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SMT. RACHNA versus JAYESH

Citation: [2008] 14 S.C.R. 517 · Decided: 16-10-2008 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off

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Judgment (excerpt)

[2008] 14 S.C.R. 517 
-~~ 
SMT. RACHNA 
A 
v. 
JAYESH 
(T.P.(C) No. 699 of 2008) 
OCTOBER 16, 2008 
B 
(DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM 
-1 
SHARMA, JJ.) 
Hindu Law: 
Lok Ada/at - Matrimonial disputes - Settling of - Held: c 
Disputes between the parties settled at Supreme Court Lok 
Ada/at - Transfer petitions disposed of accordingly 
Petitioner-wife filed transfer petition before this Court 
for transfer of certain cases involving matrimonial dis-
D 
putes and were pending before various civil and criminal 
.... __, 
courts. The cases were listed before the Supreme Court 
Lok Adalat and settled. 
Disposing of the petition, the Court 
HELD: It has been agreed between the parties that E 
they shall live as husband and wife together and that there 
is no other claim against each other. In view of the afore-
said agreement, the casess are disposed of in terms of 
the settlement. (Paras 1 (4) & 2) [518-G-4] 
F 
-A 
CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil) 
No. 699 of 2008 
WITH 
T.P. (Crl.) Nos. 327/2008 and 49/2007 
G 
~ 
Dr. Vipin Gupta, Shree Pal Singh, Govind Goel, C.D. 
Singh, Sunny Chowdhary, Vairagya Vardhan Dubey, Aditya 
Singh and Sukesh Ghosh for the Appearing Parties. 
-
517 
H 
518 
SUPREME COURT REPORTS 
[2008] 14 S.C.R. 
A 
The Judgment of the Court was delivered by 
DR. ARIJIT PASAYAT, J. 1. Though the present transfer 
petitions have been filed for transfer of certain cases, the cases 
were directed to be listed at the Supreme Court Lok Adalat 
which was held on 5th September, 2008. The objective was to 
8 
explore the possibility of sorting out the matrimonial discords. 
With the assistance of the Mediators, the parties were heard 
and following terms for settling the disputes were arrived at: 
"It has been agreed between the petitioner and the 
c 
respondents along with their respective fathers that 
1. 
The father of respondent agrees with the father of 
the petitioner that he will accept the apologies of 
Shri Devki Nandan Sone, father of the petitioner wife 
in presence of the Jatav Samaj of the respondent's 
D 
father at Indore and shall forgive him for all that has 
happened. 
E 
F 
G 
H 
2. 
Shri Devki Nandan Sone will pay a sum of Rs.50,000/ 
- to the respondent on or before 5th of November, 
2008, for obtaining allotment of flat. 
3. 
The respondent Mr. Jayesh will apply to his Company 
ONGC for allotment of flat at Bombay on 1 oth 
September, 2008. 
That respondent Mr. Jayesh, will inform the petitioner 
and her family at Agra about the allotment of the flat 
by the Company and shall go to Agra to take the 
petitioner with him to Bombay to set up his 
matrimonial house. 
4. 
It has been agreed between the parties that they 
shall live as husband and wife together and that there 
is no other claim against each other. 
Cases filed by Smt. Rachana Petitioner: 
(1) 
ST No.123/07 Section 307 IPC 
...
SMT. RACHNA v. JAYESH 
519 
[DR. ARIJIT PASAYAT, J.] 
-~ 
State Vs. Jayesh and Ors. ASJ, Agra 
A 
(2) 
Case Claim No.124/2005 Rachna Vs. Jayesh 
Section 498A, 307, 323, 504, 506 IPC read with% 
D.P. Act. 
Cases filed by Jayesh Respondent. 
B 
I. 
Petition for divorce pending at Indore Misc. 370/ 
---1 
6 Family. 
... 
II. 
Criminal Complaint No.2284/05 titled Ramesh 
Chandra and Ors. v. Vijay Singh and Ors. shall c 
be withdrawn/quashed by the Court. 
Agreed accordingly." 
2. In view of the aforesaid agreement, the petitions are 
disposed of on the terms as set out above. The proceedings as 
D 
noted above stand closed. 
---{ 
S.K.S. 
Disposed Petition of.