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2020 Supreme(SC) 825
SUPREME COURT OF INDIA
Uday Umesh Lalit, Vineet Saran, JJ.
Kirti Vijayvargiya - Appellant
Versus
Rahul Vijayvargiya - Respondent
Transfer Petition (Civil) No. 1928 of 2018
Decided On : 28-02-2020
Anish Kumar Gupta, Advocate, Archana Preeti Gupta, Advocate, Chandra Shekhar Suman, Advocate, Puneet Sheoran, Advocate, Deepshikha Bharati, Advocate, Rita Gupta, Advocate, Dinesh Kumar Goswami, Advocate, Gopal Jha, Advocate, Gajendra Giri, Advocate, Rudra Vikram Singh, Advocate, Aditya Giri, Advocate, Ruma Rani, Advocate, Sukhdev Singh, Advocate
Point of Law: Enforcement of decrees and orders of Supreme Court and unless as to discovery - Settlement Agreement - Since the parties have settled their disputes amicably and have decided to part company, we exercise our power under Article 142 of Constitution of India and annul their marriage which was solemnized Gujarat.
Headnote:
Criminal Procedure Code, 1973 - Section 125 - Domestic Violence Act, 2005 - Constitution of India, 1950 - Article 142 - Explore possibility of settlement between parties - Transfer petition - Respondent-husband also agreed to pay amount to the petitioner-wife towards full and final settlement of all her claims. It is accept by the learned counsel for petitioner that said amount has been received by petitioner by way of Demand Drafts.
Finding of the court:
Petitioner and the respondent are quite young and are desirous to lead their lives independently. Since the parties have settled their disputes amicably and have decided to part company, we exercise our power under Article 142 of Constitution of India and annul their marriage which was solemnized at Gujarat.
Result: Transfer petition disposed of
JUDGMENT
1. Pursuant to the order dated 16.12.2019, the matter was referred to the Supreme Court Mediation Centre to explore the possibility of settlement between the parties.
2. We are happy to note that the parties have settled the matter. The Mediation Report dated 18.01.2020 has appended Settlement Agreement dated 17.01.2020 arrived at between the parties, which is signed by the parties as well as their counsel. Said Settlement Agreement dated 17.01.2020 is taken on record.
3. Both the parties along with their Advocates are present in the Court. The parties have agreed to abide by the terms of settlement.
4. In terms of said Settlement Agreement, the parties have decided to withdraw all the cases filed against each other, which include inter alia, cases filed under Section 125 Cr.P.C. and under Domestic Violence Act, 2005 by the petitioner-wife.
5. The respondent-husband also agreed to pay a sum of Rs.11,51,000/- (Rupees eleven lakh fifty one thousand only) to the petitioner-wife towards full and final settlement of all her claims. It is accept by the learned counsel for the petitioner that said amount has been received by the petitioner by way of Demand Drafts.
6. The petitioner and the respondent are quite young and are desirous to lead their lives independently. Since the parties have settled their disputes amicably and have decided to part company, we exercise our power under Article 142 of the Constitution of India and annul their marriage which was solemnized on 28.02.2017 at Surat, Gujarat.
7. A copy of this order shall be placed on record of Divorce Case No.38 of 2018 pending before the Family Court, Chitorgarh, Rajasthan and said divorce case shall stand disposed of in terms of this order.
8. This transfer petition is disposed of in aforesaid terms.
