Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 5045-47 OF 2016
[ @ SPECIAL LEAVE PETITION (C) NOs. 7503-7505 OF 2016]
ARUN BABAN SAWANT Appellant(s)
VERSUS
SUREKHA KERU PIMPARKAR @ SUREKHA A. SAWANT Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. Heard the learned counsel on both the sides as
well as the petitioner and the respondent, who have
appeared before this Court.
3. Though it was reported by the Mediator of the
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Supreme Court Mediation Centre that the parties could
not arrive at an amicable settlement, since the
parties are present before us, we made an attempt and
it is heartening to note, thanks to the cooperation
of the parties and the learned counsel appearing for
both the sides, that an amicable settlement has been
made possible.
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4. In view of the above, it is not necessary for us
to go into the factual details of the case.
5. The parties have been duly divorced. The custody
of their daughter-Sanjana is with the
respondent-mother. What remains is only the
visitation rights of the appellant-father and the
permanent alimony for the respondent and future
maintenance for the child.
6. Having regard to the various suggestions, which
have evolved in Court, having regard to the
background of the parties and having regard to the
best interests of both the parties and their child,
it is agreed, and which agreement we feel is just and
reasonable as well, that the appellant shall pay an
amount of Rs. 30 Lakhs (Rupees Thirty Lakhs) towards
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alimony and maintenance to the respondent-mother and
the daughter within a span of two and a half years
from today. This amount shall be paid in the
following manner :-
i) Rs. 10 Lakhs shall be paid within six months from
today by way of a Demand Draft drawn in favour of the
respondent - Surekha Keru Pimparkar.
ii) A further payment of Rs. 10 Lakhs will be made
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within one year thereafter, by way of a Demand Draft
drawn in favour of the respondent - Surekha Keru
Pimparkar.
iii) Within one year thereafter, the remaining Rs. 10
Lakhs will be paid by way of a Demand Draft drawn in
favour of the daughter - Sanjana.
7. It is made clear that if any default is committed
by the appellant in paying the abovementioned
amounts, he shall be liable for contempt of this
Court, apart from other consequences of interest etc.
8. As far as the visitation rights of the
appellant-father are concerned, the appellant-father
shall be given visitation rights to visit his
daughter-Sanjana in the presence of a
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student-councillor attached to the school where she
is presently studying, on two non-working Saturdays
in a month from 10.00 AM to 01.00 PM.
9. In that view of the matter, the following cases
which are pending between the parties in various
Courts shall stand dismissed :-
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i) Family Court Appeal No. 23 of 2011 titled as
"Surekha Arun Sawant Vs. Arun Baban Sawant" pending
before the High Court of judicature of Bombay at
Mumbai.
ii) Domestic Violence Case No. 174/N/2008 titled as
"Surekha Keru Pimparkar Vs. Arun Baban Sawant,
pending before the 49th Metropolitan Magistrate,
Vikhroli, Mumbai.
iii) Contempt Petition No. 189 of 2012 titled as
"Surekha Arun Sawant Vs. Arun Baban Sawant, pending
before the High Court of judicature of Bombay at
Mumbai.
iv) Contempt Petition No. 692 of 2009 titled as "Arun
Baban Sawant Vs. Surekha Arun Sawant (renumbered as
CMA No. 09 of 2010) pending before the Family Court,
Thane.
v) Execution Petition (RD No. 53 of 2010) titled as
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"Surekha Arun Sawant Vs. Arun Baban Sawant, pending
before the Family Court at Thane.
vi) MP No. 188 of 2015 (New No. F-173/2010) titled as
"Surekha Arun Sawant Vs. Arun Baban Sawant, pending
before the Family Court, Thane.
In view of the settlement of the entire disputes,
we expect the family members not to pursue CC No. 673
of 2009 titled as "Narhari Bhimaji Hinge Vs. Mrs.
Surekha Arun Sawant & Ors." pending before JMFC,
Thane.
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10. The Registry is directed to communicate a copy of
this Judgment to the above Courts forthwith.
11. With the above observations and directions, these
appeals are disposed of.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
May 02, 2016.
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