PRAVEEN SINGH RAMAKANT BHADAURIYA versus NEELAM PRAVEEN SINGH BHADAURIYA

Citation: [2019] 7 S.C.R. 150 · Decided: 01-05-2019 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 7 S.C.R.
PRAVEEN SINGH RAMAKANT BHADAURIYA
v.
NEELAM PRAVEEN SINGH BHADAURIYA
(Civil Appeal No. 4541 of 2019)
MAY 1, 2019
[R. BANUMATHI AND S. ABDUL NAZEER, JJ.]
Constitution of India: Art. 142 – Invocation of power under
– In the instant case, divorce petition was pending between the parties
and they were living separately –  Parties resolved to amicably settle
the matter and filed separate application agreeing for dissolution
of marriage by mutual consent  – In the facts and circumstances of
the case, by invoking power under Art. 142, the marriage of the
appellant and respondent is dissolved – Appeal disposed of – Family
law – Divorce – Compromise/Settlement.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4541
of 2019.
From the Judgment and Order dated 29.05.2013 of the High Court
of Allahabad in Second Appeal No. 641 of 2013.
Ashok Mathur,  Adv. for the Appellant.
Mr. Rajesh Aggarwal, Ms. Mridul Aggarwal, Advs. for the
Respondent.
The Judgment of the Court was delivered by
R. BANUMATHI, J. 1. 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
   [2019] 7 S.C.R. 150
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petition filed by the appellant by judgment dated 09.11.2009. The 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 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:
PRAVEEN SINGH RAMAKANT BHADAURIYA v. NEELAM
PRAVEEN SINGH BHADAURIYA [R. BANUMATHI, J.]
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SUPREME COURT REPORTS
[2019] 7 S.C.R.
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, C
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