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Fighting Couple Says Sorry To Each Other, SC Allows Them To Part Ways [Read Order]
ashok kini
25 Nov 2018 1:40 PM IST
“We are happy to note that the parties have cooperated with the suggestions made by the Court and have taken a conscious decision to put an end to their litigation”The Supreme Court bench headed by Justice Kurian Joseph is continuing its efforts to put quietus to litigations by persuading parties to settle the issues, instead of clinging on with cases against each other.Recently, a...
“We are happy to note that the parties have cooperated with the suggestions made by the Court and have taken a conscious decision to put an end to their litigation”
The Supreme Court bench headed by Justice Kurian Joseph is continuing its efforts to put quietus to litigations by persuading parties to settle the issues, instead of clinging on with cases against each other.
Recently, a man approached the Apex court seeking transfer of a divorce case filed against him by his wife to New Delhi. Then bench referred the matter to mediation, but the mediator could not make them arrive at a settlement. The mediation report opined that it is a case where the dispute can be settled through the intervention of the Court.
Thereafter, the bench, also comprising of Justice AM Khanwilkar, interacted with both the parties, before which both of them expressed their regret for their conduct towards each other.
The bench recorded: “The petitioner-husband has submitted that he feels sorry on whatever has gone wrong on his part. The respondent-wife also submits that if she has done anything wrong, she feels sorry for that. “
On the next hearing, they produced a Deed of Settlement before the Court. In the deed, they said: “With the intervention of the friends and family members and with appropriate judicial guidance during the hearing of the Transfer Petition, the Parties have been able to mutually settle all their disputes, claims, grievances against each other.”
The husband also agreed to pay an amount of Rs. Rupees Five Crore to the wife in consideration of the full and final settlement for the dissolution of the marriage/divorce.
We are happy to note that the parties have cooperated with the suggestions made by the Court and have taken a conscious decision to put an end to their litigation, the bench said.
The bench then directed the parties to move a formal application under Section 13B of the Hindu Marriage Act, 1955 for Court for dissolution of marriage.
Read the Order Here