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2014 DIGILAW 736 (SC)

Harish Chander Drall v. Sureshwati

2014-07-14

KURIAN JOSEPH, M.Y.EQBAL

body2014
ORDER : 1. Present appeal relates to the matrimonial disputes between the parties and the Appellant/husband is seeking divorce by way of appeal. Today, an interlocutory application for directions filed by the Appellant is before us, by which it has been submitted that with the intervention of common relatives and friends, the parties have amicably settled all their disputes and made statement before the North-West District Family Court Rohini, New Delhi and agreed to take divorce by mutual consent. From the Memorandum of Understanding, it transpires that the parties are not in a position to live together as husband and wife. 2. Following are the list of cases pending before the Courts between the parties: (i) Matrimonial civil case No. 399/2010 filed by the Respondent u/s 125 Code of Criminal Procedure which is pending in the Court of Smt. Bimla Kumari, ADJ; (ii) Case No. 17/04/2008 filed u/s 12 of Protection of Women from Domestic Violence Act, 2005 which is pending in the Court of Shilpi Jain, Metropolitan Magistrate, Rohini Courts, Delhi; (iii) Case No. 1273/2/2006 Under Sections 406 and 498A, Indian Penal Code which is pending in the Court of Shilpi Jain, Metropolitan Magistrate, Rohini Courts, Delhi; (iv) Suit for injunction being Case No. Cs 355/2012 filed by the Petitioner against the Respondent which is pending in the Court of Sh. Sushant Changotra, Civil Judge, Tees Hazari Courts, Delhi. 3. The parties have agreed that all pending cases be disposed of and they will not initiate any further civil or criminal case. 4. The husband - first party has agreed to pay a total sum of Rs. 20,00,000/- towards full and final settlement of all claims of wife-second party including dowry articles, istridhan and maintenance (past, present and future), permanent alimony. Second party shall henceforth have no claim whatsoever of any kind against first party who shall pay aforesaid Rs. 20,00,000/- in four installments. 5. An installment of Rs. 10,00,000/- shall be payable by the first party to the second party at the time of final decree of divorce before the Supreme Court, if this Court would be pleased enough to waive the statutory period of six months between both motions. 6. Next installment of Rs. 20,00,000/- in four installments. 5. An installment of Rs. 10,00,000/- shall be payable by the first party to the second party at the time of final decree of divorce before the Supreme Court, if this Court would be pleased enough to waive the statutory period of six months between both motions. 6. Next installment of Rs. 5,00,000/- shall be payable by first party to second party at the time of withdrawal of complaint case filed by her u/s 125 Code of Criminal Procedure which is pending in the Court of Smt. Bimla Kumari, ADJ and Section 12 of Protection of Women from Domestic Violence Act, 2005, pending in the Court of Shilpi Jain, Rohini, MM.. 7. The final installment of Rs. 5,00,000/- shall be payable by first party to the second party at the time of quashing of FIR No. 460/1994 u/s 406/498A Indian Penal Code at P.S. Sultan Puri, Delhi. The second party undertakes here to fully cooperate in quashing of the above mentioned FIR and will appear before the Court and will give statement in this regard. 8. It has also been agreed between the parties that second party shall make a statement in the suit for injunction filed by the first party against the second party which is pending in the Court of Sh. Sushant Changotra, C.J., Delhi to the effect the she had no right, title or interest or any claim in any property of the first party or his family. 9. It is further contended that the first party had already returned entire dowry articles and jewellery items given to the second party at the time of marriage and same was received by the second party in the presence of respectable persons of both sides and receipt of same is acknowledged herein, 10. The parties have agreed that all pending cases be disposed of and they will not initiate any further civil or criminal case. 11. The Learned Counsel appearing for the parties have stated before us that the Memorandum of Understanding has been arrived at between the parties of their own free will, without any coercion, undue influence or pressure from any quarter. 12. 11. The Learned Counsel appearing for the parties have stated before us that the Memorandum of Understanding has been arrived at between the parties of their own free will, without any coercion, undue influence or pressure from any quarter. 12. By the application filed jointly by the parties, it is prayed that this Court may invoke its extraordinary jurisdiction Under Article 142 of the Constitution of India to do complete justice between the parties by waiving the statutory period of six months as provided u/s 13B of the Hindu Marriage Act, 1955 (for short, 1955 Act') and grant a decree of divorce by mutual consent and also quash all pending litigations between the parties. 13. We are satisfied that Memorandum of Understanding arrived at between the parties is bona fide and is not tainted by coercion, influence or pressure from any quarter. We are also satisfied that now since the parties have settled their matrimonial dispute amicably, this is a fit case where we should invoke our extraordinary jurisdiction under Article 142 of the Constitution of India to do complete justice between the parties and waive the statutory period of six months as provided u/s 13B of the Act particularly in view of the fact that the parties have been living separately ever since 1993 and in the peculiar facts and circumstances of this case. 14. In light of the above, we allow I.A. No. 2 of 2014. A decree of divorce by mutual consent u/s 13B of the Act is granted waiving the waiting period of six months. 15. Matrimonial civil case No. 399/2010 filed by the Respondent u/s 125 Code of Criminal Procedure which is pending in the Court of Smt. Bimla Kumari, ADJ and Suit for injunction being Case No. CS 355/2012 filed by the Petitioner against the Respondent which is pending in the Court of Sh. Sushant Changotra, Civil Judge, Tees Hazari Courts, Delhi shall stand dismissed as infructuous. 16. Proceedings in Case No. 17/04/2008 filed u/s 12 of Protection of Women from Domestic Violence Act, 2005 and in Case No. 1273/2/2006 Under Sections 406 and 498A, Indian Penal Code, pending in the Court of Shilpi Jain, Metropolitan Magistrate, Rohini Courts, Delhi, shall stand quashed. 17. Sushant Changotra, Civil Judge, Tees Hazari Courts, Delhi shall stand dismissed as infructuous. 16. Proceedings in Case No. 17/04/2008 filed u/s 12 of Protection of Women from Domestic Violence Act, 2005 and in Case No. 1273/2/2006 Under Sections 406 and 498A, Indian Penal Code, pending in the Court of Shilpi Jain, Metropolitan Magistrate, Rohini Courts, Delhi, shall stand quashed. 17. We record and accept the undertaking given by the parties that they will abide by the terms and conditions incorporated in the Memorandum of Understanding and shall not initiate any further civil or criminal case against each other and/or their family members with regard to the matrimonial alliance. 18. Today, Learned Counsel for the Appellant has handed over two demand drafts of Rs. 5,00,000/- each to the Learned Counsel for the Respondent, which is taken on record. Since all the proceedings pending in the lower courts have been disposed of today and there is no dispute pending in any court, Appellant is directed to make payment of remaining amount of Rs. 10,00,000/- to the Respondent within a period of six weeks from today. In the event Petitioner fails to pay or deposit the balance amount of Rs. 10,00,000/- as aforesaid, this order shall stand recalled. Civil Appeal is disposed of as above. No costs.