Aparna Goyal Vs. Rakesh Goyal
EmailAppeal: Transfer Petition (C) No. 91 of 2008
With
[TP (Crl.) Nos. 183-184 of 2008]
[SLP (Crl.) Nos. 6900-6902 of 2007]
With
[TP (Crl.) Nos. 183-184 of 2008]
[SLP (Crl.) Nos. 6900-6902 of 2007]
Petitioner: Aparna Goyal
Respondent: Rakesh Goyal
Apeal: Transfer Petition (C) No. 91 of 2008
With
[TP (Crl.) Nos. 183-184 of 2008]
[SLP (Crl.) Nos. 6900-6902 of 2007]
With
[TP (Crl.) Nos. 183-184 of 2008]
[SLP (Crl.) Nos. 6900-6902 of 2007]
Judges: Dr. Arijit Pasayat, Dr. Mukundakam Sharma & H.L. Dattu, JJ.
Date of Judgment: Jan 27, 2009
Appearances:
Mr. K.B. Rohtagi, Ms. Aparna Rohtagi Jain, Mr. Mahesh Kasana and Ms. Sandhya Goswami, Advocates for the Petitioner.
Mr. A. Sharan, A.S.G., Mr. M.K. Monga, Mr. P.D. Tiwari, Mr. P. Narasimhan, Mr. S. Balaji, Mr. Gaurav Agrawal, Mr. S. Kaushik, Mrs. Anil Katiyar and Mr. D.S. Mahra, Advocates with him for the Respondent.
Mr. A. Sharan, A.S.G., Mr. M.K. Monga, Mr. P.D. Tiwari, Mr. P. Narasimhan, Mr. S. Balaji, Mr. Gaurav Agrawal, Mr. S. Kaushik, Mrs. Anil Katiyar and Mr. D.S. Mahra, Advocates with him for the Respondent.
Head Note:
HINDUu LAWS/MATRIMONIAL LAWS
Hindu Marriage Act, 1955
Sections 13B(1), 13B(2) – Petition for Divorce – Transfer petition – Settlement of divorce by mutual consent. Held divorce by mutual consent passed dissolving the marriage.
Hindu Marriage Act, 1955
Sections 13B(1), 13B(2) – Petition for Divorce – Transfer petition – Settlement of divorce by mutual consent. Held divorce by mutual consent passed dissolving the marriage.
JUDGEMENT:
Dr. Arijit Pasayat, J.
1. Special Leave Petitions Nos.6900-6902 of 2007, TP (Crl.) Nos. 183-184 of 2008 and TP (Civil) No.91 of 2008 are taken up together.
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 13B(1) and 13B(2) of the Hindu Marriage Act, 1955 by dissolving the marriage between the husband Rakesh and Aparna Goyal, the wife in terms of this order.
4. The petitions are accordingly disposed of.
1. Special Leave Petitions Nos.6900-6902 of 2007, TP (Crl.) Nos. 183-184 of 2008 and TP (Civil) No.91 of 2008 are taken up together.
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 13B(1) and 13B(2) of the Hindu Marriage Act, 1955 by dissolving the marriage between the husband Rakesh and Aparna Goyal, the wife in terms of this order.
4. The petitions are accordingly disposed of.
