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

CIVIL APPEAL  NO.  2414 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 19271 OF 2016]   

SACHIN DINANATH DHURI                         Appellant(s)                                 VERSUS

MRS.SNEHA SACHIN DHURI                        Respondent(s)

J U D G M E N T

KURIAN, J. 1. Leave granted.

2. The appellant is before this Court, aggrieved by Order dated 21.03.2016 passed by the High Court of Judicature at Bombay in Civil Application No. 217 of 2015 in Family Court Appeal No. 95 of 2007.  Finding that the epicenter of the dispute is the matrimonial discord between the appellant and the respondent, the parties were referred to mediation as per order dated 30.09.2016, on a suggestion made by the court, which the parties welcomed.

3. It appears that the attempt could not succeed and as per the report dated 16.11.2016 submitted by the learned  mediator  of  the  Supreme  Court  Mediation Center, the mediation failed.  When the matter was posted  again  before  this  Court,  we  directed  the

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appellant, the respondent and their only son, who is now aged around 20 years, to be personally present before  the  court.   On  07.02.2018,  the  Court interacted  with the  parties for  a short  while and thereafter,  we  sought  the  assistance  of  Sh.Salman Khurshid,  learned  senior  counsel,  who  graciously accepted our request.

4. We  find  that  the  strenuous  efforts  taken  by Sh.Salman Khurshid have been fruitful.  The parties who have been living separately for over 20 years and have been in litigation for more than a decade, have finally decided to put an end to all the litigations and  have also  found a  solution to  the matrimonial discord.  Since the father of the respondent and the mother and sister of the appellant are also parties to some of the litigations, we find that the learned mediator  had  sought  their  presence  during  the mediation  and  all  the  parties  have  agreed  on  the terms of the settlement, which have been reduced to writing.  The said consent terms dated 20.02.2018, duly signed by all the parties and their respective counsel, are taken on record, which shall form part of this Judgment.

5. Both the parties are present before this Court today.  The parties have agreed, as can be seen from

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the  agreement,  to  put  an  end  to  all  the  related litigations  also.   They  have  decided  to  part  as friends.   The  application,  that  is  filed  by  them under Section 13B of the Hindu Marriage Act, 1955, is taken  on  record.   Having  regard  to  the  prolonged litigation  and  having  regard  to  the  terms  of settlement, we are of the view that there is no need for  any  further  waiting  period  for  a  decree  of divorce by mutual consent under Section 13B of the Hindu  Marriage  Act.   Accordingly,  the  marriage between the appellant – Sachin Dinanath Dhuri and the respondent – Sneha Sachin Dhuri is dissolved by way of decree of divorce by mutual consent.  The parties are directed to strictly act in accordance with the terms of the settlement.

6. In view of the above, we are of the view that it is in the interest of justice that all the criminal and civil litigations are also put an end to, since even if the parties are sent to trial in criminal cases in view of the settlement they have arrived at and in view of the submissions they have made before this Court, the same would only end up in acquittal. Accordingly,  we  dispose  of  the  following  cases pending before the parties :-

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(a) Criminal Case No. SW/83/2014 pending before the learned Metropolitan Magistrate, Mulund is quashed.   (b) CC No. 265/PS/2010 arising out of CR No. 16 of 2010 registered at Bangur Police Station, Borivalli, Mumbai is quashed.   c) Complaint CC No. 967/SW/2010 pending before the learned Metropolitan Magistrate, Borivali is quashed. d) Case  No.  541  of  2010  pending  in  Vasai  Court, Mumbai is dismissed.   e) Revision Application No. 138 of 2018 in S.W.No. 83/2014 pending before the Sessions Court at Mumbai is dismissed.  f)  Application (Dharkhast) Nos. 329/2015, 119/2015, 29/2017 pending before the Family Court at Bandra is dismissed.   (g)   Family  Court  Appeal  Nos.  FCA  95/2007  and Contempt Petition No. 29/2015 and FCA No. 6 of 2018 is dismissed.   

7. We  record  our  deep  appreciation  for  the commitment  shown  by  Sh.  Salman  Khurshid,  learned senior  counsel,  and  for  his  persuasive  efforts  to make the parties realize that it is high time that they put an end to all the litigations and spend the rest of their life peacefully.  We also record our appreciation  to  the  cooperation  extended  by  the learned  counsel  appearing  on  both  sides  for  the

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settlement.

8. Now that the entire litigations are put an end to amicably, we direct the appellant and the respondent not to initiate any further litigations with regard to the issues which are dealt with in the agreement. We also direct the parties to take the spirit of the agreement forward and in particular, the father shall see to the welfare of their son Abhijit especially in so far as his education and his career prospects are concerned.   

9. In view of the above, the appeal is disposed of.   

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

.......................J.               [ MOHAN M. SHANTANAGOUDAR ]  

New Delhi; February 22, 2018.

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ITEM NO.301               COURT NO.4               SECTION III                S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) NO. 19271 OF 2016 SACHIN DINANATH DHURI                              Appellant(s)                                 VERSUS MRS.SNEHA SACHIN DHURI                             Respondent(s) (No.27961/2018-INTERVENTION/IMPLEADMENT) Date : 22-02-2018 This appeal was called on for hearing today. CORAM :  HON'BLE MR. JUSTICE KURIAN JOSEPH          HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Mr. Chirag M. Shroff, AOR

Mr. Anirudh Joshi, Adv.  Ms. Neha Sangwan, Adv.  

                   For Respondent(s)   Mr. K. N. Rai, AOR                          UPON hearing the counsel the Court made the following                              O R D E R

Leave granted.  The  appeal  is  disposed  of  in  terms  of  the  signed

non-reportable Judgment.   Pending Interlocutory Applications, if any, stand disposed of.

(JAYANT KUMAR ARORA)                              (RENU DIWAN)    COURT MASTER                                ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)