G N SUBRAMANYA UPADHYAYA Vs. SOUMYA M. HEGDE

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

Appeal (Civil), 4385 of 2017, Judgment Date: Mar 22, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL/CRIMINAL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 4385 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 35153 OF 2016 ]


G N SUBRAMANYA UPADHYAYA                                       Appellant(s)

                                   VERSUS

SOUMYA M. HEGDE                                               Respondent(s)


                                    WITH

                      CRIMINAL APPEAL NO. 1626 OF 2015

                                    WITH

                      CRIMINAL APPEAL NO. 1624 OF 2015


                               J U D G M E N T

KURIAN, J.
Crl. Appeal No. 1626 OF 2015 and
Crl. Appeal No. 1624 OF 2015

1.    The learned counsel for the appellant, on instruction, seeks leave  to
withdraw  these  appeals.  Permission   is   granted.   The   appeals   are,
accordingly, dismissed as withdrawn.

Civil Appeal No. 4385 of 2017 [@ SLP (C) No. 35153 of 2016]

1.    Leave granted.
2.    The appellant is before this Court, aggrieved by the order  passed  by
the High Court, whereby the decree of divorce granted by  the  Family  Court
at the instance of the respondent-wife has been affirmed by the High  Court.
 It is seen that the High  Court  has  taken  note  of  the  fact  that  the
marriage between the parties has irretrievably  broken  down.   However,  it
may be noted that merely because of the  irretrievable  break  down  of  the
marriage, divorce cannot be granted.

3.    Be that as it may, we  also  find  that  there  are  certain  findings
regarding the alleged cruelty.

4.    The parties are present before this  Court  today.   We  are  informed
that both of them have been living separately for the last more  than  seven
years.  They have no children.  They have lived together  barely  for  three
months.  The parties also had the  assistance  of  Smt.Sunita  Rao,  learned
counsel.  The appellant-husband is a Cardiologist  and  the  respondent-wife
is an Ayurvedic Doctor.  Both the appellant and the respondent  submit  that
they have decided to purchase peace and part as  friends  and  hence,  their
marriage may be dissolved by a decree of divorce by mutual consent.


5.    Having  regard  to  the  background  of  the  litigation  between  the
parties, having regard to the long  separation  and  having  regard  to  the
submission that both of them have taken a mature and sober decision  out  of
their own free will to part, we are of the view  that  this  is  a  case  to
invoke our jurisdiction under Article 142 of the Constitution of India.

6.    The parties have also filed an application in that  regard,  which  is
signed by both the parties in Court today.  The same is taken on record.

7.    Therefore, the appeal is disposed of as follows :-
i)    The Judgment of the Family Court, as affirmed by the  High  Court,  is
set aside.
ii)   The marriage between the appellant and the respondent is dissolved  by
way of a decree of divorce by mutual consent.
iii)   The appellant shall pay  an  amount  of  Rs.5,00,000/-  (Rupees  Five
Lakhs) towards full and final settlement of the entire  monetary  claims  of
the respondent, including arrears of maintenance  and  alimony,  within  six
months from today.
iv)  The parties agree that they shall not initiate any  litigation  against
each other, either civil or criminal, without leave of this Court.
v)    The parties shall exchange whatever jewelery they have of each  other.
 To the best of memory  of  the  appellant,  he  has  one  necklace  of  the
respondent, which is kept in his house  in  Karnataka  and  as  far  as  the
respondent  is  concerned,  to  the  best  of  her  memory,  there  is  only
'Mangalsutra' given by husband.  Be that as it  may,  in  case  the  parties
find that there are any more items of jewelery or other  valuables  of  each
other, they will return the same to the other side  within  two  weeks  from
today.
      With the above observations and directions,  the  appeal  is  disposed
of.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      March 22, 2017.