28 February 2020
Supreme Court
Download

KIRTI VIJAYVARGIYA Vs RAHUL VIJAYVARGIYA

Bench: HON'BLE MR. JUSTICE UDAY UMESH LALIT, HON'BLE MR. JUSTICE VINEET SARAN
Judgment by: HON'BLE MR. JUSTICE UDAY UMESH LALIT
Case number: T.P.(C) No.-001928 / 2018
Diary number: 40086 / 2018
Advocates: ANISH KUMAR GUPTA Vs


1

1

IN THE SUPREME COURT OF INDIA

         CIVIL ORIGINAL JURISDICTION

            TRANSFER PETITION (CIVIL) NO.1928 of 2018

KIRTI VIJAYVARGIYA                                 Petitioner

                               VERSUS

RAHUL VIJAYVARGIYA                                 Respondent

O R D E R

Pursuant  to  the  order  dated  16.12.2019,  the  matter  was

referred  to  the  Supreme  Court  Mediation  Centre  to  explore  the

possibility of settlement between the parties.

We are happy to note that the parties have settled the matter.

The  Mediation  Report  dated  18.01.2020  has  appended  Settlement

Agreement dated 17.01.2020 arrived at between the parties, which is

signed by the parties as well as their counsel. Said Settlement

Agreement dated 17.01.2020 is taken on record.

Both the parties along with their Advocates are present in the

Court. The parties have agreed to abide by the terms of settlement.

In  terms  of  said  Settlement  Agreement,  the  parties  have

decided to withdraw all the cases filed against each other, which

include inter alia, cases filed under Section 125 Cr.P.C. and under

Domestic Violence Act, 2005 by the petitioner-wife.

2

2

The  respondent-husband  also  agreed  to  pay  a  sum  of

Rs.11,51,000/- (Rupees eleven lakh fifty one thousand only) to the

petitioner-wife  towards  full  and  final  settlement  of  all  her

claims.  It is accept by the learned counsel for the petitioner

that said amount has been received by the petitioner by way of

Demand Drafts.  

The  petitioner  and  the  respondent  are  quite  young  and  are

desirous to lead their lives independently.  Since the parties have

settled their disputes amicably and have decided to part company,

we exercise our power under Article 142 of the Constitution of

India and annul their marriage which was solemnized on 28.02.2017

at Surat, Gujarat.      

A copy of this order shall be placed on record of Divorce Case

No.38  of  2018  pending  before  the  Family  Court,  Chitorgarh,

Rajasthan and said divorce case shall stand disposed of in terms of

this order.

This transfer petition is disposed of in aforesaid terms.  

.................................J.            [UDAY UMESH LALIT]

.................................J.      [VINEET SARAN]     

NEW DELHI; FEBRUARY 28, 2020

3

3

ITEM NO.35               COURT NO.6               SECTION XVI-A

              S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS

Transfer Petition (Civil) No.1928/2018

KIRTI VIJAYVARGIYA                                 Petitioner(s)

                               VERSUS

RAHUL VIJAYVARGIYA                                 Respondent(s)

(FOR ADMISSION; and, IA No.163516/2018 – FOR EX-PARTE STAY)   Date : 28-02-2020 This matter was called on for hearing today.

CORAM :           HON'BLE MR. JUSTICE UDAY UMESH LALIT          HON'BLE MR. JUSTICE VINEET SARAN

For Petitioner(s) Mr. Anish Kumar Gupta, AOR Ms. Archana Preeti Gupta, Adv. Mr. Chandra Shekhar Suman, Adv. Mr. Puneet Sheoran, Adv. Ms. Deepshikha Bharati, Adv. Ms. Rita Gupta, Adv.

                   For Respondent(s)  Mr. Dinesh Kumar Goswami, Sr. Adv.

Mr. Gopal Jha, AOR                    Mr. Gajendra Giri, Adv.

Mr. Rudra Vikram Singh, Adv. Mr. Aditya Giri, Adv. Ms. Ruma Rani, Adv. Dr. Sukhdev Singh, Adv.  

         UPON hearing the counsel the Court made the following                              O R D E R

The Transfer Petition is disposed of, in terms of the Signed

Order.

Pending application(s), if any, shall stand disposed of.

 (MUKESH NASA)                            (PRADEEP KUMAR)       COURT MASTER                              BRANCH OFFICER

(Signed Order is placed on the File)