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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOs. 5045-47 OF 2016 [ @ SPECIAL LEAVE PETITION (C) NOs. 7503-7505 OF 2016]

ARUN BABAN SAWANT                           Appellant(s)                                 VERSUS

SUREKHA KERU PIMPARKAR @ SUREKHA A. SAWANT  Respondent(s)

J U D G M E N T

KURIAN, J. 1. Leave granted.   

2. Heard the learned counsel on both the sides as well as the petitioner and the respondent, who have appeared before this Court.   

3. Though it was reported by the Mediator of the Supreme Court Mediation Centre that the parties could not  arrive  at  an  amicable  settlement,  since  the parties are present before us, we made an attempt and it is heartening to note, thanks to the cooperation of the parties and the learned counsel appearing for both the sides, that an amicable settlement has been made possible.   

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4. In view of the above, it is not necessary for us to go into the factual details of the case.    5. The parties have been duly divorced.  The custody of  their  daughter-Sanjana  is  with  the respondent-mother.   What  remains  is  only  the visitation  rights  of  the  appellant-father  and  the permanent  alimony  for  the  respondent  and  future maintenance for the child.   

6.  Having regard to the various suggestions, which have  evolved  in  Court,  having  regard  to  the background of the parties and having regard to the best interests of both the parties and their child, it is agreed, and which agreement we feel is just and reasonable as well, that the appellant shall pay an amount of Rs. 30 Lakhs (Rupees Thirty Lakhs) towards alimony and maintenance to the respondent-mother and the daughter within a span of two and a half years from  today.   This  amount  shall  be  paid  in  the following manner :-

i) Rs. 10 Lakhs shall be paid within six months from today by way of a Demand Draft drawn in favour of the respondent - Surekha Keru Pimparkar.   ii) A further payment of Rs. 10 Lakhs will be made

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within one year thereafter, by way of a Demand Draft drawn  in  favour  of  the  respondent  -  Surekha  Keru Pimparkar.   

iii) Within one year thereafter, the remaining Rs. 10 Lakhs will be paid by way of a Demand Draft drawn in favour of the daughter - Sanjana.    7. It is made clear that if any default is committed by  the  appellant  in  paying  the  abovementioned amounts,  he  shall  be  liable  for  contempt  of  this Court, apart from other consequences of interest etc.

8. As  far  as  the  visitation  rights  of  the appellant-father are concerned, the appellant-father shall  be  given  visitation  rights  to  visit  his daughter-Sanjana  in  the  presence  of  a student-councillor attached to the school where she is presently studying, on two non-working Saturdays in a month from 10.00 AM to 01.00 PM.   

9. In that view of the matter, the following cases which  are  pending  between  the  parties  in  various Courts shall stand dismissed :-

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i)  Family  Court  Appeal  No.  23  of  2011  titled  as "Surekha Arun Sawant Vs. Arun Baban Sawant" pending before  the  High  Court  of  judicature  of  Bombay  at Mumbai.   ii)  Domestic Violence Case No. 174/N/2008 titled as "Surekha  Keru  Pimparkar  Vs.  Arun  Baban  Sawant, pending  before  the  49th  Metropolitan  Magistrate, Vikhroli, Mumbai. iii) Contempt  Petition  No.  189  of  2012  titled  as "Surekha Arun Sawant Vs. Arun Baban Sawant, pending before  the  High  Court  of  judicature  of  Bombay  at Mumbai.    iv) Contempt Petition No. 692 of 2009 titled as "Arun Baban Sawant Vs. Surekha Arun Sawant (renumbered as CMA No. 09 of 2010) pending before the Family Court, Thane.   v)  Execution Petition (RD No. 53 of 2010) titled as "Surekha Arun Sawant Vs. Arun Baban Sawant, pending before the Family Court at Thane.   vi) MP No. 188 of 2015 (New No. F-173/2010) titled as "Surekha Arun Sawant Vs. Arun Baban Sawant, pending before the Family Court, Thane.

In view of the settlement of the entire disputes, we expect the family members not to pursue CC No. 673 of 2009 titled as  "Narhari Bhimaji Hinge Vs. Mrs. Surekha  Arun  Sawant  &  Ors." pending  before  JMFC, Thane.

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10. The Registry is directed to communicate a copy of this Judgment to the above Courts forthwith.   

11. With the above observations and directions, these appeals are disposed of.   

No costs.   .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ ROHINTON FALI NARIMAN ]  New Delhi; May 02, 2016.