Smt. Shilpa Vs. Shri Abhinav
EmailAppeal: Transfer Petition (Civil) No. 79 of 2008
Petitioner: Smt. Shilpa
Respondent: Shri Abhinav
Apeal: Transfer Petition (Civil) No. 79 of 2008
Judges: Dr. Arijit Pasayat & Dr. Mukundakam Sharma, JJ.
Date of Judgment: Dec 16, 2008
Appearances:
Mr. Devashish Bharuka, Advocate for the Petitioner.
Mr. P.N. Puri, Mr. R.K. Gupta and Mrs. Reeta Dewan Puri, Advocates for the Respondent.
Mr. P.N. Puri, Mr. R.K. Gupta and Mrs. Reeta Dewan Puri, Advocates for the Respondent.
Head Note:
Matrimonial
Parties entered into a compromise and a draft of Rs. 40 Lacs deposited in the registry in terms of the order – The same will be handed over to respondent who shall issue a receipt. Transferred petition disposed of.
Parties entered into a compromise and a draft of Rs. 40 Lacs deposited in the registry in terms of the order – The same will be handed over to respondent who shall issue a receipt. Transferred petition disposed of.
JUDGEMENT:
Dr. Arijit Pasayat, J.
1. This transfer petition was taken up at the Supreme Court Lok Adalat on 6th September, 2008. After hearing the parties the following order was passed:
‘The wife, her father, her husband and his father have appeared in person and presented a joint petition of settlement duly signed by all of them. They have been represented through their counsel. The parties have agreed to settle their dispute on the following terms as enumerated in the petition:
(a) All criminal cases/complaints/FIRs/DDRs, filed by either party would be quashed.
(b) Marriage between the parties would be dissolved by mutual consent divorce.
(c) Abhinav, his parents, his brother and Bhabi and his two Mamas would collectively appear before an Aggarwal Sabha and acknowledge their wrongs committed on Shilpa.
(d) In case any of these above seven persons fails to appear before the Sabha, Shilpa can revive her complaints.
(e) The husband and father in law Shri Ashok Gupta will pay Rs.40,00,000/- (Rupees Forty Lakhs) within two months by Demand Draft drawn at Bhiwani in name of Shilpa.
(g) The husband, Shri Ashok Gupta and other five persons will appear before Aggarwal Sabha, Prashant Vihar, Delhi, within one month from today and apologize in writing to the girl and her family members. No further litigation of any nature will be started by parties on this account.’
2. It is accepted that a sum of Rs.40,00,000/- by way of demand draft has been deposited in the registry of this Court in terms of order dated 4.11.2008. The compromise is recorded in terms of what has been stated in the order dated 6.9.2008. The demand draft be handed over by the registry to the learned counsel for the respondent who shall file a receipt from the respondent of having received the draft. The same shall be done within two weeks from today.
3. The transfer petition is accordingly disposed of.
1. This transfer petition was taken up at the Supreme Court Lok Adalat on 6th September, 2008. After hearing the parties the following order was passed:
‘The wife, her father, her husband and his father have appeared in person and presented a joint petition of settlement duly signed by all of them. They have been represented through their counsel. The parties have agreed to settle their dispute on the following terms as enumerated in the petition:
(a) All criminal cases/complaints/FIRs/DDRs, filed by either party would be quashed.
(b) Marriage between the parties would be dissolved by mutual consent divorce.
(c) Abhinav, his parents, his brother and Bhabi and his two Mamas would collectively appear before an Aggarwal Sabha and acknowledge their wrongs committed on Shilpa.
(d) In case any of these above seven persons fails to appear before the Sabha, Shilpa can revive her complaints.
(e) The husband and father in law Shri Ashok Gupta will pay Rs.40,00,000/- (Rupees Forty Lakhs) within two months by Demand Draft drawn at Bhiwani in name of Shilpa.
(g) The husband, Shri Ashok Gupta and other five persons will appear before Aggarwal Sabha, Prashant Vihar, Delhi, within one month from today and apologize in writing to the girl and her family members. No further litigation of any nature will be started by parties on this account.’
2. It is accepted that a sum of Rs.40,00,000/- by way of demand draft has been deposited in the registry of this Court in terms of order dated 4.11.2008. The compromise is recorded in terms of what has been stated in the order dated 6.9.2008. The demand draft be handed over by the registry to the learned counsel for the respondent who shall file a receipt from the respondent of having received the draft. The same shall be done within two weeks from today.
3. The transfer petition is accordingly disposed of.
