ARUN BABAN SAWANT Vs. SUREKHA KERU PIMPARKAR @ SUREKHA A. SAWANT

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

Appeal (Civil), 5045-47 of 2016, Judgment Date: May 02, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                      CIVIL APPEAL NOs. 5045-47 OF 2016
           [ @ SPECIAL LEAVE PETITION (C) NOs. 7503-7505 OF 2016]

ARUN BABAN SAWANT                                               Appellant(s)

                                VERSUS

SUREKHA KERU PIMPARKAR @ SUREKHA A. SAWANT                     Respondent(s)



                               J U D G M E N T

KURIAN, J.
1.    Leave granted.

2.    Heard the learned counsel on both the sides as well as the  petitioner
and the respondent, who have appeared before this Court.

3.    Though it was reported by the Mediator of the Supreme Court  Mediation
Centre that the parties could not arrive at an  amicable  settlement,  since
the parties are present before us, we made an attempt and it  is  heartening
to note, thanks to the cooperation of the parties and  the  learned  counsel
appearing for both the sides, that an  amicable  settlement  has  been  made
possible.


4.    In view of the above, it is not  necessary  for  us  to  go  into  the
factual details of the case.

5.    The parties have been duly divorced.  The custody of  their  daughter-
Sanjana is with the respondent-mother.  What remains is only the  visitation
rights of the appellant-father and the permanent alimony for the  respondent
and future maintenance for the child.

6.  Having regard to the various suggestions, which have evolved  in  Court,
having regard to the background of the parties  and  having  regard  to  the
best interests of both the parties and their child, it is agreed, and  which
agreement we feel is just and reasonable as well, that the  appellant  shall
pay an amount of Rs. 30 Lakhs (Rupees  Thirty  Lakhs)  towards  alimony  and
maintenance to the respondent-mother and the daughter within a span  of  two
and a half years from today.  This amount shall be  paid  in  the  following
manner :-

i)    Rs. 10 Lakhs shall be paid within six months from today by  way  of  a
Demand Draft drawn in favour of the respondent - Surekha Keru Pimparkar.
ii)   A further payment of Rs.  10  Lakhs  will  be  made  within  one  year
thereafter, by way of a Demand Draft drawn in favour  of  the  respondent  -
Surekha Keru Pimparkar.

iii)  Within one year thereafter, the remaining Rs. 10 Lakhs  will  be  paid
by way of a Demand Draft drawn in favour of the daughter - Sanjana.

7.    It is made clear that if any default is committed by the appellant  in
paying the abovementioned amounts, he shall be liable for contempt  of  this
Court, apart from other consequences of interest etc.

8.     As  far  as  the  visitation  rights  of  the  appellant-father   are
concerned, the appellant-father shall be given visitation  rights  to  visit
his daughter-Sanjana in the presence of  a  student-councillor  attached  to
the school where she is presently studying, on two non-working Saturdays  in
a month from 10.00 AM to 01.00 PM.

9.    In that view of the matter, the  following  cases  which  are  pending
between the parties in various Courts shall stand dismissed :-


i) Family Court Appeal No. 23 of 2011 titled as  "Surekha  Arun  Sawant  Vs.
Arun Baban Sawant" pending before the High Court of judicature of Bombay  at
Mumbai.
ii)   Domestic  Violence  Case  No.  174/N/2008  titled  as  "Surekha   Keru
Pimparkar Vs. Arun  Baban  Sawant,  pending  before  the  49th  Metropolitan
Magistrate, Vikhroli, Mumbai.
iii)  Contempt Petition No. 189 of 2012 titled as "Surekha Arun  Sawant  Vs.
Arun Baban Sawant, pending before the High Court of judicature of Bombay  at
Mumbai.
iv)   Contempt Petition No. 692 of 2009 titled as  "Arun  Baban  Sawant  Vs.
Surekha Arun Sawant (renumbered as CMA No. 09 of 2010)  pending  before  the
Family Court, Thane.
v)  Execution Petition (RD No. 53 of 2010) titled as  "Surekha  Arun  Sawant
Vs. Arun Baban Sawant, pending before the Family Court at Thane.
vi)   MP No. 188 of 2015  (New  No.  F-173/2010)  titled  as  "Surekha  Arun
Sawant Vs. Arun Baban Sawant, pending before the Family Court, Thane.
      In view of the settlement  of  the  entire  disputes,  we  expect  the
family members not to pursue CC No. 673 of 2009 titled as  "Narhari  Bhimaji
Hinge Vs. Mrs. Surekha Arun Sawant & Ors." pending before JMFC, Thane.


10.   The Registry is directed to communicate a copy  of  this  Judgment  to
the above Courts forthwith.

11.    With  the  above  observations  and  directions,  these  appeals  are
disposed of.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      May 02, 2016.