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2008 Supreme(SC) 1965
SUPREME COURT OF INDIA
ARIJIT PASAYAT, P. SATHASIVAM, JJ.
Navpreet Kaur - Appellant
Versus
Gurkirat Singh - Respondent
Transfer Petition (C) No. 326 of 2008
Decided on : 06-12-2008
For the Appellant :Mr. K.B. Rohatgi, Ms. Aparna Rohatgi Jain, Mahesh Kasana and Vinod Kumar, Advocates.
For the Respondent:Mr. Sheetal Prasad Juneja, Advocate.
The court has the authority to order financial support for the welfare of a child, quash pending criminal and divorce proceedings, and stay all proceedings until the orders are passed.
Headnote:
Transfer Petition - Divorce and Maintenance - The court ordered the respondent to make payments to the petitioner for the welfare of their son, quashed criminal proceedings and divorce petition, and stayed all proceedings until the orders are passed.
Fact of the Case:
The court ordered the respondent to make payments to the petitioner for the welfare of their son, quashed criminal proceedings and divorce petition, and stayed all proceedings until the orders are passed.
Finding of the Court:
The court analyzed the financial obligations of the respondent towards the petitioner and their son, quashed pending criminal and divorce proceedings, and stayed all proceedings until the orders are passed. The court concluded by disposing of the transfer petition.
Issues: Financial obligations, quashing of criminal and divorce proceedings, stay of all proceedings
Ratio Decidendi: The court's decision was influenced by the need to ensure financial support for the welfare of the child, resolve the pending legal disputes, and facilitate the process of divorce by mutual consent.
Final Decision: The court ordered the respondent to make payments for the welfare of the child, quashed pending criminal and divorce proceedings, and stayed all proceedings until the orders are passed.
ORDER :
Dr. Arijit Pasayat, J.
Heard learned counsel for the parties and the parties who are present in person.
2. This transfer petition is disposed of on the following terms :
1. A sum of Rs. 3,00,000 shall be paid by the respondent to the petitioner by 15-2-2009.
2. A further sum of Rs. 2,00,000 shall be paid by 15-4-2009.
From May 2009 a sum of Rs. 3000 per month shall be paid by the respondent to the petitioner for the welfare of the son who is presently three years of age. The payment shall continue to be made till the boy attains majority.
3. On the payment of the sum of Rs. 5,00,000 the criminal proceedings pending before the Judicial Magistrate, First Class, Chandigarh in complaint case alleging commission of offences under Sections 498-A, 406 and 120-B filed before the learned Chief Judicial Magistrate, UT Chandigarh titled Navpreet Kaur v. Gurkirat Singh shall stand quashed.
4. Similarly, the proceeding under Section 9 of the Hindu Marriage Act in MAT Case No. 2 of 2008 pending before the learned Civil Judge, Senior Division, Champua, Orissa shall stand quashed.
5. The parties, after payment of the aforesaid sum of Rs. 5,00,000 shall file a joint petition before the learned District Judge, Chandigarh for a decree of divorce by mutual consent. The said petition shall be allowed in terms of the present order.
6. It is made clear that if there are two consecutive defaults in making payment of Rs 3000 per month, the criminal case quashed pursuant in the present order shall stand revived. The payment shall be made by the 10th of the succeeding month by crossed cheque in favour of the petitioner, by the respondent.
7. Until the final orders are passed in terms of the present order, all proceedings in different courts shall remain stayed. The transfer petition stands disposed of.
