Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.1928 of 2018
KIRTI VIJAYVARGIYA Petitioner
VERSUS
RAHUL VIJAYVARGIYA Respondent
O R D E R
Pursuant to the order dated 16.12.2019, the matter was
referred to the Supreme Court Mediation Centre to explore the
possibility of settlement between the parties.
We are happy to note that the parties have settled the matter.
The Mediation Report dated 18.01.2020 has appended Settlement
Agreement dated 17.01.2020 arrived at between the parties, which is
signed by the parties as well as their counsel. Said Settlement
Agreement dated 17.01.2020 is taken on record.
Both the parties along with their Advocates are present in the
Court. The parties have agreed to abide by the terms of settlement.
In terms of said Settlement Agreement, the parties have
decided to withdraw all the cases filed against each other, which
include inter alia , cases filed under Section 125 Cr.P.C. and under
Domestic Violence Act, 2005 by the petitioner-wife.
Signature Not Verified
Digitally signed by
MUKESH KUMAR
Date: 2020.04.24
15:34:32 IST
Reason:
2
The respondent-husband also agreed to pay a sum of
Rs.11,51,000/- (Rupees eleven lakh fifty one thousand only) to the
petitioner-wife towards full and final settlement of all her
claims. It is accepted by the learned counsel for the petitioner
that said amount has been received by the petitioner by way of
Demand Drafts.
The petitioner and the respondent are quite young and are
desirous to lead their lives independently. Since the parties have
settled their disputes amicably and have decided to part company,
we exercise our power under Article 142 of the Constitution of
India and annul their marriage which was solemnized on 28.02.2017
at Surat, Gujarat.
A copy of this order shall be placed on record of Divorce Case
No.38 of 2018 pending before the Family Court, Chitorgarh,
Rajasthan and said divorce case shall stand disposed of in terms of
this order.
This transfer petition is disposed of in aforesaid terms.
.................................J.
[UDAY UMESH LALIT]
.................................J.
[VINEET SARAN]
NEW DELHI;
FEBRUARY 28, 2020
3
CORRECTED
ITEM NO.35 COURT NO.6 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition (Civil) No.1928/2018
KIRTI VIJAYVARGIYA Petitioner(s)
VERSUS
RAHUL VIJAYVARGIYA Respondent(s)
(FOR ADMISSION; and, IA No.163516/2018 – FOR EX-PARTE STAY)
Date : 28-02-2020 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE VINEET SARAN
For Petitioner(s) Mr. Anish Kumar Gupta, AOR
Ms. Archana Preeti Gupta, Adv.
Mr. Chandra Shekhar Suman, Adv.
Mr. Puneet Sheoran, Adv.
Ms. Deepshikha Bharati, Adv.
Ms. Rita Gupta, Adv.
For Respondent(s) Mr. Dinesh Kumar Goswami, Sr. Adv.
Mr. Gopal Jha, AOR
Mr. Gajendra Giri, Adv.
Mr. Rudra Vikram Singh, Adv.
Mr. Aditya Giri, Adv.
Ms. Ruma Rani, Adv.
Dr. Sukhdev Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The Transfer Petition is disposed of, in terms of the Signed
Order.
Pending application(s), if any, shall stand disposed of.
(MUKESH NASA) (PRADEEP KUMAR)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)