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

CIVIL APPEAL  NO(S).  2287/2018 (ARISING FROM SLP (C) NOS.17055 OF 2017)

SUDARSANA RAO GADDE                            APPELLANT(S)                                 VERSUS KARUNA GADDE                                   RESPONDENT(S)

J U D G M E N T KURIAN, J.

Leave granted. 2. The appellant is before this Court, aggrieved by the order dated 16.06.2017 passed in Civil Revision No.1804/2017.  The disputes are matrimonial in nature. 3. We had made several attempts for a peaceful and amicable settlement of the disputes, through Mediators and also by the Court itself.  In this connection, we may  reproduce  an  order  of  this  Court  dated 01.08.2017:-

“The parties are before us on account of  a  prolonged  litigation  for  the custody  of  their  minor  child  Ayush. The  parties  along  with  the grandparents are here for quite a few days.   We  painfully  note  that  the child  has  not  been  attending  the school for the last one month.   

Thanks  to  the  intervention  of Mr. P.S. Narasimha, learned Additional

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Solicitor  General,  thanks  to  the strenuous  efforts  of  learned  Senior counsel  appearing  for  both  sides, thanks to the cooperation extended by the  parties  and  finally  due  to  the steps taken by this Court, the parties have now arrived at a settlement.   

The  agreement  dated  01.08.2017, duly  signed  by  both  the  parties  and their  respective  counsel  has  been handed over to us in the Court today.

The  parties  are  present  before us today. The parties are directed to act  according  to  the  terms  of  the settlement which shall also form part of this order.

We  direct  both  parties  not  to institute any case or petition or any complaint  against  each  other  or  the members of the family on both sides. They will not approach any forum with regard to any of the disputes between the parties or on the custody of the child  or  on  visitation  without  the leave of this Court.

All  litigations  pending  between the parties shall remain stayed until further orders.

We  direct  the  petitioner Sudarsana Rao Gadde to hand over the child  at  the  residence  of  Karuna Gadde-respondent  before  1  p.m.  on 02.08.2017.  In case the presence of both  the  parents  is  required  in  the school,  they  shall  communicate  with

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each other and both of them shall be present in the school. Post this matter on 20.02.2018.”

4. Today, the parties are personally present before us along with their child-Aayush.  In Clause 2 (vi) read with Clause 4(vi) of the Settlement, the parties have agreed on visitation and custody rights. In view of the long litigations between the parties they have prayed  for a  decree of  divorce by  mutual consent. Having interacted with the parties, we find that they have  taken  a  conscious  decision  without  being influenced  by  any  other  extraneous  factors. Accordingly,  the  marriage  between  the appellant/Sudarsana  Rao  Gadde  and  respondent/Karuna Gadde is dissolved by a decree of divorce by mutual consent under Section 10A of the Indian Divorce Act, 1869.  The  Settlement  dated  01.08.2017  arrived  at between the parties is already on record and the same shall form part of this judgment.   5. We direct the parties to strictly abide by the terms of Settlement. 6. Now that the parties have settled their disputes, we do not think it necessary to relegate them to the respective Courts where other litigations are pending between them as they have agreed to put an end to all the litigations.  Accordingly, G.W.O.P. No. 2222 of

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2016 on the file of the Family Court at Rangareddy District, Miyapur, Hyderabad will stand disposed of in terms of the Settlement dated 01.08.2017.  O.P. No.2223/2016  pending  before  the  Family  Court  at Rangareddy District, Miyapore Hyderabad is decreed as per the abovementioned Settlement. 7. In  terms  of  the  Settlement,  we  restrain  the parties from instituting any fresh case against each other in respect of any dispute arising out of the Settlement  dated  01.08.2017,  without  express permission from this Court.  8. The appeal is, accordingly, disposed of. 9. Pending  applications,  if  any,  shall  stand disposed of. 10. There shall be no orders as to costs.

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

..........................J.               [MOHAN M. SHANTANAGOUDAR]  NEW DELHI; FEBRUARY 20, 2018.

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