IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.2867/2023 RADHA SINGH PETITIONER(S)
VERSUS NIKHIL ANAND RESPONDENT(S)
O R D E R
1. The learned counsel appearing for the parties have tendered across the Bar a memo of compromise dated 4th February, 2025. The memo is signed by the petitioner – wife (Radha Singh) and respondent – husband (Nikhil Anand)
and several persons as witnesses.
2. Learned counsel appearing for the respective parties state that the memo of compromise has been signed by both the petitioner and respondent and they accept the contents thereof as correct. As stated in Clause 5(i) of the memo of compromise, a demand draft in the sum of Rs.18,00,000/- (Rupees Eighteen Lakhs Only) bearing No.294546 dated 31st Signature Not Verified January, 2025 drawn on State Bank of India is handed over Digitally signed by KAVITA PAHUJA Date: 2025.03.03 Reason: by the learned counsel appearing for the respondent-husband to the learned counsel appearing for the petitioner-wife in Court.
3. The marriage between the parties was solemnized on 22nd June, 2022. The parties have accepted that the marriage could not be consummated due to difference of opinion between them. Parties are residing separately for more than 2 years. We are satisfied that the marriage has irretrievably broken down.
4. There is a separate application filed by the parties seeking exercise of jurisdiction of this Court under Article 142 of the Constitution of India. Accordingly, we exercise the jurisdiction under Article 142 of the Constitution of India and dissolve the marriage solemnized on 22nd June, 2022 between petitioner (Radha Singh) and respondent (Nikhil Anand) by a decree of divorce under Section 13B(1) of the Hindu Marriage Act, 1955.
5. There are six cases pending between the parties which reads thus:
(a) Case – Radha Singh vs. Nikhil Anand, Case No.MJCR 135/2023 under Section 125 Cr.P.C. which is pending in the Court of Principal Judge, Family Court Rewa (M.P.);
(b) Case – Radha Singh vs. Nikhil Anand, Hindu Marriage Act, Case No.124(A)/2023 under Section 9 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court Rewa (M.P.);
(c) Case – Radha Singh vs. Nikhil Anand & Ors., Case No.MJCR 1941/2023 under Section 12 of Domestic Violence Act pending in the Court of M/s Swati Raghuwanshi, 6th Civil Judge Class-II-J.M. 1st Class, Rewa (M.P.);
(d) Case – State through Radha Singh vs. Nikhil Anand & two Ors., Case No.Buddha Colony P.S. Case No.702/2023 GR Case No.242/24 pending in the Court of S.D.J.M. Patna Sadar, Distt. Patna;
(e) Case – Nikhil Anand vs. Smt. Radha Singh, Matrimonial Case No.790/2023 under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Patna Sadar, Distt. Patna, Bihar; and (f) Complaint Case No.9230/2023 (Lalan Singh vs. Smt. Radha Singh & four Ors.) pending in the Court of Ms. Neha Kumari, J.M. 1st Class, Patna Sadar, Distt. Patna.
The cases mentioned in clauses (a), (b) and (c) stand disposed of in view of the settlement. The case mentioned in clause (e) above stands disposed of in terms of this order and the cases mentioned in clauses (d) and (f) stand quashed in the light of settlement between the parties.
6. Clauses Nos.1 to 7 of the compromise read thus:
1. That marriage of first party no.1, namely, Radha Singh was solenized with Second Party No.1, namely Nikhil Anand on 22.06.2022.
However, due to temperamental differences which arose soon after marriage the marriage between parties could not be consummated and Radha Singh First Party No.1 returned to her parental house situated at Vill Basaon, P.S. Basantpur Dist. Siwan (Bihar) within few days and since then she never went to her ‘Sasural’ and both parties are living separately from each other. Several attempts were made by common relatives and well-wishers, but First Party and Second Party No.1 could not be agreeable to live together. Meanwhile, both parties filed following cases which are pending in the different Courts at Rewa (M.P.)
and Patna, Bihar as follows:
(a) Case – Radha Singh vs. Nikhil Anand, Case No.MJCR 135/2023 under Section 125 Cr.P.C
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