PRIYANKA CHAWLA Vs. AMIT CHAWLA

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

Appeal (Civil), 101-102 of 2016, Judgment Date: Jan 08, 2016

                                                              NON-REPORTABLE

                          IN SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                      CIVIL APPEAL NOS.101-102 OF 2016
              (Arising out of SLP(C) Nos. 34943-34944 of 2015)


PRIYANKA CHAWLA                                                    APPELLANT

                                VERSUS

AMIT CHAWLA                                                       RESPONDENT



                               J U D G M E N T

KURIAN,J.


            Leave granted.
1.          The appellant and respondent were duly married  on  26th  April,
2007. Unfortunately, after a couple of years, differences   started  between
them which culminated in a decree of divorce granted by  the  Family  Court,
Ghaziabad on 20th September, 2014 in case  No.765/2011,  on  the  ground  of
cruelty.

2.          The matter was  pursued  before  the  High  Court  of  Ahallabad
leading  to  the  impugned  judgment   dated  09.09.2015.  The  High   Court
confirmed the decree of divorce. However, regarding the  permanent  alimony,
despite the compromise said to have been entered between the parties  for  a
total amount of  Rs.36.50  lacs,  the  High  Court  reduced  the  amount  to
Rs.29.50 lacs.


3.          It is not in dispute that an amount of Rs.21  lacs  had  already
been paid by the respondent before the High Court.

4.          Learned Counsel appearing  for  the  respondent-husband  submits
that pursuant to the order passed by the High Court,  a  further  amount  of
Rs.5 lacs has also been deposited with the Family Court, Ghaziabad.

5.          When the matter came up before this Court on 04.01.2016,  having
regard to the submissions made by  the  counsel  for  both  sides  that  the
parties would like to have a peaceful settlement  of  the  entire  disputes,
they were directed to appear before this Court in-person.  Accordingly,  the
appellant- Ms. Priyanka Chawla accompanied by  her  father–Mr.  Girish  Arya
and respondent – Mr. Amit Chawla are present before the Court.

6.          It is agreed that in addition to the amount of Rs.21 lacs   paid
by the respondent/husband, a further  amount  of  Rs.5  lacs  will  be  paid
within a period of six months.
7.          It is also  agreed  between  the  parties  that  the  decree  of
divorce granted by the Family Court, Ghaziabad on 20.09.2014  be  set  aside
and the parties be granted divorce by mutual consent  on  a  joint  petition
that is filed by the parties before this Court.


8.          It is also agreed that all other civil and criminal  litigations
between the parties, as of now, pending in various courts, be  also  put  an
end to.

9.          Accordingly, these appeals are allowed in the following terms:-
1.    FIR No.2396 of 2009 P.S. Indirapuram dated  04.10.2009  under  Section
498A IPC, FIR No.701/2010 lodged by Ms. Vinod Kumari Chawla  under  Sections
147, 323, 452, 509, 506, 427, 379  IPC  P.S.  Indirapuram,  Ghaziabad  dated
01.04.2010 and Complaint Case No.4953 of 2010 lodged by Girish Chandra  Arya
under Section 156(3) Cr.P.C. dated 18.06.2010 under Section  879  IPC  shall
stand quashed.
2.    Domestic Violence Case No.96 of 2010 under section  12  of  Protection
of Women From Domestic  Violence  Act,2005  pending  before  the  2nd  ACJM,
Ghaziabad and Maintenance Case No.1 of 2012 pending  before  1st  Additional
Civil Judge, S.D., Ghaziabad shall stand quashed.
3. The proceedings initiated by the appellant under Section 125 Cr.P.C.   in
Maintenance Case No.625/2011 pending before the ACJ,  Ghaziabad  shall  also
stand quashed.
4. Having regard to the fact that a decree  for  divorce  had  already  been
granted as early as on 20.09.2014, in  the  interests  of  justice  and  for
doing complete justice,  the cooling period is waived and  the  parties  are
granted a decree of divorce by mutual consent.
5.    The appellant is permitted to withdraw the demand draft of  Rs.5  lacs
deposited by the respondent before the Family Court, Ghaziabad.


6.    The respondent will pay the remaining amount of Rs.5 lacs  by  way  of
demand draft, drawn in the name  of  Ms.  Priyanka-appellant  on  or  before
30.06.2016.

      10.        We appreciate the  sincere  efforts  made  by  the  learned
counsel for the parties for an amicable settlement between the  parties  and
also the cooperation rendered by the parties.
      11.        No costs.



                                                      ....................J.
                                                             (KURIAN JOSEPH)



                                                      ....................J.
                                                    (ROHINTON FALI NARIMAN)


NEW DELHI;
8TH JANUARY, 2016