressed their willingness in Court. 1 The factual scenario is that the parties though got married in 2016, differences cropped up with filing of the petition for maintenance on 22.12.2017. Since then various problems have cropped up resulting in institution of following five cases inter se the parties:-
S. Case No. Next date Proceeding Proceeding Court No. by 1 C.T. 1.2.2023 D.V. Act Respondent M.M. No.200/2018 Wife Karkardooma 2 M.T. 22.2.2023 Maintenance Respondent Family Court No.12/2018 Wife Karkardooma 3 5512/2021 2.2.2023 IPC Respondent M.M. Wife Karkardooma 4 HMA 18.2.2023 Divorce Petitioner Family Court 1558/2019 Husband Karkardooma 5 D. - Quashing Petitioner High Court of No.2082973/ Petition Husband Delhi 2022 The parties also state that all the five proceedings will be brought to an end with this Order and the proceedings at serial No.1 to 3 of the wife would stand quashed, the divorce proceedings will become infructuous and would stand withdrawn and so would also the quashing petition.
Insofar as the payment of the permanent alimony is concerned, it is stated that some time may be given. It is agreed that the amount may be paid in six installments of Rs.12,00,000/- each, first one commencing on or before 2 07th March, 2023 and similar installments on or before the seventh of each succeeding month. Thus, the total amount would be paid on or before the 07th August, 2023.
An undertaking made by the petitioner is accepted. In view of the aforesaid facts and circumstance, we are inclined to exercise jurisdiction under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent on account of irretrievable breakdown of marriage as there is little hope of reconciliation.
The decree sheet be accordingly drawn up. Insofar as the inter se proceedings are concerned, the first three proceedings mentioned aforesaid stand quashed, the divorce petition stands withdrawn and the quashing petition has become infructuous.
The payment will be paid directly in the account of the respondent in which earlier payments have been made.
The decree will be operative and will be issued to the petitioner only on full payment of the amount and proof of which will be filed before this Court which will be so on or before 07th August, 2023 depending on whether the payment is made by that date or an earlier date.
We appreciate the constructive approach adopted by the parties and learned counsels to put an end to these bouquet of cases and get on with their lives, since somehow, for the reasons best known to the parties the 3 marriage has not worked out.
Criminal Appeal No.404/2023 @ SLP (CRL.) No.5291/2022 The appeal accordingly stands disposed of. Parties and the learned counsels have signed the order in token of acceptance.
………………………………………………………J. (SANJAY KISHAN KAUL) ………………………………………………………J. (MANOJ MISRA) NEW DELHI 10th February, 2023 RAHUL SAXENA (Appellant) Mr. Apoorv Srivastava, Adv.
FOR M/S. Radiam Law, AOR
INDU SAXENA Mr. Chand Qureshi, AOR
(Respondent)
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ITEM NO.28 COURT NO.2 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). 5291/2022 (Arising out of impugned final judgment and order dated 27-04-2022 in Revision Petition (Crl.) No.1019/2019 passed by the High Court Of Delhi At New Delhi) RAHUL SAXENA Appellant(s) VERSUS INDU SAXENA Respondent(s) (mediation report received IA No. 161300/2022 - CLARIFICATION/DIRECTION) Date : 10-02-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE MANOJ MISRA For Appellant(s) Mr. Ravi Prakash Mehrotra, Sr. Adv.
Mr. Apoorv Srivastava, Adv.
M/S. Radiam Law, AOR For Respondent(s) Mr. Sunil Mittal, Sr. Adv.
Mr. Chand Qureshi, AOR Mr. Yogesh Sharma, Adv.
Mr. Rama Kant Sharma, Adv.
Mr. Surendra Ramgopal Agrawal, Adv. Mr. Atul Bhojane, Adv.
Dr. Chandra Rajan, Adv.
Mr. Mohit Yadav, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The mediation report is of failure. The appeal stands disposed of in terms of the signed order.
Pending applications stand disposed of.
(RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER
(signed order is placed on the file) 5