KUKI RAVINDRAN Vs CHENDRIMADA SOMAYA MADAPPA
Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE AMITAVA ROY
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-000165-000165 / 2018
Diary number: 30710 / 2016
Advocates: SUDARSH MENON Vs
RAJESH KUMAR
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 165 OF 2018
[@ SPECIAL LEAVE PETITION (C) NOS. 30560 OF 2016] KUKI RAVINDRAN Appellant(s)
VERSUS CHENDRIMADA SOMAYA MADAPPA Respondent(s)
J U D G M E N T
KURIAN, J. 1. Leave granted.
2. The parties approached this Court, aggrieved by order dated 13.04.2016 passed by the High Court of Judicature at Madras in C.M.A.No. 1608 of 2015.
3. The matter essentially pertains to a matrimonial dispute between the appellant and the respondent. When the matter was pending before this Court, we made certain attempts for settlement between the parties. We also had the assistance of Mrs.Mahalaxmi Pavani, learned senior counsel. We are happy to note that the parties have reached a final settlement of the entire disputes. They have also filed a joint Memo of Compromise dated 09.01.2018 before this Court, duly signed by the parties and their respective counsel. The same is taken on record.
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4. The parties are present before this Court today. It is submitted that the terms of settlement have been acted upon. It is further submitted that in view of the prevailing litigations between the parties and particularly taking note of the fact that they have been living separately for more than 10 years, their application under Section 13B of the Hindu Marriage Act is allowed. Accordingly, the marriage between the appellant – Kuki Ravindran and the respondent – Chendrimada Somaya Madappa is dissolved by way of a decree of mutual consent. The Joint Memo filed by the parties shall form part of this Judgment.
5. In view of the above, the following cases pending between the parties are hereby disposed of :- (a) Petition No. 172 of 2013 on the file of 2nd Family Court, Saket, New Delhi – Dismissed. (b) FIR (Crime Case No.662 of 2010) before the Central Crime Branch, Chennai – quashed. (c) O.P.No. 395 of 2009 on the file of II Additional Family Court, Chennai – Disposed of.
6. In view of the settlement arrived at between the parties, we request the High Court of Judicature at Madras to dispose of Crl. O.P. No. 3918 of 2014 expeditiously.
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7. We direct the parties to take steps to put an end to the litigations, both civil and criminal, if any, pending between the parties in terms of the settlement arrived at between them.
8. In view of the above, this appeal is disposed of.
.......................J. [ KURIAN JOSEPH ]
.......................J. [ AMITAVA ROY]
New Delhi; January 11, 2018.
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ITEM NO.9 COURT NO.5 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 30560 of 2016 KUKI RAVINDRAN Appellant(s) VERSUS CHENDRIMADA SOMAYA MADAPPA Respondent(s) (IA No.109723/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS) Date : 11-01-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. Girdhar Govind, Adv.
Mr. Balyender Singh, Adv. Mr. Sudarsh Menon, AOR For Respondent(s) Mr. Krishna Kumar, Adv.
Mr. K. S. Mahadevan, Adv. Ms. Swati Bansal, Adv.
Mr. Rajesh Kumar, AOR UPON hearing the counsel the Court made the following
O R D E R Leave granted. The civil appeal is disposed of in terms of the signed
non-reportable Judgment. Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file) P.S. :- Petition under Section 13 B of the Hindu Marriage Act filed
by the parties, in original, along with affidavits of both the parties, in original, are annexed with this Record of Proceeding.