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

CIVIL APPEAL NO. 10923 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 7552 OF 2016]

VIJAY KAPOOR APPELLANT(S)

                               VERSUS

ANJU KAPOOR RESPONDENT(S)

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

Leave granted. 2. The  parties  have  been  before  this  Court  ever since  March, 2016. It has a chequered history of matrimonial  dispute  between  the  appellant  and  the respondent.  Thanks to the intervention of the sister of the appellant, Ms. Ritu Batta, the disputes have been settled between the parties amicably.  They have also produced before this Court a Memo of Settlement dated  25.08.2017,  duly  signed  by  the  parties  and their  respective  counsel.   The  same  is  taken  on

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record and it shall form part of this judgment.  The parties have also handed over in Court an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act. 3. Having regard to the prolonged litigation between the  parties  and  long  separation,  spanning  over  a period of around 12 years, we are of the view it is in the interest of the respective families to give a quietus to the agony. 4. In  the  above  circumstances,  exercising  our jurisdiction under Article 142 of the Constitution of India,  the  marriage  between  the  appellant  and  the respondent  is dissolved  by a  decree of  divorce by mutual consent.  The parties shall abide by the terms and conditions referred to in the Memo of Settlement dated 25.08.2017.  The parties have also undertaken before this Court that their separation and divorce shall not stand in the way of cooperating with the marriage and other related functions of the children born to them. 5. Ms. Ritu Batta, the sister of the appellant to whom  the  property  has  been  transferred  by  the appellant/Vijay Kapoor and his parents, submits, in terms  of  the  settlement,  that  the  property  is

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actually  to  be  settled  in  favour  of  the respondent/Anju Kapoor and the two children, namely, Vedant Kapoor and Akshita Kapoor. 6. The flat, referred to in the terms of settlement, shall be settled by Ms. Ritu Batta along with the appellant/Mr. Vijay Kapoor and his parents in favour of Ms. Anju Kapoor/respondent, by way of a deed of settlement.   7. We, however, make it clear that in view of the transaction  being  essentially  a  family  settlement, the Registrar concerned for registering the document shall levy only the required fee for deed of family settlement.   The  transaction,  as  above,  shall  be completed by Mr. Ritu Batta, Mr. Vijay Kapoor and his parents within four weeks from today. 8. Since the disputes between the parties have been settled,  the  mobile  phone  of  Mr.  Vijay  Kapoor, deposited in the High Court, will be returned to him and  the  attachment  of  the  flats  shall  also  stand released. 9. We  record  the  submission  of  Mr.  Vijay Kapoor/appellant that records, if any, belonging to the children kept with him will be returned. 10. The appeal is, accordingly, disposed of.

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11. Pending  applications,  if  any,  shall  stand disposed of. 12. There shall be no orders as to costs.

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

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

NEW DELHI; AUGUST 25, 2017.

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