Bala Thripura Sundari Kopparathi vs. Sindhuri Bonam

Court:Supreme Court of India
Judge:Hon'ble Sanjay Kishan Kaul, Abhay S. Oka
Case Status:Disposed
Order Date:12 Dec 2022
CNR:SCIN010123842020

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Order Issued After Hearing

Purpose:

Fixed Date by Court

Before:

Hon'ble Sanjay Kishan Kaul, Hon'ble Abhay S. Oka

Stage:

TRANSFER PETITIONS

Remarks:

Disposed off

Listed On:

12 Dec 2022

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

55300/2020, 55301/2020, 103027/2021, 141031/2021, 145487/2022,

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Order Text

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION [C] NO. 2078/2019

SINDHURI BONAM Petitioner(s)

VERSUS

ANJANEYA RAVI TEJA GOLLA Respondent(s) WITH T.P.(Crl.) No. 184/2020 (XVI-A)

O R D E R

IA No.145471/2022

The parties have jointly filed an application enclosing the settlement arrived at inter se the parties under the aegis of the Supreme Court Mediation Centre.

In terms of the settlement, it is stated that the parties got married on 18.05.2017 according to Hindu rites and there is no issue out of the wedlock. The parties resided together till March, 2018 and thereafter started living separately. The matter was referred to mediation

vide order dated 30.08.2022.

As usual there are the normal list of cases pending inter se the parties, the details of which have been set out in para 1 of the compromise application.

In terms of the settlement, the parties have jointly prayed for grant of decree of divorce or in the alternative, be permitted to file a joint petition seeking divorce.

The petitioner wife is also required to write a letter/email addressed to the Regional Passport Officer, Bengaluru that she is withdrawing the letter asking for blocking the passport of the respondent husband. The respondent husband as agreed to pay a sum of Rs.22.50 lakh as entire alimony towards full and final settlement out of which Rs.2.50 lakh has already been transferred to the account of the petitioner wife. The balance amount of Rs.20 lakh is being paid in Court. With this the full and final amount has been paid.

On perusal of the settlement agreement and the application which is signed by the parties and the counsels along with the Mediator, we see no impediment in taking on record the settlement agreement and acceding to the prayer made in the application.

In view of the settlement agreement, we quash the following proceedings:

"A. Domestic Violence Case- Application No.34 of 2019 pending before Judicial First- Class Magistrate Prohibition and Excise Court Kurnool, A.P., filed by the petitioner Wife bearing cause title "Sindhuri Bonam v. Anjaneya Ravi Teja Golla & Ors."

B. FIR No.322/2018, PS Kurnool, III Tn, lodged by the petitioner wife against respondent husband and Ors."

In view of the prayer made, we are inclined to exercise jurisdiction under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent of the two parties.

Consequently, the proceedings filed by the husband for divorce FCOP No.284/2022 would stand disposed of.

The full amount towards permanent alimony

has already been paid.

The decree of divorce be drawn up and the settlement agreement shall form a part of decree of divorce.

In view of the decree of divorce having been passed, the letter sent by the petitioner wife to the Regional Passport Officer, Bengaluru, Ministry of External Affairs, Government of India stands withdrawn.

The parties agree not to initiate any further legal proceedings and the said statement is taken on record. The parties shall abide by the terms of the agreement.

We may, however, say that learned counsel for the petitioner wife submits that the respondent husband has addressed some emails out of which she has a grievance. On the other hand, learned counsel for the respondent husband states that the copies of email were never even handed over and that, on instructions, he states that the respondent has not sent the emails. This is an issue which would be resolved by the parties or they may take appropriate action as they may deem proper

4

The petitions are accordingly disposed of.

…………………………………………..J. [SANJAY KISHAN KAUL]

…………………………………………..J. [ABHAY S. OKA]

NEW DELHI; DECEMBER 12, 2022

ITEM NO.1 COURT NO.2 SECTION XVI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Transfer Petition(s)(Civil) No(s). 2078/2019

SINDHURI BONAM Petitioner(s)

VERSUS

ANJANEYA RAVI TEJA GOLLA Respondent(s) (SETTLEMENT AGREEMENT DATED 12.09.2022 HAS BEEN RECEIVED IN BOTH THE MATTERS. IA No. 145471/2022 - APPLICATION FOR PERMISSION IA No. 125732/2019 - EX-PARTE STAY IA No. 141007/2021 - VACATING STAY)

WITH

T.P.(Crl.) No. 184/2020 (XVI-A) ( FOR STAY APPLICATION ON IA 55300/2020 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 55301/2020 FOR CONDONATION OF DELAY IN FILING ON IA 103027/2021 FOR STAY APPLICATION ON IA 141031/2021 FOR APPLICATION FOR PERMISSION ON IA 145487/2022

Date : 12-12-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ABHAY S. OKA

For Petitioner(s)Mr. Pallav Mongia, AOR
Mr. Ankush Mangal, Adv.
Mr. Tushar Srivastava, Adv.
Mr. Sanchit Garga, AOR
Mr. Aman Chawla, Adv.
Mr. Madhav Anand, Adv.
Mr. Nikunj Jain, Adv.
Mr. Karan Dua, Adv.
For Respondent(s)Mr. Sanchit Garga, AOR
Mr. Aman Chawla, Adv.
Mr. Madhav Anand, Adv.
Mr. Nikunj Jain, Adv.
Mr. Karan Dua, Adv.
Mr. Pallav Mongia, AOR

UPON hearing the counsel the Court made the following O R D E R

The Transfer Petitions are disposed of in terms of the signed order.

Pending applications stand disposed of.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]

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Order(3) - 30 Jan 2020

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Order(2) - 27 Nov 2019

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Order(1) - 27 Aug 2019

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