Supreme Court - Daily Orders
Archita @ Anu Seth vs Sunil Seth on 23 April, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 722 OF 2019
(@SLP (Crl.) No. 2334 of 2019)
ARCHITA @ ANU SETH Appellant(s)
VERSUS
SUNIL SETH Respondent(s)
O R D E R
Leave granted.
This appeal has arisen from a judgment of a learned Single Judge of the Delhi High Court dated 11 January 2019.
The appellant impugned an order dated 7 May 2015, by which her claim for maintenance under Section 125 of the Code of Criminal Procedure, 19731 was rejected on the ground that she had failed to show sufficient cause for living separately.
A decree for divorce was granted to the respondent by the Principal Judge, Family Court, Central District, Tis Hazari, Delhi on 12 March 2015 in HMA No. 1327/14/2015. The decree for Signature Not Verified divorce was on the ground of mental cruelty. The judgment of Digitally signed by MANISH SETHI Date: 2019.04.24 16:59:23 IST Reason: the Family Court was upheld by a Division Bench of the Delhi High Court in Mat. App. (F.C.)68/2015 on 30 September 2016. 1 “CrPC” 2 The Special Leave Petition against the judgment of the High Court was also dismissed by this Court. The decree for divorce has attained finality.
The High Court by its impugned order dated 11 January 2019 has held that in view of the provisions of Section 125(4), the appellant would not be entitled to maintenance prior to the date of the decree of divorce. However, it has been observed that it would be open to the appellant to move an application under Section 125 CrPC for the period after 12 March 2015 when the decree for divorce was passed.
Notice was issued in these proceedings on 15 March 2019 in pursuance of which both the parties are personally present before this Court, represented by their respective counsel. During the course of the hearing, the parties have accepted the suggestion of the Court that they may agree to a lumpsum payment to be made to the appellant by the respondent in full and final satisfaction of all the claims, demands and outstandings of the appellant towards maintenance. Parties have accepted the suggestion.
Accordingly, we direct that in terms as agreed, the respondent shall pay to the appellant a lumpsum of Rs 11 lakhs which shall be payable within a period of four weeks from today. Upon the payment being made in the aforesaid terms, all the claims of the appellant towards maintenance shall stand satisfied. It has also been agreed that upon the making of the aforesaid payment, all pending proceedings shall stand quashed.
Parties are at liberty to produce a copy of this order 3 before the concerned court/courts, as the case may be, for implementation of the above directions.
The appeal is, accordingly, disposed of. Pending application(s), if any, shall also stand disposed of.
.............................J. (DR. DHANANJAYA Y. CHANDRACHUD) .............................J. (HEMANT GUPTA) NEW DELHI APRIL 23, 2019 4 ITEM NO.7 COURT NO.11 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). 2334/2019 (Arising out of impugned final judgment and order dated 11-01-2019 in CRLRP No. 455/2015 passed by the High Court Of Delhi At New Delhi) ARCHITA @ ANU SETH Petitioner(s) VERSUS SUNIL SETH Respondent(s) Date : 23-04-2019 This petition was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. S.K. Srivastava, Adv. Mr. Gurjeet Singh, Adv. Mr. Aftab Ali Khan, AOR For Respondent(s) Mr. Kirti Uppal, Sr. Adv. Mr. Sidharth Chopra, Adv. Mr. Abhimanyu R., Adv. Ms. Shaini Bhardwaj, Adv. Ms. Richa Kapoor, AOR 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.
(MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER
(Signed order is placed on the file)