APARNA GOYALversusRAKESH GOYAL

                        [2009] 1 S.C.R. 662


A                        APARNA GOYAL
                                 v.
                         RAKESH GOYAL
               (Transfer Petition (C) No. 91 of 2008)
                        JANUARY 27, 2009
8
     [DR. ARIJIT PASAYAT, DR. MUKUNDAKAM SHARMA
                   AND H.L. DA TTU, JJ.]

        Matrimonial dispute - In Lok Ada/at, with the help of
c mediators settlement arrived at - SLP and Transfer Petition
    disposed of the following terms:

         (1)   A sum of Rs. 10 lacs which has been deposited
               with the Registry of this Court be handed over to
               Smt. Aparna Goyal, the wife.
D
         (2)   In view of the agreement, proceedings in Case
               No.25912003 pending before learned Metropolitan
               Magistrate, New Delhi, Patiala House Court and
               Case No.10111112003 filed under Section 125 of
E              the Code of Criminal Procedure, 19 73 (in short the
               'Code') (the aforesaid two cases were filed by
               Smt. Aparna Goyal, the wife) and HMA No.371
               2006 filed by the husband seeking divorce
               pending before District Judge, Muktsar, Punjab
F              stands disposed of

         (3)   In HMA No.3712006 the divorce by mutual
               consent be passed in terms of Section 138(1) and
               138(2) of the Hindu Marriage Act, 1956 by
               dissolving the marriage between the husband
G
               Rakesh and Aparna Goyal, the wife in terms of this
               order.

      CIVIL ORIGINAL JURISDICTION : Transfer Petition (C) No.

H
  91 of 2008.
                           662
                                                                     ...
                         APARNA GOYAL v. RAKESH GOYAL                     663


                                           WITH                                  A

              T.P. (Crl.) Nos. 183-184 of 2008 and S.L.P. (Crl) Nos. 6900-
              6902 of 2007.

                  K.B. Rohtagi, Aparna Rohtagi Jain, Mahesh Kasana and
                                                                                 B
              Sandhya Goswami for the Petitioner.

                  A. Sharan, A.S.G., M.K. Monga, P.O. Tiwari, P.
              Narasimhan, S. Balaji, Gaurav Agrawal, S. Kaushik, Anil Katiyar
              and D.S. Mahra for the Respondent.
                                                                                 c
                   The Judgment of the Court was delivered by

                  DR. ARIJIT PASAYAT, J. 1. Special Leave Petitions
              Nos.6900-6902 of 2007, TP (Crl.) Nos. 183-184 of 2008 and
 ,.,
              TP (Civil) No.91 of 2008 are taken up together.
       ~.,
                                                                                 D
                   2. Parties to the dispute i.e. Smt. Aparna Goyal-petitioner
              (hereinafter referred to as the 'wife') and Rakesh Goyal
              (hereinafter referred to as the husband) had appeared at the
              Supreme Court Lok Adalat held on 6.12.2008. With the
              intervention of the mediators the parties agreed to settle their   E
              disputes. It was agreed that the parties (husband and wife) want
              divorce by mutual consent and also agreed not to proceed in
~·            the pending criminal and civil disputes. A sum of Rs.10,00,000/
        ...   - has been agreed to be paid by the husband to the wife in full
              and final settlement of her claims relating to the marriage. A
                                                                                 F
              sum of Rs.10 lacs by way of draft drawn in the favour of
              Registrar-General of this Court has been presented. The
              Special Leave Petitions and Transfer Petition are disposed of
              on the following terms:

                  (1) A sum of Rs.10 lacs which has been deposited with          G
       __.,       the Registry of this Court be handed over to Smt. Aparna
                  Goyal, the wife.

                  (2) In view of the agreement, proceedings in Case No.259/
                  2003 pending before learned Metropolitan Magistrate,           H
 '
    664           SUPREME COURT REPORTS             [2009] 1 S.C.R.


A          New Delhi, Patiala House Court and Case No.1011/1/2003
           filed under Section 125 of the Code of Criminal Procedure,
           1973 (in short the ·Code') (the aforesaid two cases were
           filed by Smt. Aparna Goyal, the wife) and HMA No.37/2006
           filed by the husband seeking divorce pending before
s          District Judge, Muktsar, Punjab stands disposed of.

      3. In HMA No.37/2006 the divorce by mutual consent be
  passed in terms of Section 138(1) and 138(2) of the Hindu
  Marriage Act, 1956 by dissolving the marriage between the
  husband Rakesh and Aparna Goyal, the wife in terms of this
C order.

           4. The petitions are accordingly disposed of.

    G.N.                                      Petitions disposed of.




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