Ankitha Gundu vs K. Bhuvaneshwaran on 9 August, 2023

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Ankitha Gundu vs K. Bhuvaneshwaran on 9 August, 2023

Bench: J.K. Maheshwari

                                                       1

                                    IN THE SUPREME COURT OF INDIA

                                      CIVIL ORIGINAL JURISDICTION

                            TRANSFER PETITION(S) (CIVIL) NO(S). 1106/2023


     ANKITHA GUNDU                                                     Petitioner(s)

                                          VERSUS


     K. BHUVANESHWARAN                                                 Respondent(s)


                                                  ORDER

This petition has been filed seeking transfer of O.P. No. 2105 of 2021 titled as “K. Bhuvaneshwaran Vs. Ankitha Gundu” from the Family Court at Alandur, Chennai, Tamil Nadu to Mulund Family Court at Mumbai, Maharashtra.

During the pendency of this petition, the parties have jointly decided to take Divorce by mutual consent and have entered into a Deed of Compromise dated 03.06.2023, which is filed along with I.A. No. 135873 of 2023 on 17.07.2023, supported by the affidavits of the petitioner as well as the respondent, and made the following Signature Not Verified prayer : Digitally signed by Jayant Kumar Arora Date: 2023.08.14 18:56:33 IST Reason: “a. Dissolve the marriage between the Petitioner Ankitha Gundu and Respondent K. 2 Bhuvaneshwaran by mutual consent divorce under section 13B of Hindu Marriage Act, 1955 read with Article 142 of the Constitution of India; and b. Quash and set aside Complaint under Section 12 Protection of Women from Domestic Violence Act, 2005, filed by the Petitioner wife bearing Case No. 74/2022 filed before the Hon’ble 53rd Metropolitan Magistrate, Mulund, Mumbai, Maharashtra; and c. Quash and set aside Petition under Section 9, Hindu Marriage Act, 1955 read with Section7, Family Courts Act, 1984 filed by the respondent husband bearing No. 2105 of 2021, before the Hon’ble Subordinate Judge, Alandur, Chennai, Tamil Nadu; and d. Quash and set aside the police complaint filed by the petitioner wife against the respondent husband before Sub Inspector of Police, Kanjur Marg Police Station under section 498A, 321, 323, 354A, 403, 405, 415 and 499 of the Indian Penal Code, 1860.” e. XXXX” We have heard learned counsel for the parties at length. Also heard Ms. Ankitha, who is present in Court and Mr.K.Bhuvaneshwaran, who is present through virtual mode. The 3 petitioner and the respondent have voluntarily stated before the Court that looking to the differences, they do not wish to live together. However, they have prayed for the Decree of Divorce by mutual consent. It is said that they are ready to withdraw the abovementioned proceedings and culminate the litigation.

Considering the aforesaid, since the parties have decided to live separately, in the facts and circumstances of the case, where the parties expressed that reunion is not possible, we grant a Decree of Divorce by mutual consent. This we do in exercise of our powers under Article 142 of the Constitution of India. The marriage between Ms. Ankitha Gundu and Mr.K.Bhuvaneshwaran is hereby dissolved by mutual consent. They are free to live separately, as prayed for in the application.

We further direct that as per the prayer made in Clause b, c and d of the application, the parties shall withdraw their respective cases against each other. On filing a copy of this order, the concerned Courts shall close the cases in terms of the settlement and the order of this Court. The parties shall abide by the terms of the Compromise Deed.

In view of aforesaid, I.A.No. 135873 of 2023 is allowed and the Transfer Petition is disposed of.

Pending application(s), if any, shall stand disposed of.

…….....……….................J. [J. K. MAHESHWARI] ………….……...................J. [K. V. VISWANATHAN] NEW DELHI;

AUGUST 09, 2023.

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ITEM NO.10                 COURT NO.9                   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).    1106/2023

ANKITHA GUNDU                                            Petitioner(s)

                                  VERSUS

K. BHUVANESHWARAN                                        Respondent(s)

(IA No. 135873/2023 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A.) (IA No. 86027/2023 - STAY APPLICATION) Date : 09-08-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Shantanu Sagar, AOR Mr. Ashish K Singh, Adv.

Mr. Amit K Singh, Adv.

Mr. Rishabh Sharma, Adv.

Mr. Ritwik Bhardwaj, Adv.

For Respondent(s) Mr. Gyan Prakash Srivastava, AOR Mr. Chetan Hadolikar, Adv.

UPON hearing the counsel the Court made the following O R D E R I.A.No. 135873 of 2023 is allowed and the Transfer Petition is disposed of.

Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER (Signed order is placed on the file)

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