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

CIVIL APPEAL  NO(S). 11470/2018

(ARISING FROM SLP (C) NOS.25257/2017)

TARVINDER SINGH                                    PETITIONER(S)

                               VERSUS

GURUPREET KAUR                                     RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.

2. The appellant approached this Court aggrieved by

the order dated 25.07.2017 passed by the High Court

of  Karnataka  at  Bangalore  in  Writ  Petition

No.16335/2016.  As per the impugned order, the High

Court declined to interfere with the order passed by

the Trial Court on an application filed under Order

VI Rule 17 of the CPC for amendment in the pleadings

in the divorce petition filed by the appellant.

3. When  the  matter  came  up  before  this  Court,

sensing that there is an element of Settlement, we

directed the parties to be present before this Court

and  with  their  consent  they  were  referred  to  Ms.

Shalini  Shishodia,   who  is  a  trained  Mediator.

Learned Mediator has forwarded a Settlement Agreement

dated  28.11.2018  signed  by  the  parties  and  their

respective  counsel  and  also  the  learned  Mediator,

which is on record.  The Settlement Agreement dated

28.11.2018 shall form part of the order/decree.

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4. It is seen that the parties have decided to part

ways.   In  terms  of  the  Settlement  Agreement,  the

parties have filed a joint application under Section

13-B of the Hindu Marriage Act, 1955.  The parties

are present before us.  We have interacted with them.

We  are  also  convinced  that  they  have  taken  a

conscious  decision.   We  are  also  satisfied  that

having regard to the background of the litigations,

it is not necessary for the parties to go through the

regular process.  Therefore, the application is taken

on Board and it is allowed.  The marriage between Mr.

Tarvinder Singh and Ms. Gurupreet Kaur is dissolved

by a decree of divorce by mutual consent.  We direct

the parties to abide by the terms of the Settlement

Agreement dated 28.11.2018.

5. In  terms  of  the  Settlement,  the  appellant  has

handed over a Demand Draft for a sum of Rs.15 Lacs in

the  name of  the child-Simar  Singh, which  has been

duly acknowledged by the respondent.   

6. In terms of Settlement Agreement, M.C. No.248 of

2013  pending  before  Principal  Judge,  Family  Court,

Bangalore is disposed of and the proceedings in CC

No.13518  of  2014  pending  before  Chief  Metropolitan

Magistrate,  Bangalore  are  quashed.   The  appeal  is

disposed of.

7. We  record  our  sincere  appreciation  for  the

arduous  efforts  taken  by  Ms.  Shalini  Shishodia,

learned Mediator, to assist the parties to arrive at

an amicable settlement of all their disputes, which

were  pending  for  the  last  seven  years.   We  also

record our appreciation for the efforts taken by the

learned  counsel  for  the  parties  for  assisting  the

parties to take their life forward.

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8. Pending  applications,  if  any,  shall  stand

disposed of.

9. There shall be no orders as to costs.

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

.......................J.               [HEMANT GUPTA]  

NEW DELHI; NOVEMBER 28, 2018.

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