Anu Bhandari v. Pradip Bhandari

Supreme Court of India · 05 Mar 2018
Kurian Joseph; Mohan M. Shantanagoudar
CIVIL APPEAL NO. 2494 OF 2018
family appeal_allowed Significant

AI Summary

The Supreme Court allowed appeals and quashed all pending civil and criminal litigations between estranged spouses following their amicable settlement and mutual consent divorce.

Full Text
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SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2494 OF 2018
(Arising out of S.L.P.(Civil) No. 15537 of 2016)
ANU BHANDARI ... APPELLANT (S)
VERSUS
PRADIP BHANDARI ... RESPONDENT (S)
WITH
CIVIL APPEAL NO. 2495 OF 2018 @ SLP (CIVIL) NO. 2343 OF
JUDGMENT
KURIAN, J.
:

1. Leave granted.

2. “ ” This is the rich encomium paid to the Court by Master Vibhu, the ten year old son of the appellant and respondent. The little one present in Court today is exuberantly happy and sought liberty to present a handmade card expressing his joy on the settlement of all the disputes and litigations between his mother and father. Their marriage was solemnized as per Hindu rites on 18.05.1997. They have two children - Bhuvi, the elder daughter born on 19.04.1998 and Vibhu, son born on 31.01.2008. On account of marital discord and temperamental differences, they have been living separately since March, 2011. They are involved in various litigations, civil as well as criminal. As of now, twenty three cases are pending before various courts – Trial Courts, High Court, this Court and one before the Consumer Forum.

3. There have been several efforts for settlement. Notable among them were the intervention of Hon’ble Mrs. Justice Lisa Gill, Judge of the High Court of Punjab and Haryana and Ms. Meenakshi Arora, learned Senior Counsel, appointed by this Court as Mediator. Having noticed that all the efforts hitherto have not been fully fruitful, we directed the parties to be present before this Court. The parties have cooperated with the tireless efforts taken by this Court. It is heartening to note that finally the parties have reached an amicable settlement. The terms of settlement have been stated in detail in Interlocutory Application No. 19210 of 2018, based on which the parties have sought for divorce by mutual consent. The Interlocutory Application No. 19210 of 2018 shall form part of this Judgment.

4. Since the parties have finally resolved their entire disputes, they have prayed for giving a quietus to the entire civil and criminal litigations. Having regard to the nature of the cases and having due regard to the settlement, we are of the view that it is in the interest of justice that the entire litigations between the parties are also put an end to, in terms of the settlement.

5. Accordingly, the following cases are quashed:-

┌───────────────────────────────────────────────────────────────────────────┐
│          Sl.             Case No.                 Court/Authority         │
│         No.                                                               │
├───────────────────────────────────────────────────────────────────────────┤
│          1.    Crl. Complaint No.162/14       Judicial Magistrate First   │
│                                               Class, Chandigarh           │
│          2.    Crl. Complaint No.1359/16      Judicial Magistrate First   │
│                                               Class, Chandigarh           │
│          3.    PHC 1430/14                    Judicial Magistrate First   │
│                                               Class, Chandigarh           │
│          4.    Untraceable Case 156/2016      Judicial Magistrate First   │
│                                               Class, Chandigarh           │
│          5.    Case    No.301/13       dated Judicial Magistrate First    │
│                14.6.13                       Class, Chandigarh            │
│          6.    Case No.464/13                 Judicial Magistrate First   │
│                                               Class, Chandigarh           │
│         7.     FIR No.0167 dated 25.8.2017 P.S. City Phagwara             │
│                P.S. City Phagwara                                         │
│ 6.   The following cases are dismissed:-                                  │
│
┌────────────────────────────────────────────────────────────────────────┐
│       Sl.No.              Case No.                 Court/Authority     │
├────────────────────────────────────────────────────────────────────────┤
│         1.     CRM No.M-1087 of 2017            High Court of Punjab   │
│                                                 and   Haryana     at   │
│                                                 Chandigarh             │
│         2.     CRM No.M-10620 of 2017        High Court of Punjab      │
│                                              and Haryana at            │
│                                              Chandigarh                │
│         3.     CRM No.M-14499 of 2017        High Court of Punjab      │
│                                              and Haryana at            │
│                                              Chandigarh                │
│         4.     CRM No.M-7865 of 2017         High Court of Punjab      │
│                                              and Haryana at            │
│                                              Chandigarh                │
│         5.     CRM No.M-7622 of 2017         High Court of Punjab      │
│                                              and Haryana at            │
│                                              Chandigarh                │
│         6.     CRM No.M-31885 of 2017        High Court of Punjab      │
│                                              and Haryana at            │
│                                              Chandigarh                │
│         7.     CRM No.M-22474 of 2014        High Court of Punjab      │
│                                              and Haryana at            │
│                                              Chandigarh                │
│              The Consumer Case No.580 of 2014 filed by Ms. Anu         │
│      Bhandari pending before the Chandigarh District Consumer          │
│      Disputes Redressal Forum-I, UT Chandigarh is dismissed.           │
└────────────────────────────────────────────────────────────────────────┘

15. We record our deep appreciation for the strenuous efforts taken by Hon’ble Mrs. Justice Lisa Gill, Judge of the High Court of Punjab and Haryana, Ms. Meenakshi Arora, learned Senior Counsel appointed as Mediator by this Court and for the cooperation extended by the learned Counsel on both sides and the parties themselves.

16. The Civil Appeals are accordingly disposed of.

17. There shall be no order as to costs ............................................. J. (KURIAN JOSEPH) ............................................. J. (MOHAN M. SHANTANAGOUDAR) NEW DELHI; MARCH 5, 2018.