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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

Hindu Marriage Act subject to payment of Rs.48,00,000/-

(Rupees forty eight lakhs) by the respondent to the

appellant. The Terms of Settlement have been filed in Court

Digitally signed by

MADHU BALA

Date: 2018.12.12

10:30:44 IST

Reason:

Signature Not Verified

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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.

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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]

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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