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REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4541 OF 2019       (@ SPECIAL LEAVE PETITION (CIVIL) NO. 30555 OF 2013)

PRAVEEN SINGH RAMAKANT BHADAURIYA            ...APPELLANT(S)

                               VERSUS

NEELAM PRAVEEN SINGH BHADAURIYA              ...RESPONDENT(S)

J U D G M E N T

R. BANUMATHI,J.

Leave granted.

2. Being  aggrieved  by  the  judgment  and  order  dated

29.05.2013 passed by the High Court of Allahabad in Second

Appeal  No.  641  of  2013,  in  which  the  High  Court  has

dismissed the appeal preferred by the appellant and thereby

declining to dissolve  the marriage.

3. The  appellant  and  the  respondent  were  married  on

07.05.1998. A girl child was born out of the said wedlock

and  she  is  now  aged  about  18  years.  Due  to  strained

relationship,  the  parties  are  living  separately.  The

appellant-husband  has  filed  a  suit  for  dissolution  of

marriage  before  the  Family  Court,  Mumbai,  which  was

subsequently  transferred  to  Etawah  District  Court,  Uttar

Pradesh.  The  Trial  Court  dismissed  the  divorce  petition

filed  by the  appellant by  judgment dated  09.11.2009. The

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appeal preferred by the appellant was also dismissed by the

District Court by the judgment dated 29.11.2012. The High

Court  also  dismissed  the  second  appeal  preferred  by  the

appellant-husband. Being aggrieved, the appellant is before

us.

4. We  have  heard  Mr.  Ashok  Mathur,  learned  counsel

appearing on behalf of the appellant as well as Mr. Rajesh

Aggarwal,  learned  counsel  appearing  on  behalf  of  the

respondent.

5. When the matter was pending before this Court, the

parties  were  referred  to  mediation  and  the  parties  have

amicably settled the matter. The parties have also filed a

separate application agreeing for dissolution of marriage by

mutual  consent  invoking  the  powers  under  Article  142  of

Constitution  of India.  As per  the settlement  between the

parties,  the  appellant-husband  has  agreed  to  pay

Rs.10,00,000/-  (Rupees  ten  lakhs)  to  the  respondent-wife

(paid today by way of post-dated cheque No. 000278  drawn in

favour of respondent-wife viz. Neelam Singh dated 11th May,

2019 drawn on Bank of Baroda) in full and final settlement

of her claims towards monthly maintenance past, present and

future and in full quit of all other claims. Additionally,

the appellant has agreed to pay Rs.3,00,000/- by way of FDR

in the name of the daughter payable within a period of three

months from today. He has also agreed to contribute another

one lakh at the time of solemnization of the marriage of the

daughter. The parties have also agreed that all the pending

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cases between the parties shall be withdrawn or they will

agree for quashing the respective cases.

6. Since the parties have amicably settled the matter,

considering  the  facts  and  circumstances  of  the  case,  in

exercise of our power under Article 142 of the Constitution

of India, the marriage of the appellant and the respondent

solemnized on 07.05.1998 is dissolved. The following terms

of Compromise between the parties shall form part of this

judgment which reads as under:

“4. Both the parties hereto, had earlier

arrived at an amicable mutual settlement on

the  following  terms  and  conditions  for

divorce  by  mutual  consent,  before  the

mediation centre.

5. It  was  agreed  between  the  parties that  they  will  pray  for withdrawing/quashing  before  the  Hon’ble Court/s to dispose of/quash the following pending cases, as mutually settled:

i. In the Court of CJM, Etawah, UP Case No. 1537/2009 Neelam vs. Pravin (under Section 125 CrPC) including  its  appeal  before Allahabad High Court.  

ii. In the Court of ACJM, Etawah, Case  No.  186  of  2009  Neelam  Vs. Pravin (under  Domestic  Violence Act)

iii. Before  Special  Anti  Dakait Magistrate  Case  No.  323  of  2006 Praveen Vs. Ramender.  

iv. Case  under  Section  396  IPC pending before Hon’ble High Court of Allahabad, Uttar Pradesh.

v. Before CJM Etawah Case No. 65

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of 2002 Neelam vs. Pravin & others under Section 498A IPC.

vi. Before ACJM , Etawah, Case No. 506  of  2002  Neelam  Vs.Pravin  & Others under Section 406 IPC

vii. Any  other  case  amongst  the parties before any other courts, if any.

6. The   parties  shall  pray  before  the Hon’ble Court for the passing of the decree of  divorce  by  mutual  consent  invoking  the powers under Article 142 of the Constitution of India.

7. The  petitioner-husband  had  agreed  to pay Rs.10,00,000/-(Rupees Ten Lacs only)  to the  respondent-wife   viz.  full  and  final settlement of all her claims towards monthly maintenance   past present  and  future, stridhan, belongings and  any  other  claim whatsoever.

8. The applicant wife desired a further sum for the marriage and educational expenses for her   daughter to be deposited  in  the shape of FDR in the name of daughter “Janhavi Singh”. When the said aspect was brought to the knowledge of this Hon’ble Court in last 2 hearings, it was orally agreed upon by the opposite side; and the matter was adjourned for filing the necessary documents.

8A. One FDR of Rs.3,00,000/- (Rupees three lakhs) shall be paid to daughter within three months  and  Rs.1,00,000/-(Rupees  one  lakh) shall be paid at the time of marriage of the daughter”.

7. So ar as other cases are concerned, as and when the

application is made before the concerned Court, the concerned

Court  shall  pass  the  appropriate  orders  in  view  of  the

settlement arrived at between the parties.

8. In case of non-compliance of the terms of compromise,

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the  parties  would  be  liable  for  contempt  of  this  Court  in

addition to other remedies available under law.

9. The Registry shall draft the decree accordingly.  

10. The appeal is disposed of in above terms.

……………………………………………..J. [R. BANUMATHI]

NEW DELHI …………………………………………...J. 1ST MAY, 2019 [S. ABDUL NAZEER]