Full Judgment Text
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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
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.02.24
13:32:31 IST
Reason:
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)