Supreme Court of India
Tarvinder Singh vs Gurupreet Kaur on 28 November, 2018Author: …………………..J. Bench: [ Gupta], [ Joseph] NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 11470/2018 (ARISING FROM SLP (C) NOS.25257/2017) TARVINDER SINGH PETITIONER(S) VERSUS GURUPREET KAUR RESPONDENT(S) J U D G M E N T
2. The appellant approached this Court aggrieved by the order dated 25.07.2017 passed by the High Court of Karnataka at Bangalore in Writ Petition No.16335/2016. As per the impugned order, the High Court declined to interfere with the order passed by the Trial Court on an application filed under Order VI Rule 17 of the CPC for amendment in the pleadings in the divorce petition filed by the appellant.
3. When the matter came up before this Court, sensing that there is an element of Settlement, we directed the parties to be present before this Court and with their consent they were referred to Ms. Shalini Shishodia, who is a trained Mediator. Learned Mediator has forwarded a Settlement Agreement dated 28.11.2018 signed by the parties and their
Signature Not Verified Digitally signed by
NARENDRA PRASAD respective counsel and also the learned Mediator,
which is on record. The Settlement Agreement dated 28.11.2018 shall form part of the order/decree.
4. It is seen that the parties have decided to part
ways. In terms of the Settlement Agreement, the
parties have filed a joint application under Section
13-B of the Hindu Marriage Act, 1955. The parties
are present before us. We have interacted with them.
We are also convinced that they have taken a
conscious decision. We are also satisfied that
having regard to the background of the litigations,
it is not necessary for the parties to go through the
regular process. Therefore, the application is taken
on Board and it is allowed. The marriage between Mr.
Tarvinder Singh and Ms. Gurupreet Kaur is dissolved
by a decree of divorce by mutual consent. We direct
the parties to abide by the terms of the Settlement
Agreement dated 28.11.2018.
5. In terms of the Settlement, the appellant has
handed over a Demand Draft for a sum of Rs.15 Lacs in
the name of the child-Simar Singh, which has been
duly acknowledged by the respondent.
6. In terms of Settlement Agreement, M.C. No.248 of
2013 pending before Principal Judge, Family Court,
Bangalore is disposed of and the proceedings in CC
No.13518 of 2014 pending before Chief Metropolitan
Magistrate, Bangalore are quashed. The appeal is
7. We record our sincere appreciation for the
arduous efforts taken by Ms. Shalini Shishodia,
learned Mediator, to assist the parties to arrive at
an amicable settlement of all their disputes, which
were pending for the last seven years. We also
record our appreciation for the efforts taken by the
learned counsel for the parties for assisting the
parties to take their life forward.
8. Pending applications, if any, shall stand
9. There shall be no orders as to costs.
[KURIAN JOSEPH] …………………..J.
NOVEMBER 28, 2018.