Research › Browse › Judgment

Supreme Court of India · body

2024 DIGILAW 1183 (SC)

Gourav Rajvanshi v. Neetu Aeron

2024-11-22

HRISHIKESH ROY, S.V.N.BHATTI

body2024
ORDER Leave granted. 2. The parties have filed a joint application (I.A.No.65620 of 2024) for resolution of their matrimonial dispute. 3. Heard Mr. Sushil Kumar Jain, learned senior counsel appearing for the appellant (husband). The respondent (wife) is represented by Mr. Nitin Bhardwaj, learned counsel. 4. The parties who are present in the Court, have reached an out of Court settlement and the terms of the mutual resolution were reduced into writing on 19.11.2024. 5. As part of the financial obligation, the appellant has handed over a Demand Draft (No.691798 dated 19.11.2024) of RBL Bank Ltd. for a sum of Rs.1,22,00,000/- (Rupees One Crore and Twenty Two Lakhs only) and the same is personally received by Ms. Neetu Aeron, in Court itself. 6. The pending complaints filed by the respondent against the appellant include (i) Case No.4492/2014 (3200103/2013, titled as Rajasthan Government Vs. Gourav Rajvanshi pending before the Additional Judicial Magistrate, Hanuman Garh, Rajasthan and (ii) the Maintenance Case CRM 57/2019 titled as Neetu Aeren Vs. Gourav Rajvanshi, pending before the ACJM, Hanuman Garh, Rajasthan. These cases shall stand closed/quashed as part of the present settlement deed. 7. Insofar as the son “Siddhant” born to the couple, the parties have mentioned the details of the arrangement, in paragraph 5 of the settlement deed. The same reads as under:- “5. That, it is also explicitly agreed between the Parties that the First Party will continue to take care of their Autistic Son “Siddhant” aged 26 years to the best of his ability as is being done since last 16 years and currently, since 27th September 2024 Son of the Parties-Siddhant has been admitted in the RVM School of Special Education, Hostel & rehabilitation Center-Bahalgarh, Sonepat, Haryana. It will be permissible for the Second party to meet her son, during the visiting days and visiting hours of the aforesaid institute at RVM, as per the best knowledge of the First Party/Gourav, that the meeting timings are 11:00 am – 1:00 pm and 4:00 pm – 6:00 pm on Saturdays and Sundays, however, there may be other days for visitation, which the First Party is not immediately aware of. If the child is shifted to another place or institution then also the Second Paty shall be informed of the same and shall always have the right to meet her son. If the child is shifted to another place or institution then also the Second Paty shall be informed of the same and shall always have the right to meet her son. Any such institution (including RVM0 shall be duly informed about the rights of the Second Party/Nity Aeron to meet her son. The son of both the parties has been privately trained in self-upkeep, physical training & sports and he has been exposed to such interventions as required from time to time, and the First party will continue to arrange the same as per best of his capability and circumstances whatsoever he feel is best for the upbringing of their son in future. The First Party/Gourav Rajvanshi shall create a Trust and the sale proceeds of the land and house properties of First Party’s deceased father Late Shri Satya Manohar Rajvanshi, out of his share of entitlement will be kept in the trust and the Trust shall be managed by the First Party/Gourav as the managing trustee in a manner that the corpus yields proceeds which shall be sufficient for the upkeep and maintenance of the child of the parties namely Siddhant for the remainder of his life. The Trust shall be created within a period of six month.” 8. Having regard to the above, we deem it appropriate to invoke our power under Article 142 of the Constitution and order for the dissolution of marriage of Gourav Rajvanshi and Neetu Aeron. The decree of divorce be drawn up accordingly. The I.A.No.65620 of 2024 stands disposed of. 9. The matter stands disposed of in terms of the settlement deed which is made part of this order. 10. Pending application(s), if any, shall stand disposed of.