Aparna Goyal Vs. Rakesh Goyal

Aparna Goyal vs Rakesh Goyal

Type Court Judgment Court Supreme Court of India Decided Jan 27, 2009

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Citation: sooperkanoon.com/642976
Court: Supreme Court of India
Judge: Arijit Pasayat,; Mukundakam Sharma and; H.L. Dattu, JJ.
Decided On: Jan 27, 2009
Case Number: Transfer Petition (C) No. 91 of 2008 and Transfer Petition (Crl.) Nos. 183-184 of 2008 (SLP (Crl.) N
Subject: Family;Civil

Case Summary

AI-generated summary - not the official court judgment text.

Family -- Divorce by mutual consent - Parties settled their disputes before Supreme Court Lok Adalat - Amount deposited by Respondent/husband with Registrar General of this Court - Held, amount be released to Appellant/wife - Cases filed by parties stands disposed of - Divorce by mutual consent be passed in terms of...

Key legal issue: Family;Civil
Acts & sections: Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Hindu Marriage Act, 1955 - Sections 13B(1) and 13B(2)

Parties & Advocates

Appellant / Petitioner

Aparna Goyal

Advocate K.B. Rohtagi,; Aparna Rohtagi Jain,; Mahesh Kasana and;

Respondent

Rakesh Goyal

Advocate A. Sharan, A.S.G., ; M.K. Monga, ; P.D. Tiwari, ;

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Hindu Marriage Act, 1955 - Sections 13B(1) and 13B(2)
Reported In: AIR2009SC1836; 2009(2)AWC1694(SC); 2009(2)BomCR52; 2009(2)SCALE71; (2009)12SCC648:2009AIRSCW1447:2009(1)SCR662:2009(2)JT97

Excerpt

family -- divorce by mutual consent - parties settled their disputes before supreme court lok adalat - amount deposited by respondent/husband with registrar general of this court - held, amount be released to appellant/wife - cases filed by parties stands disposed of - 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 - petitions disposed of. - section 25: [dr. arijit pasayat, dr. mukundakam sharma & h.l. dattu, jj] transfer of cases petition by wife parties, husband and wife appearing before lok adalt settlement reached between parties parties agreed that they want divorce by mutual consent and also agreed not to proceed in pending criminal and civil disputes - petition disposed of in terms of settlement. direction to grant divorce by mutual consent issued. 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.

Full Judgment

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.

Same Court & Year Supreme Court of India · 2009 Same Parties Aparna Goyal vs Rakesh Goyal Same Subject Family;Civil Same Judge Arijit Pasayat,; Mukundakam Sharma and; H.L. Dattu, JJ. Acts & Sections Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Hind...

Family;Civil