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NON-REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL/CRIMINAL APPELLATE JURISDICTION CIVIL APPEAL NO. 4385 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 35153 OF 2016 ]  G N SUBRAMANYA UPADHYAYA                    Appellant(s)

                               VERSUS SOUMYA M. HEGDE                             Respondent(s)

WITH CRIMINAL APPEAL NO. 1626 OF 2015

WITH CRIMINAL APPEAL NO. 1624 OF 2015

J U D G M E N T

KURIAN, J. Crl. Appeal No. 1626 OF 2015 and  Crl. Appeal No.   1624 OF 2015

1. The  learned  counsel  for  the  appellant,  on instruction, seeks leave to withdraw these appeals. Permission is granted. The appeals are, accordingly, dismissed as withdrawn.

Civil Appeal No. 4385 of 2017 [@ SLP (C) No. 35153 of 2016] 1. Leave granted. 2. The appellant is before this Court, aggrieved by the  order  passed  by  the  High  Court,  whereby  the

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decree of divorce granted by the Family Court at the instance of the respondent-wife has been affirmed by the High Court.  It is seen that the High Court has taken note of the fact that the marriage between the parties has irretrievably broken down.  However, it may be noted that merely because of the irretrievable break  down  of  the  marriage,  divorce  cannot  be granted.

3. Be that as it may, we also find that there are certain findings regarding the alleged cruelty.

4. The parties are present before this Court today. We are informed that both of them have been living separately for the last more than seven years.  They have no children.  They have lived together barely for  three  months.   The  parties  also  had  the assistance of Smt.Sunita Rao, learned counsel.  The appellant-husband  is  a  Cardiologist  and  the respondent-wife  is  an  Ayurvedic  Doctor.   Both  the appellant and the respondent submit that they have decided  to purchase  peace and  part as  friends and hence, their marriage may be dissolved by a decree of divorce by mutual consent.

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5. Having regard to the background of the litigation between  the  parties,  having  regard  to  the  long separation and having regard to the submission that both of them have taken a mature and sober decision out of their own free will to part, we are of the view that this is a case to invoke our jurisdiction under Article 142 of the Constitution of India.

6. The  parties  have  also  filed  an  application  in that regard, which is signed by both the parties in Court today.  The same is taken on record.   

7. Therefore,  the  appeal  is  disposed  of  as follows :- i) The Judgment of the Family Court, as affirmed by the High Court, is set aside. ii) The  marriage  between  the  appellant  and  the respondent is dissolved by way of a decree of divorce by mutual consent. iii)  The  appellant  shall  pay  an  amount  of Rs.5,00,000/-  (Rupees  Five  Lakhs)  towards  full  and final settlement of the entire monetary claims of the respondent,  including  arrears  of  maintenance  and alimony, within six months from today. iv)  The parties agree that they shall not initiate any litigation against each other, either civil or

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criminal, without leave of this Court. v) The parties shall exchange whatever jewelery they have of each other.  To the best of memory of the appellant,  he  has  one  necklace  of  the  respondent, which is kept in his house in Karnataka and as far as the  respondent  is  concerned,  to  the  best  of  her memory, there is only 'Mangalsutra' given by husband. Be that as it may, in case the parties find that there  are  any  more  items  of  jewelery  or  other valuables of each other, they will return the same to the other side within two weeks from today.

With the above observations and directions, the appeal is disposed of.    

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

.......................J.               [ R. BANUMATHI ]  

New Delhi; March 22, 2017.