[2009] 1 S.C.R. 662

APARNA GOYAL

RAKESH GOYAL (Transfer Petition (C) No. 91 of 2008)

JANUARY 27, 2009

[DR. ARIJIT PASAYAT, DR. MUKUNDAKAM SHARMA

AND H.L. DA TTU, JJ.]

Matrimonial dispute - In Lok Ada/at, with the help of c mediators settlement arrived at - SLP and Transfer Petition disposed of the following terms:

(1) A sum of Rs. 10 lacs which has been deposited with the Registry of this Court be handed over to

D Smt. Aparna Goyal, the wife.

(2) In view of the agreement, proceedings in Case No.25912003 pending before learned Metropolitan Magistrate, New Delhi, Patiala House Court and Case No.10111112003 filed under Section 125 of E the Code of Criminal Procedure, 19 73 (in short the 'Code') (the aforesaid two cases were filed by Smt. Aparna Goyal, the wife) and HMA No.371 2006 filed by the husband seeking divorce pending before District Judge, Muktsar, Punjab F stands disposed of

(3) In HMA No.3712006 the divorce by mutual consent be passed in terms of Section 138(1) and 138(2) of the Hindu Marriage Act, 1956 by

G dissolving the marriage between the husband Rakesh and Aparna Goyal, the wife in terms of this order.

CIVIL ORIGINAL JURISDICTION : Transfer Petition (C) No. 91 of 2008. ..

H 662

APARNA GOYAL v. RAKESH GOYAL 663

WITH A

T.P. (Crl.) Nos. 183-184 of 2008 and S.L.P. (Crl) Nos. 6900- 6902 of 2007.

K.B. Rohtagi, Aparna Rohtagi Jain, Mahesh Kasana and B Sandhya Goswami for the Petitioner.

A. Sharan, A.S.G., M.K. Monga, P.O. Tiwari, P.

Narasimhan, S. Balaji, Gaurav Agrawal, S. Kaushik, Anil Katiyar and D.S. Mahra for the Respondent. c The Judgment of the Court was delivered by

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.

D ~.,

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 E 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 F 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 G

__., 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, H

SUPREME COURT REPORTS


A 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 s District Judge, Muktsar, Punjab stands disposed of.

3. In HMA No.37/2006 the divorce by mutual consent be passed in terms of Section 138(1) and 138(2) of the Hindu Marriage Act, 1956 by dissolving the marriage between the husband Rakesh and Aparna Goyal, the wife in terms of this C order.

4. The petitions are accordingly disposed of.

G.N.

Petitions disposed of.