Shreyans Dhadda vs Shweta Dhadda

Challenging the order dated 29.09.2018 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur directing the petitioner-husband to pay maintenance of Rs.21,000/- (Rupees twenty one thousand), the petitioner-husband has filed this special leave petition.

The marriage between the petitioner-husband and the respondent-wife was solemnized on 23.06.2003 and they were blessed with two male children.

During the course of hearing in the Supreme Court, the parties have been referred to the Supreme Court Mediation Centre where the parties have amicably settled the matter. The parties have also entered into the terms of Settlement through Mediation. Regarding the visitation rights and others, the parties have subsequently agreed for certain modification in the terms of Agreement arrived at between the parties in the Mediation. Accordingly, the parties have filed the Settlement Agreement.

Both the petitioner-husband and the respondent-wife are present in the Court and they are also represented by their respective counsels. They have stated that they have voluntarily and willingly amicably settled the matter. In terms of the settlement, the petitioner-husband has paid a sum of Rs.25,00,000/- (Rupees twenty five lakhs) to the respondent by way of Demand Draft No. 019206 dated 26.11.2019 drawn in favour of respondent- Shweta Dhadda which is in full and final settlement of the amount payable to the respondent.

The parties have amicably settled the matter and they have also filed a petition under Article 142 of the Constitution of India read with Section 13-B of the Hindu Marriage Act, 1955 to pass the dissolution of marriage by mutual consent. Since the parties have amicably settled the matter without relegating the parties to the regular Court, in exercise of our power under Article 142 of the Constitution of India, the marriage between the petitioner and the respondent solemnized on 23.06.2003 is dissolved.

Consequently, in exercise of the power vested in the Supreme Court under Article 142 of the Constitution of India, we direct that the following cases be disposed of as under:

(i) Case No. 147 of 2016 under Section 125 Cr.P.C. titled Shweta Dhadda Vs. Shreeyans Dhadda pending before the Family Court No. 1, Jaipur, Rajasthan is ordered to be closed.

(ii) Divorce Case No. 1717 of 2016 titled Shweta Dhadda Vs. Shreeyans Dhadda under Section 13 of the Hindu Marriage Act, pending before the Family Court No. 1, Jaipur, Rajasthan shall stand disposed of.

(iii) Case No.4 of 2016 titled Shweta Dhadda Vs. Shreeyans Dhadda Under Section 12 of the Domestic Violence Act pending before Sessions Court, Jaipur, Rajasthan is ordered to be closed.

(iv) FIR No. 53 dated 30.09.2016 filed by Shweta Dhadda under Section 498A, 406 IPC at P.S. Adarshnagar, Jaipur City(East), Jaipur, Rajasthan is quashed.

(v) FIR No. 80 dated 22.02.2019 filed by Shreeyans Dhadda at P.S. Adarshnagar,Jaipur City (East), Jaipur, Rajasthan is quashed.

(vi) Case titled Shreeyan Dhadda Vs.Shweta Dhadda filed under Section 9 of H.M.Act pending before Family Court No. 1, Jaipur, Rajasthan shall stand disposed of.

The parties are directed to bring it to the notice of the concerned Courts about this order and the the concerned Courts shall pass the appropriate consequential orders to dispose of the cases as settled.

In view of the settlement arrived at between the parties, the marriage between the petitioner and the respondent solemnized on 23.06.2003 is dissolved by mutual consent.

The special leave petition is disposed of in above terms.

The Registry is directed to draft a decree of dissolution of the marriage in terms of the above order and the Settlement Agreement filed by the parties shall form part of this order.