ADITI WADHERA Vs. VIVEK KUMAR WADHERA

Supreme Court of India (Division Bench (DB)- Two Judge)

INTERLOCUTORY APPLICATION, 3 & 4 of 2016, Judgment Date: Aug 04, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                         CIVIL ORIGINAL JURISDICTION

                INTERLOCUTORY APPLICATION NOS. 3 & 4 OF 2016

                                     IN

                    TRANSFER PETITION (C) NO.569 OF 2014

      ADITI WADHERA                             PETITIONER

                                VERSUS

      VIVEK KUMAR WADHERA                       RESPONDENT


                            J U D G M E N T

      KURIAN,J.

1.    By way of transfer Petition (C) No. 569 of 2014,  the  petitioner-wife
had approached this Court for transfer  of   Suit  No.  HMA  32/2013  titled
`Vivek Kumar Varinder Wadhera Vs. Aditi Vivek  Kumar  Wadhera'  filed  under
Section 13B of the Hindu  Marriage  Act,  1955,  from  District  &  Sessions
Court, Panchkula, Haryana to the Family Court, Pune, Maharashtra.

2.    During the pendency of the  proceedings  before  this  Court,  parties
were referred to mediation.  Thanks  to  the  cooperation  extended  by  the
parties and the learned counsel appearing for the parties, it is  heartening
to note that the parties have arrived  at  an  amicable  settlement  of  the
entire disputes.  The memorandum of  settlement  has  been  produced  before
this Court.

3.    It is submitted that the monetary part  of  the  settlement  has  been
complied with and what remains is only order on the pending  criminal  cases
and also the application for divorce on mutual consent.

4.    Since the parties have settled their disputes amicably, we are of  the
view that the interest of justice would be met, in case, the whole  disputes
are also finally settled.  Accordingly, RCC  No. 2498 of 2011 titled  `State
of Maharashtra Vs. Vivek Kumar Varinder Wadhera, Varinder Shorilal  Wadhera,
Vipon Varinder Wadhera & Vibha Karun Sekhri,  RCC  No.5144  of  2013  titled
'Aditi Vivek Wadhera Vs. Vivek Kumar Wadhera & Ramesh  Grover  and  Criminal
Miscellaneous Application No.1068 of 2011 titled `Aditi  Vivek  Wadhera  Vs.
Vivek Kumar Varinder Wadhera,  Varinder  Shorilal  Wadhera,  Vipon  Varinder
Wadhera & Vibha Karun Sekhri, pending on the file of First  Class,  Judicial
Magistrate, Pune  would stand quashed.

5.    The following cases will also stand disposed of:
(i) Criminal Revision No.134 of 2015 titled  `Varinder  Shorilal  Wadhera  &
Vipon Varinder Wadhera Vs. State  of  Mahrashtra  pending  on  the  file  of
Sessions Judge,  Pune.

(ii)  Criminal Revision No. 73 of 2015 titled `Vivek  Varinder  Wadhera  Vs.
State of Mahrashtra, pending before the Sessions Judge, Pune.

(iii) Criminal Revision No.51 of 2015 titled  `Vibha  Sekhri  Vs.  State  of
Mahrashtra, pending before the Sessions Judge, Pune.

(iv)   Criminal  Appeal  No.21  of  2012  titled  `Vivek  Varinder  Wadhera,
Varinder Shorilal Wadhera, Vipon Varinder Wadhera & Vibha Karun  Sekhri  Vs.
Aditi Vivek Wadhera & Anr., pending before the Sessions Judge, Pune.

6.          Aditi  Vivek  Kumar  Wadhera,  wife  and  Vivek  Kumar  Varinder
Wadhera-husband are present before the Court.  It  is  submitted  that  they
have lived as husband and wife only for a few days in the year  2010.   Both
parties have exercised their free will and have taken a  conscious  decision
to part and put an end to all other litigation  as  well.   They  have  also
filed a joint petition for dissolution of marriage by mutual  consent  under
Section 13B of the Hindu Marriage Act before the District Court.

7.    Having regard to the background of  the  several  litigations  between
the parties over a period of five years,   background of the parties  living
separately for more than five years, submission of Mr. Vivek Kumar  Varinder
Wadhera  that he has to go back to his work place in U.S.A  and also  having
regard to the submission of Aditi Vivek Kumar Wadhera that she  has  now  to
think of her future, we are of the view that it is a fit case to invoke  our
jurisdiction under Article 142 of the Constitution  of  India  and  grant  a
decree of divorce by mutual consent  by  waiving  the  statutory  period  of
waiting.

8.    Therefore, the marriage between Aditi Vivek Kumar  Wadhera  and  Vivek
Kumar Wadhera stands  dissolved  by  decree  of  mutual  consent.   HMA  No.
32/2013 on the file of  District & Sessions Court, Panchkula, Haryana  shall
stand disposed of accordingly.
9.          The terms of settlement dated 13.6.2015 will form  part  of  the
decree.
10.         We make it clear that there shall not be any  restraint  on  the
travel of both the parties and their family members on account  of  criminal
cases referred to above, since we have quashed the same.
11.         I.A. Nos.3 & 4 of  2016  stand  disposed  of  in  the  aforesaid
terms.

                                                       ...................J.
                                                      [KURIAN JOSEPH]


                                                      ....................J.
                                                  [ROHINTON FALI NARIMAN]
 NEW DELHI;
 AUGUST 04, 2016