2009 ALL SCR 1554
A. PASAYAT AND MUKUNDAKAM SHARMA, JJ.
Aparna Goyal Vs. Rakesh Goyal
Transfer Petition (C) No.91 of 2008,TP (Crl.) Nos.183-184 of 2008,SLP (Crl.) Nos.6900-6902 of 2007
27th January, 2009
Petitioner Counsel: K. B. ROHTAGI, Ms. APARNA ROHTAGI JAIN, MAHESH KASANA, Ms. SANDHYA GOSWAMI
Respondent Counsel: A. SHARAN, M. K. MONGA, P. C. TIWARI, P. NARASIMHAN, S. BALAJI, GAURAV AGRAWAL, S. KAUSHIK, Mrs. ANIL KATIYAR, D. S. MAHRA
Civil P.C. (1908), S.25 - Transfer of case - Petition by wife under S.125 of Cr.P.C. for maintenance and petition for divorce by mutual consent by husband - Parties through intervention by Lok Adalat reaching settlement - Husband depositing a sum of Rs.10 lakhs to be paid to wife - Direction to grant divorce by mutual consent issued. (Paras 2, 3)
2. Parties to the dispute i.e. Smt. Aparna Goyal-petitioner (hereinafter referred to as the 'wife') and Rakesh Goyal (hereinafter referred to as the husband) had appeared at the Supreme Court Lok Adalat held on 6.12.2008. With the intervention of the mediators the parties agreed to settle their disputes. It was agreed that the parties (husband and wife) want divorce by mutual consent and also agreed not to proceed in the pending criminal and civil disputes. A sum of Rs.10,00,000/- has been agreed to be paid by the husband to the wife in full and final settlement of her claims relating to the marriage. A sum of Rs.10 lacs by way of draft drawn in the favour of Registrar-General of this Court has been presented. The Special Leave Petitions and Transfer Petition are disposed of on the following terms :
(1) A sum of Rs.10 lacs which has been deposited with the Registry of this Court be handed over to Smt. Aparna Goyal, the wife.
(2) In view of the agreement, proceedings in Case No.259/2003 pending before learned Metropolitan Magistrate, New Delhi, Patiala House Court and Case No.1011/1/2003 filed under Section 125 of the Code of Criminal Procedure, 1973 (in short the 'Code') (the aforesaid two cases were filed by Smt. Aparna Goyal, the wife) and HMA No.37/2006 filed by the husband seeking divorce pending before District Judge, Muktsar, Punjab stands disposed of.
3. In HMA No.37/2006 the divorce by mutual consent be passed in terms of Section 13-B(1) and 13-B(2) of the Hindu Marriage Act, 1956 by dissolving the marriage between the husband Rakesh and Aparna Goyal, the wife in terms of this order.