IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6310 OF 2011 BINDU KIRPAL ...APPELLANT(S)

VERSUS ARUN KIRPAL ….RESPONDENT(S)

O R D E R

1. Heard learned counsel for the parties.

2. This appeal is against the judgment and order dated 9^th July 2008 passed by the High Court of Delhi in MAT APP. No. 51 of 2008 inter alia holding that the marriage between the appellant and the respondent was void in view of an alleged admission of the appellant that the marriage had in fact been solemnized on 5^th October, 2003 on which date both the parties had their earlier marriages subsisting.

3. The marriage between the appellant and the respondent took place on 23^rd October, 2004 after they had both obtained divorce from previous spouses and their earlier marriage stood dissolved.

4. Various proceedings were initiated between the parties to this appeal. The appellant and the respondent have now settled their disputes amicably and agreed to dissolution of their marriage by mutual consent under Section 13B of the Signature Not Verified Digitally signed byHindu Marriage Act subject to payment of Rs.48,00,000/-

MADHU BALA Date: 2018.12.12

10:30:44 IST Reason:

(Rupees forty eight lakhs) by the respondent to the appellant. The Terms of Settlement have been filed in Court as also an application under Section 13B of the Hindu Marriage Act. The parties to this appeal have agreed to withdraw all legal proceedings filed against each other which are pending.

5. In view of the settlement as aforesaid, this Court, in exercise of its power under Article 142 of the Constitution of India, directs that there shall be a decree of dissolution by mutual consent of the marriage between the appellant and the respondent under Section 13B of the Hindu Marriage Act, 1955.

6. This Court further directs that all the legal proceedings initiated by the parties to this appeal against each other as specified in the Settlement filed in this Court namely ;

(a) Complaint/Application under Section 12 of the Protection of Women from Domestic Violence Act, bearing CC No. 79/16 titled as Bindu Kirpal vs. Arun Kirpal & Anr. (presently pending in the Court of Ms. Mayuri Singh, Ld. MM, Mahila Court (Saket), Saket Courts, New Delhi.

(b) Petition being HMA No. 803 of 2009 for restitution of conjugal rights titled as Bindu Kirpal vs. Arun Kirpal (now pending in the Family Court Saket, new number is not known)

(c) SLP(Crl.)No. 5422 of 2012 titled as Arun Kirpal vs. Bindu Kirpal (pending before the Hon’ble Supreme Court of India);

(d) C.A. No. 6310 of 2011 titled as Bindu Kirpal vs. Arun Kirpal (pending before the Hon’ble Supreme Court of India).

shall stand dismissed as withdrawn.

7. It is recorded that the Demand Draft No. 033113 dated 5^th December, 2018 drawn on Axis Bank for a sum of Rs. 48,00,000/-(Rupees forty eight lakhs) is made over by respondent to the appellant in the Court.

8. The appeal is, accordingly, disposed of. The Settlement dated 16^th November, 2018 filed in this Court shall form part of this order. This order shall be communicated to the Courts in which the proceedings specified in paragraph 6 above were filed for recording the disposal of the proceedings so that proceedings are not shown as pending in the records.

……………………………………………………………..J.

[R. BANUMATHI]

NEW DELHI …………………………………………………………….J.

7TH DECEMBER, 2018 [INDIRA BANERJEE]

ITEM NO.48 COURT NO.9 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 6310/2011 BINDU KIRPAL Appellant(s)

VERSUS ARUN KIRPAL Respondent(s)

Date : 07-12-2018 This appeal was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MS. JUSTICE INDIRA BANERJEE For Appellant(s) Mr. Jaideep Gupta,Sr.Adv.

Mr. Anip Sachthey, AOR Mr. Mohit Paul,Adv.

Ms. Anjali Chauhan,Adv.

Ms. Ria Sachthey,Adv.

For Respondent(s) Mr. Devashish Bharuka, AOR Mr. Vineet Trehan,Adv.

Ms. Sarvshree,Adv.

Mr. Justine George,Adv.

Ms. Divya Kumari,Adv. Mr. Ravi Bharuka,Adv.

Mr. Apar Chopra,Adv.

Mr. Aditya Trehan,Adv.

UPON h