REPORTABLE  

SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2494 OF 2018 (Arising out of S.L.P.(Civil) No. 15537 of 2016)

ANU BHANDARI  ...  APPELLANT (S)

VERSUS

PRADIP BHANDARI           ... RESPONDENT (S)

WITH  

CIVIL APPEAL NO. 2495 OF 2018 @ SLP (CIVIL) NO. 2343 OF 2017

J  U  D  G  M  E  N  T

KURIAN, J.:

1. Leave granted.                 

2.        “

   ”

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This is the rich encomium paid to the Court by Master Vibhu, the

ten year old son of the appellant and respondent. The little one present

in Court today is exuberantly happy and sought liberty to present a

handmade card expressing his joy on the settlement of all the disputes

and  litigations  between  his  mother  and  father.  Their  marriage  was

solemnized as per Hindu rites on 18.05.1997. They have two children -

Bhuvi, the elder daughter born on 19.04.1998 and Vibhu, son born on

31.01.2008.  On  account  of  marital  discord  and  temperamental

differences, they have been living separately since March, 2011. They

are involved in various litigations, civil as well as criminal. As of now,

twenty three cases are pending before various courts – Trial  Courts,

High Court, this Court and one before the Consumer Forum.  

3. There have been several efforts for settlement. Notable among

them were the intervention of Hon’ble Mrs. Justice Lisa Gill, Judge of

the  High  Court  of  Punjab  and  Haryana  and  Ms.  Meenakshi  Arora,

learned Senior Counsel, appointed by this Court as Mediator. Having

noticed that  all  the efforts  hitherto  have not  been fully  fruitful,  we

directed the parties to be present before this Court. The parties have

cooperated with the tireless efforts taken by this Court. It is heartening

to note that finally the parties have reached an amicable settlement.

The terms of  settlement  have been stated in detail  in  Interlocutory

Application No. 19210 of 2018, based on which the parties have sought

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for divorce by mutual consent. The Interlocutory Application No. 19210

of 2018 shall form part of this Judgment.

4. Since the parties have finally resolved their entire disputes, they

have  prayed  for  giving  a  quietus  to  the  entire  civil  and  criminal

litigations. Having regard to the nature of the cases and having due

regard to the settlement, we are of the view that it is in the interest of

justice that the entire litigations between the parties are also put an

end to, in terms of the settlement.

5. Accordingly, the following cases are quashed:-  

Sl.

No.

Case No. Court/Authority

1. Crl. Complaint No.162/14 Judicial Magistrate First Class, Chandigarh

2. Crl. Complaint No.1359/16 Judicial Magistrate First Class, Chandigarh

3. PHC 1430/14 Judicial Magistrate First Class, Chandigarh

4. Untraceable Case 156/2016 Judicial Magistrate First Class, Chandigarh

5. Case  No.301/13  dated 14.6.13

Judicial Magistrate First Class, Chandigarh

6. Case No.464/13 Judicial Magistrate First Class, Chandigarh

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7. FIR No.0167 dated 25.8.2017 P.S. City Phagwara

P.S. City Phagwara

6. The following cases are dismissed:-  

Sl.No. Case No. Court/Authority

1. Civil Suit No.12905/13 Judicial  Magistrate First  Class, Chandigarh

2. Crl. Misc. Case No.570 of 2016 Judicial Magistrate  First Class,  Chandigarh

3. Crl. Misc. Case No.305 of 2015 Judicial Magistrate  First Class,  Chandigarh

4. Execution App. No.543/14 ADJ, Chandigarh

5. Civil Suit No.CS CJ/1072/2016 JMIC, Chandigarh

6. Contested Mutation No.8303 of Village Maloya, Chandigarh

Sub.  Divisional Magistrate  (South) U.T. Chandigarh

7. The following cases are disposed of in terms of the Settlement:-  

Sl.No. Case No. Court/Authority

1. CRM No.M-1087 of 2017 High Court of Punjab and  Haryana  at Chandigarh

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2. CRM No.M-10620 of 2017 High Court of Punjab  and Haryana at  Chandigarh

3. CRM No.M-14499 of 2017 High Court of Punjab  and Haryana at  Chandigarh

4. CRM No.M-7865 of 2017 High Court of Punjab  and Haryana at  Chandigarh

5. CRM No.M-7622 of 2017 High Court of Punjab  and Haryana at  Chandigarh

6. CRM No.M-31885 of 2017 High Court of Punjab  and Haryana at  Chandigarh

7. CRM No.M-22474 of 2014 High Court of Punjab  and Haryana at  Chandigarh

The  Consumer  Case  No.580  of  2014  filed  by  Ms.  Anu

Bhandari  pending  before  the  Chandigarh  District  Consumer

Disputes Redressal Forum-I, UT Chandigarh is dismissed.

8. Civil Appeal No. 2494 of 2018 arises out of Special Leave

Petition (Civil)  No.  15537 of  2016 filed by Ms.  Anu Bhandari

being aggrieved by Order dated 11.04.2016 passed by the High

Court of Punjab and Haryana in Civil Revision No. 3430 of 2014.

Civil  Appeal  No.  2495  of  2018  arises  out  of  Special  Leave

Petition  (Civil)  No.  2343  of  2017 is  filed  by  Pradip  Bhandari

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being aggrieved by Order dated 11.04.2016 passed by the High

Court of Punjab and Haryana in Civil Revision No. 3430 of 2014.

9. What survives is only the Application filed by the parties under

Section 13B of the Hindu Marriage Act, 1955. As we have settled all

disputes, we do not think it necessary to relegate them for another

litigation before the Family Court. The parties are present before us.

Having regard to the background of the litigation and having regard to

the long separation between the parties, we are convinced that the

parties  have  taken  a  conscious  decision,  uninfluenced  by  any

extraneous factors. Therefore, it is not necessary for them to wait for a

further period of six months.  Accordingly, the marriage between Anu

Bhandari and Pradip Bhandari is dissolved by a decree of divorce by

mutual consent.

10. The appellant and respondent are directed to strictly abide by the

terms of settlement. They are also restrained from instituting any fresh

litigation in respect of the subject matter without leave of this Court.

11. In our Order dated 15.02.2018, the following direction in terms of

the statement had been issued:

“2. Mr. Pradip Bhandari is directed to transfer his  share  in  agricultural  land  situated  in Khewat  No.159,  Khatauni  No.176,  Khasra 46/2  (20-0)  in  Village  Golpura,  Tehsil  and District  Panchkula  as per Jamabandi  for  the year 2007-2008 left over land owned as on date by Mr. Pradip Bhandari in favour of Ms.

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Anu  Bhandari/wife,  Bhuvi  Bhandari  and master Vibhu Bhandari.”

12. The Tehsildar concerned is directed to effect the required transfer

and change the mutation in respect of the property referred to in the

order  in  favour  of  Anu Bhandari,  Bhuvi  Bhandari  and  Master  Vibhu

Bhandari.  It is made clear that the share of Mr. Pradip Bhandari will be

equally divided among the three.  This shall be done immediately.

13. We are  informed  that  an  amount  of  Rs.50,000/-  (Rupees  Fifty

Thousand) is lying in the form of Demand Draft in the name of Ms. Anu

Bhandari with Judicial Magistrate First Class, Chandigarh in Case No.

301  of  2013 dated  14.06.2013.   We direct  the  Court  concerned  to

return the Demand Draft to         Mr. Pradip Bhandari forthwith. Mr.

Pradip Bhandari is directed to pay an amount of Rs.50,000/- to Ms. Anu

Bhandari within a week thereafter.

14. Before parting with the Judgment, we may hasten to observe that

what  has  been  closed  is  not  simply  twenty  three  cases;  in  the

background of both the parties, they would have easily gone for many

more litigations in the coming years.  Under Section 9 of the Family

Courts Act, 1984, the Court has a duty to make an endeavour to assist

and persuade the parties in arriving at a settlement. Unlike many other

legislations, the Legislature has cast a duty on the Court in that regard.

The jurisdiction is not just to decide a dispute, on the contrary,  the

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court also has to involve itself in the process of conciliation/mediation

between the parties for assisting them not only to settle the disputes

but  also  to  secure  speedy  settlement  of  disputes.  Such  timely

intervention of the court will not only resolve the disputes and settle

the parties peacefully but also prevent sporadic litigations between the

parties.

15. We record our deep appreciation for the strenuous efforts taken

by Hon’ble Mrs. Justice Lisa Gill, Judge of the High Court of Punjab and

Haryana, Ms. Meenakshi Arora, learned Senior Counsel appointed as

Mediator by this Court and for the cooperation extended by the learned

Counsel on both sides and the parties themselves.

16. The Civil Appeals are accordingly disposed of.  

17. There shall be no order as to costs.

    ............................................J.         (KURIAN JOSEPH)

   .............................................J. (MOHAN M. SHANTANAGOUDAR)   

                         NEW DELHI; MARCH 5, 2018.

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