Page 1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

INTERLOCUTORY APPLICATION NOS. 3 & 4 OF 2016 IN

TRANSFER PETITION (C) NO.569 OF 2014

ADITI WADHERA                             PETITIONER                                 VERSUS

VIVEK KUMAR WADHERA                       RESPONDENT

J U D G M E N T

KURIAN,J.

1. By way of transfer Petition (C) No. 569 of 2014, the petitioner-wife had approached this Court for transfer of Suit No. HMA 32/2013 titled `Vivek Kumar Varinder Wadhera Vs. Aditi Vivek Kumar Wadhera' filed under Section 13B of the  Hindu  Marriage  Act,  1955,  from  District  &  Sessions Court,  Panchkula,  Haryana  to  the  Family  Court,  Pune, Maharashtra.

2. During  the  pendency  of  the  proceedings  before  this Court, parties were referred to mediation.  Thanks to the cooperation extended by the parties and the learned counsel appearing for the parties, it is heartening to note that the parties have arrived at an amicable settlement of the entire

1

Page 2

disputes.  The memorandum of settlement has been produced before this Court.

3. It  is  submitted  that  the  monetary  part  of  the settlement has been complied with and what remains is only order on the pending criminal cases and also the application for divorce on mutual consent.

4. Since the parties have settled their disputes amicably, we are of the view that the interest of justice would be met, in case, the whole disputes are also finally settled. Accordingly,  RCC   No.  2498  of  2011  titled  `State  of Maharashtra  Vs.  Vivek  Kumar  Varinder  Wadhera,  Varinder Shorilal  Wadhera,  Vipon  Varinder  Wadhera  &  Vibha  Karun Sekhri, RCC No.5144 of 2013 titled 'Aditi Vivek Wadhera Vs. Vivek  Kumar  Wadhera  &  Ramesh  Grover  and  Criminal Miscellaneous  Application  No.1068  of  2011  titled  `Aditi Vivek Wadhera Vs. Vivek Kumar Varinder Wadhera, Varinder Shorilal  Wadhera,  Vipon  Varinder  Wadhera  &  Vibha  Karun Sekhri,  pending  on  the  file  of  First  Class,  Judicial Magistrate, Pune  would stand quashed.

5. The following cases will also stand disposed of: (i)  Criminal  Revision  No.134  of  2015  titled  `Varinder Shorilal  Wadhera  &  Vipon  Varinder  Wadhera  Vs.  State  of Mahrashtra pending on the file of Sessions Judge,Pune.

2

Page 3

(ii) Criminal Revision No. 73 of 2015 titled `Vivek Varinder Wadhera Vs. State of Mahrashtra, pending before the Sessions Judge, Pune.

(iii) Criminal Revision No.51 of 2015 titled `Vibha Sekhri Vs. State of Mahrashtra, pending before the Sessions Judge, Pune.

(iv) Criminal Appeal No.21 of 2012 titled `Vivek Varinder Wadhera, Varinder Shorilal Wadhera, Vipon Varinder Wadhera & Vibha Karun Sekhri Vs. Aditi Vivek Wadhera & Anr., pending before the Sessions Judge, Pune.

6. Aditi Vivek Kumar Wadhera, wife and Vivek Kumar Varinder Wadhera-husband are present before the Court.  It is submitted that they have lived as husband and wife only for  a  few  days  in  the  year  2010.   Both  parties  have exercised  their  free  will  and  have  taken  a  conscious decision to part and put an end to all other litigation as well.  They have also filed a joint petition for dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act before the District Court.

7. Having  regard  to  the  background  of  the  several litigations between the parties over a period of five years, background of the parties living separately for more than five years, submission of Mr. Vivek Kumar Varinder Wadhera that he has to go back to his work place in U.S.A  and also having regard to the submission of Aditi Vivek Kumar Wadhera

3

Page 4

that she has now to think of her future, we are of the view that  it  is  a  fit  case  to  invoke  our  jurisdiction  under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent by waiving the statutory period of waiting.

8. Therefore,  the  marriage  between  Aditi  Vivek  Kumar Wadhera and Vivek Kumar Wadhera stands dissolved by decree of mutual consent.  HMA No. 32/2013 on the file of  District & Sessions Court, Panchkula, Haryana shall stand disposed of accordingly. 9. The terms of settlement dated 13.6.2015 will form part of the decree. 10. We  make  it  clear  that  there  shall  not  be  any restraint on the travel of both the parties and their family members  on  account  of  criminal  cases  referred  to  above, since we have quashed the same. 11. I.A. Nos.3 & 4 of 2016 stand disposed of in the aforesaid terms.

...................J.        [KURIAN JOSEPH]

 ....................J.       [ROHINTON FALI NARIMAN]

NEW DELHI;  AUGUST 04, 2016

4