Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 2287/2018
(ARISING FROM SLP (C) NOS.17055 OF 2017)
SUDARSANA RAO GADDE APPELLANT(S)
VERSUS
| KARUNA GADDE RESPONDENT(S) | ||
|---|---|---|
| J U D G M E N T | ||
| KURIAN, J. | ||
| Leave granted. | ||
| 2. The appellant is before this Court, aggrieved by<br>the order dated 16.06.2017 passed in Civil Revision<br>No.1804/2017. The disputes are matrimonial in nature. | ||
| 3. We had made several attempts for a peaceful and<br>amicable settlement of the disputes, through Mediators<br>and also by the Court itself. In this connection, we<br>may reproduce an order of this Court dated<br>01.08.2017:- |
“The parties are before us on account
of a prolonged litigation for the
custody of their minor child Ayush.
The parties along with the
grandparents are here for quite a few
days. We painfully note that the
child has not been attending the
Signature Not Verified
school for the last one month.
Digitally signed by
MAHABIR SINGH
Date: 2018.03.23
14:48:50 IST
Reason:
Thanks to the intervention of
Mr. P.S. Narasimha, learned Additional
1
Solicitor General, thanks to the
strenuous efforts of learned Senior
counsel appearing for both sides,
thanks to the cooperation extended by
the parties and finally due to the
steps taken by this Court, the parties
have now arrived at a settlement.
The agreement dated 01.08.2017,
duly signed by both the parties and
their respective counsel has been
handed over to us in the Court today.
The parties are present before
us today. The parties are directed to
act according to the terms of the
settlement which shall also form part
of this order.
We direct both parties not to
institute any case or petition or any
complaint against each other or the
members of the family on both sides.
They will not approach any forum with
regard to any of the disputes between
the parties or on the custody of the
child or on visitation without the
leave of this Court.
All litigations pending between
the parties shall remain stayed until
further orders.
We direct the petitioner
Sudarsana Rao Gadde to hand over the
child at the residence of Karuna
Gadde-respondent before 1 p.m. on
02.08.2017. In case the presence of
both the parents is required in the
school, they shall communicate with
2
each other and both of them shall be
present in the school.
| Post this matter on 20.02.2018.” | ||
|---|---|---|
| 4. Today, the parties are personally present before<br>us along with their child-Aayush. In Clause 2 (vi)<br>read with Clause 4(vi) of the Settlement, the parties<br>have agreed on visitation and custody rights. In view<br>of the long litigations between the parties they have<br>prayed for a decree of divorce by mutual consent.<br>Having interacted with the parties, we find that they<br>have taken a conscious decision without being<br>influenced by any other extraneous factors.<br>Accordingly, the marriage between the<br>appellant/Sudarsana Rao Gadde and respondent/Karuna<br>Gadde is dissolved by a decree of divorce by mutual<br>consent under Section 10A of the Indian Divorce Act,<br>1869. The Settlement dated 01.08.2017 arrived at<br>between the parties is already on record and the same<br>shall form part of this judgment. | ||
| 5. We direct the parties to strictly abide by the<br>terms of Settlement. | ||
| 6. Now that the parties have settled their disputes,<br>we do not think it necessary to relegate them to the<br>respective Courts where other litigations are pending<br>between them as they have agreed to put an end to all<br>the litigations. Accordingly, G.W.O.P. No. 2222 of |
3
| 2016 on the file of the Family Court at Rangareddy<br>District, Miyapur, Hyderabad will stand disposed of<br>in terms of the Settlement dated 01.08.2017. O.P.<br>No.2223/2016 pending before the Family Court at<br>Rangareddy District, Miyapore Hyderabad is decreed as<br>per the abovementioned Settlement. | |
|---|---|
| 7. In terms of the Settlement, we restrain the<br>parties from instituting any fresh case against each<br>other in respect of any dispute arising out of the<br>Settlement dated 01.08.2017, without express<br>permission from this Court. | |
| 8. The appeal is, accordingly, disposed of. | |
| 9. Pending applications, if any, shall stand<br>disposed of. | |
| 10. There shall be no orders as to costs. | |
| ..........................J. | |
| [KURIAN JOSEPH] | |
| ..........................J. | |
| [MOHAN M. SHANTANAGOUDAR] | |
| NEW DELHI; | |
| FEBRUARY 20, 2018. |
4