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SUPREME COURT OF INDIA
M.M. SUNDRESH AND ARAVIND KUMAR, JJ.
Aakritee Singh @ Shalu - Appellant
Versus
Rajesh Singh - Respondent
Transfer Petition(S) (Civil) No. 373 Of 2024
Decided on : 03-01-2025
| Table of Content |
|---|
| 1. settlement agreement details and case closures. (Para 1 , 2) |
| 2. mutual divorce decree and settlement enforcement. (Para 3 , 4) |
| 3. disposal of pending applications. (Para 5 , 6) |
ORDER :
1. A joint application has been filed by the learned counsel appearing for both the parties in I.A. No.300594/2024 bringing to the notice of this Court, a Settlement Agreement dated 06.12.2024 duly signed by the parties and attested by the learned counsel for both the sides to the effect that the matter has been resolved between the parties.
2. In tune with the said Settlement Agreement, a Demand Draft amounting to Rs.13,50,000/- has been handed over by the learned counsel for the respondent-husband to the counsel for the petitioner-wife, a copy of which is placed on the file. Consequently, the following cases are closed/withdrawn/quashed:
(2) FIR bearing No.20/2022 under Section 498A, 406, 504, 354B, 376 & 511 IPC, pending before the ACJM, Serampore, West Bengal.
(3) Case bearing No.A482/46361/2023 titled as Aakritee Singh @ Shalu Vs. State of U.P. & Ors. Pending before the Allahabad High Court.
(4) M.P. Case No.02/2022 pending before the Family Court ACJM, Serampore, West Bengal.
(5) Complaint Case No.6753/2021 pending before the Upper Civil Judge, Ghazipur, Uttar Pradesh.
(6) Matrimonial Case No.25/2023, pending before PJFC, Ghazipur, Uttar Pradesh.
(7) Writ Petition (Registration No.1248/2022/CNR No.WBCHCA-014073/2022 titled as Rajesh Kumar Singh Vs. State of West Bengal & Ors.
3. Accordingly, by invoking our power under Article 142 of the Constitution of India, there shall be a mutual divorce between the parties, as agreed upon. A decree of divorce be drawn up accordingly.
4. We make it clear that henceforth, the parties shall not file any case/complaint against each other. The settlement that has been duly arrived at between the parties shall form a part of this order. It is needless to state that the parties are bound by the terms of the settlement which has been arrived at between them.
5. Accordingly, I.A. No.300594/2024 is allowed and the Transfer Petition stands disposed of on the aforesaid terms.
6. Pending application(s), if any, shall stand disposed of.
The court upheld the mutual consent divorce under the Hindu Marriage Act, recognizing the validity of the settlement agreement between the parties.
The court granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement.
The court exercised its power under Article 142 to dissolve the marriage by mutual consent and quash all related legal proceedings.
The court recognized the validity of a mutual divorce settlement under Article 142, ensuring no further claims arise between the parties post-agreement.
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