RITESH SAXENA Vs KIRTI SRIVASTAVA
Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: Crl.A. No.-001071-001072 / 2011
Diary number: 5703 / 2009
Advocates: SANJAY JAIN Vs
SHAKIL AHMED SYED
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1071-1072 OF 2011
(Arising out of SLP(Crl.) Nos.1510-1511/2009)
RITESH SAXENA & ANR. Appellant(s)
:VERSUS:
KIRTI SRIVASTAVA Respondent(s)
(With CRL.M.P. Nos.18091-18092/2010)
O R D E R
1. Leave granted.
2. We have heard the learned counsel for the
Parties.
3. During the pendency of these matters, the
parties were referred for mediation. At our request
Mrs. Indira Jaisingh, learned Additional Solicitor
General and Ms. Aparna Bhat, Advocate agreed to
mediate in this matter and by their efforts, the
parties have agreed to obtain a decree of divorce by
mutual consent. They undertake to withdraw all the
allegations made against each other in the
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proceedings. This is a part of the settlement
between the parties before this Court.
4. By the consent of the parties, the following
cases are transferred to this Court:
(i) G & WC No.189 of 2006, pending before
the Family Court Judge at Bangalore;
(ii) M.C. No.1941 of 2007, pending before
the Family Court Judge at Bangalore;
(iii) Crl. Misc. No.130 of 2008, pending
before the Metropolitan Magistrate 1, Traffic
Court, Mayo Hall, Bangalore;
(iv) Criminal Appeal Nos.25129 & 25130 of
2009, pending before the Additional Civil &
Sessions Judge (FTC-3), Mayo Hall, Bangalore.
5. We have heard the learned counsel for the
parties and talked to both the appellant and the
respondent. In the peculiar facts and circumstances
of these cases, we deem it appropriate to grant a
decree of divorce to the parties by mutual consent
disposing of all the cases.
6. Accordingly, M.C. No.1941 of 2007 is also
taken on Board and we convert it to one under
Section 13B of the Hindu Marriage Act and grant
divorce to the parties by mutual consent.
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7. We make it clear that the appellant Ritesh
Saxena will have visitation rights to meet his son
from 10.00 a.m. to 6.00 p.m. on two Sundays in a
month, at the residence of the respondent Kirti
Srivastava. In case, for any reason, it is not
possible to have visitation on any particular
Sunday, then it would be on the following Saturday
for the same time. The appellant Ritesh Saxena
would be at liberty to move the Family Court at
Bangalore after one year, for longer visitation
rights, particularly during school holidays. The
Family Court, after hearing all the parties, would
decide the request of the appellant for permitting
the child to stay for some time with the appellant
during school holidays.
8. The appellant Ritesh Saxena is directed to
continue to pay the maintenance of Rs.10,000/- per
month to the respondent Kirti Shrivastava and the
same shall be paid before 10th of every month.
9. With these observations and directions, these
appeals along with Crl.M.Ps. and all the transferred
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cases are disposed of.
10. The learned Additional Solicitor General Ms.
Indira Jaisingh and Ms. Aparna Bhat, Advocate have
spared their valuable time in exploring amicable
settlement in this matter at our request. We place
on record our appreciation for their efforts. We
also appreciate the positive approach of the learned
counsel appearing for the parties.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; April 29, 2011.