Supreme Court of India

SHILPAversusABHINAV

Citation: 2008 INSC 1333
Decided: 21 November 2008
Disposal: Disposed off
Bench: ARIJIT PASAYAT

Holding

The compromise recorded in the Lok Adalat is binding, and the demand draft shall be handed over to the respondent's counsel, leading to the disposal of the transfer petition.

Summary

The Supreme Court considered Transfer Petition (C) No. 79 of 2008 filed by Shilpa seeking relief in a matrimonial dispute with her husband Abhinav. The matter was referred to the Supreme Court Lok Adalat, where the parties, together with their families, executed a joint settlement covering the quashing of criminal complaints, mutual consent divorce, and a payment of Rs. 40,00,000 by the husband. In compliance with the Lok Adalat order dated 6 September 2008, the respondent deposited a demand draft for the stipulated amount in the Court registry. The Court recorded the compromise as per the Lok Adalat directions and ordered that the demand draft be handed over to the respondent's counsel upon receipt. Consequently, the transfer petition was disposed of, confirming the enforceability of the settlement.

Issues considered

Whether the compromise recorded in the Supreme Court Lok Adalat is binding and can be enforced through the transfer petition
Whether the demand draft deposited by the respondent should be released to his counsel as per the Lok Adalat order

Subjects

matrimonial disputeLok Adalatsettlementmutual consent divorcetransfer petitionSupreme Court

Judgment

[2008] 16 S.C.R. 502

A SHILPA
. ., JI.
J • • i~ • • . ABHINAV
. ..
' . .

(Transfer Petition (C), N~.79 of 2008)

NOVEMBER 21, 2008
B
[DR: ·,ARIJIT'PASAYAT ·AND .DR~ MUKUNDAKAM•"
SHARMA, JJ;]

Hindu Law:
c
Matrimonial dispute:

Transfer Petitions - Matrimonial disputes -
Consideration of, by Supreme Court Lok Ada/at - Settlement
of dispute - In compliance with certain directions, a sum of
0
rupees forty lakhs by way of demand draft has been deposited
by the respondent in the Registry of Supreme Court - Held:
Compromise in term of direction/order of Lok Ada/at recorded
- Demand Draft to be handed over to counsel for the
respondent who shall file a receipt from the respondent.
E
Transfer Petition filed by petitioner-wife was
considered by the Supreme Court Lok Adalat and the
matrimonial disputes between the petitioner and her
husband were settled in terms of direction/order of the
F Lok Adalat. In compliance with the direction, the
y ".
respondent had deposited a sum of rupees forty lakhs
by way of demand draft.

Disposing of the petition, the Court

G HELD: Respondent has deposited a sum of rupees
40,00,000/- by way of demand draft in the registry of this
Court in terms of order dated 4.11.2008. The compromise
is recorded in terms of what has been stated in the order
dated 6.9.2008 by the Lok Adalat. The demand draft be
H 502
SHILPA v. ABHINAV 503

~ -1 handed over by the registry to the counsel for the A
respondent who shall file a receipt from the respondent
of having received the draft. [Para 2] (504-C-D]

CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil)
No. 79 of 2008.
B
Devashish Bharuka for the Petitioner..

P.N. Puri, ~.K. Gupta and Reeta Dewan Puri for the
Respondents.
The Judgment of the Court was delivered by
c
DR. ARIJIT PASAYAT, J. 1. This transfer petition was
taken up at the Supreme Court Lok Adalat on 6th September,
2oos: After hearing the parties the following order was passed:
.. D
"The wife, her father, her husband and his father have
appeared in person and presented a joint. petition of
~
settlement duly signed by all of them. They have been
represented through their counsel. The parties have agreed
to settle their dispute on the following terms as enumerated
E
in the petition:
(a) All criminal cases/complaints/FIRs/DDRs, filed by
either party would be quashed.

... y (b) Marriage between the parties would be dissolved F
by mutual consent divorce.

(c) Abhinav, his parents, his brother and Bhabi and his
two Mamas would collectively appear before an
Aggarwal Sabha and acknowledge their wrongs
committed on Shilpa. G

(d) In case any of these above seven persons fails to
appear before the Sabha, Shilpa can revive her
complaints.
H
504 SUPREME COURT REPORTS [2008] 16 S.C.R. ..I
A · (e)-The husband and father in taw Shri Ashok Gupta-
- · < : :. ·· - Willj:)ayRsA0,00,000/- (RL!pees Forty Lakhs) within .
.·two mo~hths by Demand Draft drawn at Bhiwani i.n
, . nc:tme of ShilJ?C!.
' ! •. :.•· I:, •· ,·'. ' '•

(g) The husband, Shri Ashok Gupta aha ·other five
B persons will appear before Aggarwal Sabha,
Prashant Vihar, Delhi, within· month from today one'
-and apo~ogize in writing to the girl a.nd her family
members. No further litigation of any nature will be
started by parties on this account." ··
c
2. It is accepted that a sum of Rs.40,00,000/- way of by
demand .draft has been deposited in. the registry of-this Court
in: terms· of order dated 4. ~ 1.2008; The compromise is recorded
in . terms of what has been stated in the order dated 6:9.2008 .
.·. D The demand draft be handed over by the registry to the learned
counsel· f6r the· petitio'ner who shall file a receipt from the
petitioner of. having received the draft. Ttie same· shall be done
within two weeks frorri todai .
. . .i :- ; • ... "' . ~ " • ·1

3, The transfer 'petition is accordingly.disp_osed of..
E
S.K.S . Petition disposed of.

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