INDU SINGH vs PRASHANT KUMAR @ YAKSH - 2024-01-04

ORDER

Heard learned counsel for the petitioner and the respondent.

The core dispute which gives rise to this petition stands settled and the parties have entered into a settlement agreement through the process of mediation. They now want to dissolve their marriage by mutual consent by invoking our power and jurisdiction under Article 142 of the Constitution of India.

Joint submission of the parties is that they are living separately since the year 2016. We, accordingly, waive the timeframe specifically stipulated in Section 13-B of the Hindu Marriage Act, 1955. We are otherwise satisfied that the marriage between the parties have broken down irrevocably. The parties have recorded their statements on oath before the Registrar, Judicial of this Court expressing their mutual desire and willingness to dissolve their marriage.

Accordingly, there shall be a decree of dissolution of marriage between the parties on mutual consent.

Since the parties have come to a settlement, there is no point in keeping the proceedings between them pending. We, accordingly, quash:

(i) Criminal Complaint Case No. 16363 of 2017 pending before the Court of Principal Judge, Family Court, North-East, Karkardooma Court, Delhi;

(ii) Criminal Complaint Case No. 7682 of 2023 pending before the Court of Chief Judicial Magistrate, Saharanpur and

(iii) F.I.R. No. 433 of 2016 registered with Police Station Sadar, Saharanpur, U.P.

The parties through their learned Advocates have given an undertaking before this Court to comply with the other terms contained in the memorandum of settlement.

No further order is warranted in this matter. The present transfer petition shall stand disposed of under the above circumstances.

Pending application, if any, shall also stand disposed of.

There shall be no order as to costs.

…………………………………………………...J.

[ANIRUDDHA BOSE]

…………………………………………………...J.

[SANJAY KAROL]

NEW DELHI;

JANUARY 04, 2024.

ITEM NO.1 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Civil) No. 2446/2019 INDU SINGH Petitioner(s)

VERSUS PRASHANT KUMAR @ YAKSH Respondent(s)

(MEDIATION REPORT HAS BEEN RECEIVED IA No. 154119/2019 - EX-PARTE STAY IA No. 55621/2020 - EXEMPTION FROM FILING AFFIDAVIT)

Date : 04-01-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Nishit Agrawal, AOR Mr. Shadab Khan, Adv.

Ms. Kanishka Mittal, Adv.

For Respondent(s) M/S. V. Maheshwari & Co., AOR Mr. Prmoad Kumar, Adv.

Mr. Jabar Singh, Adv.

Mr. Shubham, Adv.

Mr. Vinay Kumar Sah, Adv.

Mr. Vishvajeet Vijaykumar Shinde, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The present petition stands disposed of in terms of the signed order which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (VIDYA NEGI)

SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR