Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 300

SUPREME COURT OF INDIA
Kurian Joseph, Mohan M. Shantanagoudar, JJ.
Anu Bhandari – Appellants
Versus
Pradip Bhandari – Respondents
Civil Appeal No. 2494 of 2018 (Arising out of S.L.P.(Civil) No. 15537 of 2016) With Civil Appeal No. 2495 of 2018 @ SLP (Civil) No. 2343 of 2017
Decided On : 05-03-2018

Advocates Appeared:
For the Parties :- Subramanium Prasad, Sr. Adv., Ms. Varuna Bhandari Gugnani, Bhakti Vardhan Singh, Amit Kumar Pathak, Tushar Thareja, Vikas Singh Jangra, Siddhartha Iyer, H. Pal Singh, Ms. Ruchi Kohli, Gaurav Gilhotra, Ms. Rajitha (TH), Surinder Kumar Gupta, Advocates.

IMPORTANT POINT
Jurisdiction u/s 9, Family Court Act is not just to decide a dispute. Court also has to involve itself in the process of conciliation/mediation between the parties for assisting them not only to settle the disputes but also to secure speedy settlement of disputes.

Headnote:(a) Hindu Marriage Act, 1955 – Section 13B – In view of settlement and compromise arrived at between the parties, application u/s 13B allowed – Waiting period of six months waived – Parties directed to strictly abide by terms of settlement – Parties restrained from further litigation – All cases quashed/dismissed/disposed of. (Para 9, 10)
       (b) Family Court act, 1984 – Section 9 – Jurisdiction not just to decide a dispute – Court also has to involve itself in the process of conciliation/mediation between the parties for assisting them not only to settle the disputes but also to secure speedy settlement of disputes. (Para 14)
       Facts of the case:
       Husband and wife married on 18.05.1997, having two children, living separately since 2011 involved in various litigations, civil as well as criminal since 2013 (in all 23 cases before different forums including Supreme court).
       The couple finally arrived at a compromise and Supreme Court allowed their application u/s 13B, HMA waiving waiting period of six months.
       Finding of the Court:
       The litigations require to be given a quietus.
       Result: Appeals disposed of.

JUDGMENT

Kurian, J.

Leave granted.

God always has something for you
A KEY	for every Problem
A LIGHT	for every shadow
	AND
A PLAN	for every tomorrow
	VERY
	OBDIENT :
	VIBHU

This is the rich encomium paid to the Court by Master Vibhu, the ten year old son of the appellant and respondent. The little one present in Court today is exuberantly happy and sought liberty to present a handmade card expressing his joy on the settlement of all the disputes and litigations between his mother and father. Their marriage was solemnized as per Hindu rites on 18.05.1997. They have two children - Bhuvi, the elder daughter born on 19.04.1998 and Vibhu, son born on 31.01.2008. On account of marital discord and temperamental differences, they have been living separately since March, 2011. They are involved in various litigations, civil as well as criminal. As of now, twenty three cases are pending before various courts - Trial Courts, High Court, this Court and one before the Consumer Forum.

3. There have been several efforts for settlement. Notable among them were the intervention of Hon'ble Mrs. Justice Lisa Gill, Judge of the High Court of Punjab and Haryana and Ms. Meenakshi Arora, learned Senior Counsel, appointed by this Court as Mediator. Having noticed that all the efforts hitherto have not been fully fruitful, we directed the parties to be present before this Court. The parties have cooperated with the tireless efforts taken by this Court. It is heartening to note that finally the parties have reached an amicable settlement. The terms of settlement have been stated in detail in Interlocutory Application No. 19210 of 2018, based on which the parties have sought for divorce by mutual consent. The Interlocutory Application No. 19210 of 2018 shall form part of this Judgment.

4. Since the parties have finally resolved their entire disputes, they have prayed for giving a quietus to the entire civil and criminal litigations. Having regard to the nature of the cases and having due regard to the settlement, we are of the view that it is in the interest of justice that the entire litigations between the parties are also put an end to, in terms of the settlement.

5. Accordingly, the following cases are quashed:-

Sl.No.	Case No.	Court/Authority
1.	Crl. Complaint No.162/14	Judicial Magistrate First Class, Chandigarh
2.	Crl. Complaint No.1359/16	Judicial Magistrate First Class, Chandigarh
3.	PHC 1430/14	Judicial Magistrate First Class, Chandigarh
4.	Untraceable Case 156/2016	Judicial Magistrate First Class, Chandigarh
5.	Case No.301/13 dated 14.6.13	Judicial Magistrate First Class, Chandigarh
6.	Case No.464/13	Judicial Magistrate First Class, Chandigarh
7.	FIR No.0167 dated 25.8.2017	P.S. City Phagwara P.S. City Phagwara

6. The following cases are dismissed:-

Sl.No.	Case No.	Court/Authority
1.	Civil Suit No.12905/13	Judicial Magistrate First Class, Chandigarh
2.	Crl. Misc. Case No.570 of 2016	Judicial Magistrate First Class, Chandigarh
3.	Crl. Misc. Case No.305 of 2015	Judicial Magistrate First Class, Chandigarh
4.	Execution App. No.543/14	ADJ, Chandigarh
5.	Civil Suit No.CS CJ/1072/2016	JMIC, Chandigarh
6.	Contested Mutation No.8303 of Village Maloya, Chandigarh	Sub. Divisional Magistrate (South) U.T. Chandigarh

7. The following cases are disposed of in terms of the Settlement:-

Sl.No.	Case No.	Court/Authority
1.	CRM No.M-1087 of 2017	High Court of Punjab and Haryana at Chandigarh
2.	CRM No.M-10620 of 2017	High Court of Punjab and Haryana at Chandigarh
3.	CRM No.M-14499 of 2017	High Co

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2018 Supreme(SC) 300

SUPREME COURT OF INDIA Kurian Joseph, Mohan M. Shantanagoudar, JJ.Anu Bhandari – AppellantsVersusPradip Bhandari – RespondentsCivil Appeal No. 2494 of 2018 (Arising out of S.L.P.(Civil) No. 15537 of 2016) With Civil Appeal No. 2495 of 2018 @ SLP (Civil) No. 2343 of 2017Decided On : 05-03-2018

IMPORTANT POINTJurisdiction u/s 9, Family Court Act is not just to decide a dispute. Court also has to involve itself in the process of conciliation/mediation between the parties for assisting them not only to settle the disputes but also to secure speedy settlement of disputes.

IMPORTANT POINT
Jurisdiction u/s 9, Family Court Act is not just to decide a dispute. Court also has to involve itself in the process of conciliation/mediation between the parties for assisting them not only to settle the disputes but also to secure speedy settlement of disputes.