Saira @ Ruhi versus Athar Abbas — Maintenance and Alimony | Supreme Court (2008)

Saira @ Ruhi versus Athar Abbas — Maintenance and Alimony | Supreme Court (2008)

What the court decided

AI extract

Outcome

Transfer petition disposed of on the agreed settlement terms: parties to withdraw their respective complaints and suits (including the Section 125 Cr.P.C. petition No. 1232/02/2007 and restitution Suit 321/2007 before Civil Judge, Hapur), FIR No.404 of 2007 (P.S. Geeta Colony) to be quashed as desired by the parties, and parties to appear before the Delhi High Court Mediation Centre for counselling on 4.12.2008; orders to be sent to the respective courts.

Issue for consideration

Whether the transfer petition, though filed for transfer of a matrimonial case, could be disposed of in terms of the settlement arrived at between the parties before the Supreme Court Lok Adalat.

Ratio / Principle

The Court recorded the settlement terms agreed between the parties, including mutual withdrawal of their respective complaints and suits, the parties' desire for quashing of FIR No.404 of 2007, and counselling by the Delhi High Court Mediation Centre.

Key takeaways

Orders were directed to be sent to the respective courts, and the parties were directed to appear before the Delhi High Court Mediation Centre for counselling on 4.12.2008.ratio¶39
In view of the settlement agreement, the transfer petition was disposed of on the terms recorded, and the proceedings noted therein stood closed.ratio¶41

Detailed headnote1 paragraphs

Supreme Court of India — Transfer Petition (C) No. 25 of 2008 — Saira @ Ruhi v. Athar Abbas (matrimonial dispute) — Decided October 16, 2008 — Coram: Dr. Arijit Pasayat and Dr. Mukundakam Sharma, JJ.; Judgment delivered by Dr. Arijit Pasayat, J. — Though the petition was filed for transfer of a matrimonial case, it was taken up at the Supreme Court Lok Adalat held on 5th September, 2008, where, with the assistance of mediators, the parties settled on seven terms: (i) mutual withdrawal of their respective complaints and suits; (ii) they had been living together since 1.7.2008; (iii) counselling by the Delhi High Court Mediation Centre; (iv) quashing of FIR No.404 of 2007, P.S. Geeta Colony, pending before Ms. Neerja Bhatia, M.M., Karkardooma Courts, Delhi, as desired by the parties; (v) petitioner to withdraw her Section 125 Cr.P.C. petition pending before the same Magistrate; (vi) respondent to withdraw Suit No.321 of 2007 pending before Civil Judge, Jr. Division, Hapur, U.P.; (vii) Petition under Section 125 Cr.P.C. No. 1232/02/2007 and restitution Suit 321/2007 (Civil Judge, Hapur, U.P.) stand withdrawn. Orders were directed to be sent to the respective courts and the parties directed to appear before the Delhi High Court Mediation Centre for counselling on 4.12.2008. Transfer petition disposed of on agreed terms; proceedings closed. Citation: (2008) 14 SCR 520.

(2008] 14 S.C.R. 520

A

SAIRA@RUHI

II.

r

ATHAR ABBAS

(Transfer Petition (C) No. 25 of 2008)

OCTOBER 16, 2008

B

[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM

SHARMA, JJ.]

Settlement - Transfer Petition - Matrimonial case - Heard c^{by Supreme Court Lok Ada/at-}^{Parties agreeing tosettle the} dispute on certain terms - Parties agreeing to· withdraw the respective civil/criminal cases filed by them and to appear before Mediation Centre for counseling - Thus TP disposed of CIVIL ORIGINAL JURISDICTION: Transfer Petition (C) No. D 25 of 2008

t--

Rukshana Choudhary and Indira Unninayer for the Appel-

lant.

The Judgment of the Court was delivered by

E

":.: .... ·

DR. ARIJIT PASAYAT, J. 1. Though the present transfer petition has been filed for transfer of a case, the matter was directed to be listed at the Supreme Court Lok Adalat wt\lth was held on 5th September, 2008. With the assistance m tlie F Mediators, the parties were heard and following terms for settling the disputes were arrived at:

Parties have agreed to withdraw their respective complaints and suits.

G

H

Parties have been living together since 1. 7 .2008.

Parties agree that they need counselling to avoid violence which will be provided by Delhi High Court Mediation Centre. They agree to appear before the

520

,-

521

SAIRA@ RUHi v. A THAR ABBAS [DR. ARIJIT PA$AYAT, J.]

~--i

Delhi High Court Mediation Centre on a date fixed by this Hon'ble Court.

In order that parties have more confidence in each other, the parties desire that FIR No.404 of 2007, P.S. Geeta Colony, pending in the Court of Ms. Neerja Bhatia, M.M. Karkardooma Courts, Delhi, may be quashed.

Petitioner withdraw her petition u/s 125 Cr.P.C. pending before Ms. Neerja Bhatia, M.M. Karkardooma Courts.

A

8

c

Respondent withdraw his Suit No.321 of 2007 pending before Civil Judge, Jr. Division, Hapur, U.P.

Petition under Section 125 Cr.P.C. 1232/02/2007 and Civil Suit for restitution being Suit 321/2007 D pending before Civil Judge, Hapur, U.P. stand withdrawn.

Orders be sent to the respective courts. Parties are directed to appear before ttie Delhi High Court Mediation Centre for counselling on 4.12.2008.

E

In view of the aforesaid agreement, the petition is disposed of on the terms as set out above. The proceedings as noted above stan~ closed.

K.K.T.

Transfer Petition disposed of. F

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