Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1922 OF 2009
(Arising out of S.L.P. (Crl.) No.4317 of 2007)
Dinesh Kumar Srivastav and Ors. ...Appellant(s)
Versus
Swati Sinha and Anr. ...Respondent(s)
O R D E R
Leave granted.
During the pendency of this matter, a joint
application has been filed by Dinesh Kumar Srivastav and
Swati Sinha under Section 13-B of the Hindu Marriage Act,
1956, [for short, `the Act']. It is stated in the said
application that, during the pendency of the present
petition, the parties have decided to put an end to their
matrimonial relationship and filed the present application
for seeking mutual divorce under under Section 13-B of the
Act. In the application, it is mentioned that both the
parties shall withdraw the civil and criminal proceedings
initiated by them against each other in various Courts. Let
it be done within four weeks from today.
The appellant-Dinesh Kumar Srivastav has given a
bank draft of Rs.1.25 lakhs to Swati Sinha towards her
maintenance and Rupees one lakh has been deposited in the
name of his daughter-Shivani Sinha under the guardianship of
her mother Swati Sinha.
....2/-
- 2 -
The appellant-Dinesh Kumar Srivastav has further
agreed to pay Rupees two thousand per month to Swati Sinha
towards monthly educational expenses of his daughter Shivani
Sinha. He has also undertaken to pay the same till Shivani
attains the age of 18 years. The amount of Rupees two
thousand shall be paid to Swati Sinha by an account payee
th
cheque/draft every month by 15 day of each calendar month.
It may be stated that the amount of Rupees two thousand would
be paid from the month of November, 2009 onwards.
The appellant-Dinesh Kumar Srivastav would be
entitled to spend two hours with his daughter on second and
fourth Saturdays/Sundays of every month at the place
wherever she stays with Swati Sinha. Swati Sinha is directed
to cooperate in that respect.
On consideration of the totality of the facts and
circumstances of this case, the parties are granted a decree
of divorce by mutual consent.
In case of non-compliance of any condition
incorporated in the application, the parties would be at
liberty to approach the Allahabad High Court.
The appeal is, accordingly, disposed of on the
above terms.
......................J.
[DALVEER BHANDARI]
......................J.
[P. SATHASIVAM]
New Delhi,
October 19, 2009.