Case Note & Summary
The case involved a transfer petition filed by Shilpa against Abhinav in the Supreme Court of India. The dispute was settled during a Lok Adalat session on September 6, 2008, where both parties, along with their family members, presented a joint petition for settlement. The terms included the quashing of all criminal cases filed by either party, a mutual consent divorce, and an acknowledgment of wrongs by Abhinav's family. Additionally, it was agreed that Abhinav and his family would pay Rs. 40,00,000/- to Shilpa within two months and apologize in writing to her and her family. The court noted that the amount had been deposited in the registry as per the order dated November 4, 2008. The court recorded the compromise and directed that the demand draft be handed over to Shilpa's counsel, who was to provide a receipt for the same. The transfer petition was disposed of in accordance with the settlement terms.
Headnote
A) Family Law - Mutual Consent Divorce - Terms of Settlement - Transfer Petition (Civil) No. 79 of 2008 - The parties agreed to dissolve their marriage by mutual consent and quash all criminal cases filed against each other. The court accepted the terms of the settlement and directed the payment of Rs. 40,00,000/- to the petitioner, along with an apology from the respondent's family. Held that the settlement was in the interest of both parties and was duly recorded (Paras 1-3).
Issue of Consideration
Whether the terms of the settlement agreed upon by the parties should be accepted and recorded by the court.
Final Decision
The Supreme Court accepted the settlement terms agreed upon by both parties, including the mutual consent divorce and the quashing of all criminal cases. The court directed the payment of Rs. 40,00,000/- to the petitioner and the issuance of an apology from the respondent's family.
Law Points
- Transfer of petitions
- mutual consent divorce
- quashing of criminal cases
- settlement agreements
