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SHILPA versus ABHINAV

Citation: [2008] 16 S.C.R. 502 · Decided: 21-11-2008 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off

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Judgment (excerpt)

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[2008] 16 S.C.R. 502 
SHILPA 
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. ABHINAV 
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(Transfer Petition (C), N~.79 of 2008) 
NOVEMBER 21, 2008 
[DR: ·,ARIJIT'PASAYAT ·AND .DR~ MUKUNDAKAM•" 
SHARMA, JJ;] 
Hindu Law: 
Matrimonial dispute: 
Transfer Petitions -
Matrimonial disputes -
Consideration of, by Supreme Court Lok Ada/at - Settlement 
0 of dispute - In compliance with certain directions, a sum of 
rupees forty lakhs by way of demand draft has been deposited 
by the respondent in the Registry of Supreme Court - Held: 
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Compromise in term of direction/order of Lok Ada/at recorded 
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Demand Draft to be handed over to counsel for the 
respondent who shall file a receipt from the respondent. 
Transfer Petition filed by petitioner-wife was 
considered by the Supreme Court Lok Adalat and the 
matrimonial disputes between the petitioner and her 
husband were settled in terms of direction/order of the 
F Lok Adalat. In compliance with the direction, the 
respondent had deposited a sum of rupees forty lakhs 
by way of demand draft. 
Disposing of the petition, the Court 
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HELD: Respondent has deposited a sum of rupees 
40,00,000/- by way of demand draft in the registry of this 
Court in terms of order dated 4.11.2008. The compromise 
is recorded in terms of what has been stated in the order 
dated 6.9.2008 by the Lok Adalat. The demand draft be 
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502 
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SHILPA v. ABHINAV 
503 
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handed over by the registry to the counsel for the 
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respondent who shall file a receipt from the respondent 
of having received the draft. [Para 2] (504-C-D] 
CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil) 
No. 79 of 2008. 
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Devashish Bharuka for the Petitioner .. 
P.N. Puri, ~.K. Gupta and Reeta Dewan Puri for the 
Respondents. 
The Judgment of the Court was delivered by 
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DR. ARIJIT PASAYAT, J. 1. This transfer petition was 
taken up at the Supreme Court Lok Adalat on 6th September, 
2oos: After hearing the parties the following order was passed: 
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"The wife, her father, her husband and his father have 
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appeared in person and presented a joint. petition of 
settlement duly signed by all of them. They have been 
represented through their counsel. The parties have agreed 
to settle their dispute on the following terms as enumerated 
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in the petition: 
(a) 
All criminal cases/complaints/FIRs/DDRs, filed by 
either party would be quashed. 
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(b) 
Marriage between the parties would be dissolved 
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by mutual consent divorce. 
(c) 
Abhinav, his parents, his brother and Bhabi and his 
two Mamas would collectively appear before an 
Aggarwal Sabha and acknowledge their wrongs G 
committed on Shilpa. 
(d) 
In case any of these above seven persons fails to 
appear before the Sabha, Shilpa can revive her 
complaints. 
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SUPREME COURT REPORTS 
[2008] 16 S.C.R. 
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-The husband and father in taw Shri Ashok Gupta-
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- · < : :. ·· - Willj:)ayRsA0,00,000/- (RL!pees Forty Lakhs) within . 
. ·two mo~hths by Demand Draft drawn at Bhiwani i.n 
, . nc:tme of ShilJ?C!. 
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(g) 
The husband, Shri Ashok Gupta aha ·other five 
persons will appear before Aggarwal Sabha, 
Prashant Vihar, Delhi, within· one' month from today 
-and apo~ogize in writing to the girl a.nd her family 
members. No further litigation of any nature will be 
started by parties on this account." 
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2. It is accepted that a sum of Rs.40,00,000/- by way of 
demand .draft has been deposited in. the registry of-this Court 
in: terms· of order dated 4. ~ 1.2008; The compromise is recorded 
in .. terms of what has been stated in the order dated 6:9.2008 . 
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·. D The demand draft be handed over by the registry to the learned 
counsel· f6r the· petitio'ner who shall file a receipt from the 
petitioner of. having received the draft. Ttie same· shall be done 
within two weeks frorri todai 
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3, The transfer 'petition is accordingly.disp_osed of .. 
S.K.S . 
Petition disposed of. 
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