Disposed

Shilpa v. Abhinav

Supreme Court21 Nov 20082008 INSC 1333 · [2008] 16 S.C.R. 5022008 INSC 1333

Case brief

AI extract

What is this about?

The Supreme Court disposed of a transfer petition regarding a mediated matrimonial settlement between Shilpa and Abhinav. The settlement was mediated by the Supreme Court Lok Adalat, and the Court noted that the respondent had deposited the settlement sum via demand draft in the registry.

What did the court decide?

The demand draft was directed to be handed over to the petitioner's counsel. Upon receipt, the petition was disposed of.

What the court decided

Shilpa versus Abhinav — Matrimonial and Divorce | Supreme Court (2008)

[2008] 16 S.C.R. 502

y ".

SHILPA . ., JI. J • • i ~ • • . ABHINAV ' . . . . . (Transfer Petition (C), N~.79 of 2008) NOVEMBER 21, 2008 [DR: ·,ARIJIT'PASAYAT ·AND .DR~ MUKUNDAKAM•" SHARMA, JJ;]

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Hindu Law:

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Matrimonial dispute:

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Transfer Petitions - Matrimonial disputes - Consideration of, by Supreme Court Lok Ada/at - Settlement 0^{of dispute-}^{Incompliance with certain directions, a sumof} rupees forty lakhs by way of demand draft has been deposited by the respondent in the Registry of Supreme Court - Held: Compromise in term of direction/order of Lok Ada/at recorded - Demand Draft to be handed over to counsel for the respondent who shall file a receipt from the respondent.

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Transfer Petition filed by petitioner-wife was considered by the Supreme Court Lok Adalat and the matrimonial disputes between the petitioner and her husband were settled in terms of direction/order of the F Lok Adalat. In compliance with the direction, the respondent had deposited a sum of rupees forty lakhs by way of demand draft.

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Disposing of the petition, the Court

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G HELD: Respondent has deposited a sum of rupees 40,00,000/- by way of demand draft in the registry of this Court in terms of order dated 4.11.2008. The compromise is recorded in terms of what has been stated in the order dated 6.9.2008 by the Lok Adalat. The demand draft be H 502

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SHILPA v. ABHINAV

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503

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~-1	handedoverbytheregistryto the counselforthe respondent who shall file a receipt from the respondent ofhaving received the draft. [Para2](504-C-D] CIVILORIGINALJURISDICTION:TransferPetition(Civil) No.79of2008.	A B
	DevashishBharukaforthePetitioner..
	P.N.Puri,~.K.GuptaandReetaDewanPurifor the Respondents.
	TheJudgment oftheCourtwasdeliveredby	c
~	DR. ARIJIT PASAYAT,J.1.Thistransferpetitionwas takenupattheSupremeCourtLokAdalaton6thSeptember, 2oos:Afterhearingthepartiesthefollowingorderwaspassed: .. "Thewife,herfather,herhusbandandhisfatherhave appearedinpersonandpresented a joint. petition of settlement dulysignedbyallofthem.Theyhavebeen representedthroughtheircounsel.Thepartieshaveagreed tosettletheirdisputeonthefollowingtermsasenumerated inthepetition:	D E
	(a) Allcriminal cases/complaints/FIRs/DDRs,filedby eitherpartywouldbequashed.
...y	(b) Marriagebetweenthepartieswouldbedissolved bymutualconsentdivorce.	F
	(c) Abhinav,hisparents,hisbrotherandBhabiandhis twoMamaswouldcollectively appear beforean AggarwalSabhaandacknowledgetheir wrongs committedonShilpa. (d) Incaseanyof theseabovesevenpersonsfailsto appear beforetheSabha,Shilpacanreviveher complaints.	G

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[2008] 16 S.C.R.

SUPREME COURT REPORTS

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504

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A · (e) -The husband and father in taw Shri Ashok Gupta- · < : :. ·· - Willj:)ayRsA0,00,000/- (RL!pees Forty Lakhs) within . . ·two mo~hths by Demand Draft drawn at Bhiwani i.n , . nc:tme of ShilJ?C!. '! •. :.•· I:, •· ,·'. ' '•

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(g) The husband, Shri Ashok Gupta aha ·other five persons will appear before Aggarwal Sabha, Prashant Vihar, Delhi, within· one' month from today

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-and apo~ogize in writing to the girl a.nd her family members. No further litigation of any nature will be started by parties on this account." ··

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It is accepted that a sum of Rs.40,00,000/- by way of demand .draft has been deposited in. the registry of-this Court in: terms· of order dated 4. ~ 1.2008; The compromise is recorded in .. terms of what has been stated in the order dated 6:9.2008 . . ·. D The demand draft be handed over by the registry to the learned counsel· f6r the· petitio'ner who shall file a receipt from the petitioner of. having received the draft. Ttie same· shall be done within two weeks frorri todai . . . . i :- ; • ... "' . ~ " • ·1

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3, The transfer 'petition is accordingly.disp_osed of ..

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Petition disposed of.

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S.K.S .

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.• . r •. r · .. ~ . ~ .• . . .

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Shilpa v. Abhinav

Case brief

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What the court decided

Shilpa v. Abhinav

Case brief

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