Full Judgment Text
NON-REPORTABLE
IN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.101-102 OF 2016
(Arising out of SLP(C) Nos. 34943-34944 of 2015)
PRIYANKA CHAWLA APPELLANT
VERSUS
AMIT CHAWLA RESPONDENT
J U D G M E N T
KURIAN,J.
Leave granted.
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1. The appellant and respondent were duly married on 26
April, 2007. Unfortunately, after a couple of years, differences
started between them which culminated in a decree of divorce
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granted by the Family Court, Ghaziabad on 20 September, 2014 in
case No.765/2011, on the ground of cruelty.
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2. The matter was pursued before the High Court of Ahallabad
leading to the impugned judgment dated 09.09.2015. The High Court
confirmed the decree of divorce. However, regarding the permanent
alimony, despite the compromise said to have been entered between
the parties for a total amount of Rs.36.50 lacs, the High Court
reduced the amount to Rs.29.50 lacs.
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3. It is not in dispute that an amount of Rs.21 lacs had
already been paid by the respondent before the High Court.
4. Learned Counsel appearing for the respondent-husband
submits that pursuant to the order passed by the High Court, a
further amount of Rs.5 lacs has also been deposited with the Family
Court, Ghaziabad.
5. When the matter came up before this Court on 04.01.2016,
having regard to the submissions made by the counsel for both sides
that the parties would like to have a peaceful settlement of the
entire disputes, they were directed to appear before this Court in-
person. Accordingly, the appellant- Ms. Priyanka Chawla accompanied
by her father–Mr. Girish Arya and respondent – Mr. Amit Chawla are
present before the Court.
6. It is agreed that in addition to the amount of Rs.21 lacs
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paid by the respondent/husband, a further amount of Rs.5 lacs will
be paid within a period of six months.
7. It is also agreed between the parties that the decree of
divorce granted by the Family Court, Ghaziabad on 20.09.2014 be set
aside and the parties be granted divorce by mutual consent on a
joint petition that is filed by the parties before this Court.
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8. It is also agreed that all other civil and criminal
litigations between the parties, as of now, pending in various
courts, be also put an end to.
9. Accordingly, these appeals are allowed in the following
terms:-
1. FIR No.2396 of 2009 P.S. Indirapuram dated 04.10.2009
under Section 498A IPC, FIR No.701/2010 lodged by Ms. Vinod
Kumari Chawla under Sections 147, 323, 452, 509, 506, 427,
379 IPC P.S. Indirapuram, Ghaziabad dated 01.04.2010 and
Complaint Case No.4953 of 2010 lodged by Girish Chandra Arya
under Section 156(3) Cr.P.C. dated 18.06.2010 under Section
879 IPC shall stand quashed.
2. Domestic Violence Case No.96 of 2010 under section 12
of Protection of Women From Domestic Violence Act,2005
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pending before the 2 ACJM, Ghaziabad and Maintenance Case
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No.1 of 2012 pending before 1 Additional Civil Judge,
S.D., Ghaziabad shall stand quashed.
3. The proceedings initiated by the appellant under Section
125 Cr.P.C. in Maintenance Case No.625/2011 pending before
the ACJ, Ghaziabad shall also stand quashed.
4. Having regard to the fact that a decree for divorce had
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already been granted as early as on 20.09.2014, in the
interests of justice and for doing complete justice, the
cooling period is waived and the parties are granted a
decree of divorce by mutual consent.
5. The appellant is permitted to withdraw the demand draft
of Rs.5 lacs deposited by the respondent before the Family
Court, Ghaziabad.
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6. The respondent will pay the remaining amount of Rs.5
lacs by way of demand draft, drawn in the name of Ms.
Priyanka-appellant on or before 30.06.2016.
10. We appreciate the sincere efforts made by the
learned counsel for the parties for an amicable settlement between
the parties and also the cooperation rendered by the parties.
11. No costs.
....................J.
(KURIAN JOSEPH)
....................J.
(ROHINTON FALI NARIMAN)
NEW DELHI;
8TH JANUARY, 2016
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