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TINA DUTTA @ TINA PAUL v. SIDDHARTHA PAUL

Supreme Court of India | Diary 10146/2014

Status

ROP - of Main Case

Decided On

03-08-2015

Bench

Petitioner

TINA DUTTA @ TINA PAUL

Respondent

SIDDHARTHA PAUL

Primary Holding

Under the Hindu Marriage Act, the Supreme Court, exercising jurisdiction over a transfer petition, may grant divorce by mutual consent upon parties reaching a settlement, recording agreed terms including full and final alimony, without following the procedural waiting period under Section 13-B.

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Full Judgment Text

ITEM NO.52 COURT NO.13 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 03/08/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. F.I. Choudhary,Adv.for Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Ms. Latika Chaudhary,Adv. Ms. Amita Singh Kalkal,Adv. Ms. Rashmi Chopra,Adv. UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is accordingly disposed of. (SUMAN WADHWA) AR-cum-PS (SUMAN JAIN) COURT MASTER Signed order is placed on the file.

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 535 OF 2014 Tina Dutta @ Tina Paul Petitioner (s) VERSUS Siddhartha Paul Respondent(s) O R D E R Pursuant to our orders dated 6.7.2015, which recorded the terms of settlement between the parties, both the parties have filed their affidavits. According to the terms of settlement, the learned counsel for the respondent has also handed over to the petitioner, who is present in Court today, demand drafts in the sum of Rs.90 lakhs, which payment is towards full and final settlement of all the claims of the petitioner. Because of the said settlement and as agreed between the parties, divorce by mutual consent is hereby granted. Decree be prepared accordingly. The Transfer Petition is kdisposed of. ….....................J. (A.K.SIKRI) …......................J. (ROHINTON FALI NARIMAN) New Delhi; Date: 3.8.2015.

\236 ITEM NO.52 COURT NO.13 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 03/08/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. F.I. Choudhary,Adv.for Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Ms. Latika Chaudhary,Adv. Ms. Amita Singh Kalkal,Adv. Ms. Rashmi Chopra,Adv. UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is accordingly disposed of. (SUMAN WADHWA) (SUMAN JAIN) AR-cum-PS COURT MASTER Signed order is placed on the file.Signature Not VerifiedDigitally signed bySuman WadhwaDate: 2015.08.0716:36:51 ISTReason: IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 535 OF 2014 Tina Dutta @ Tina Paul Petitioner (s) VERSUSSiddhartha Paul Respondent(s) O R D E R

Pursuant to our orders dated 6.7.2015, which recorded the terms of settlement between the parties, both the parties have filed their affidavits. According to the terms of settlement, the learned counsel for the respondent has also handed over to the petitioner, who is present in Court today, demand drafts in the sum of Rs.90 lakhs, which payment is towards full and final settlement of all the claims of the petitioner. Because of the said settlement and as agreed between the parties, divorce by mutual consent is hereby granted. Decree be prepared accordingly. The Transfer Petition is kdisposed of. ........................J. (A.K.SIKRI) .........................J. (ROHINTON FALI NARIMAN)New Delhi;Date: 3.8.2015.

b ITEM NO.56 COURT NO.12 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (With appln. (s) for stay and office report) Date : 06/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. F. I. Choudhury, Adv. Mr. Rameshwar Prasad Goyal, Adv. For Respondent(s) Ms. Amita Singh Kalkal, Adv. UPON hearing the counsel the Court made the following O R D E R The respondent-Husband is living in the United States and his father is present in the Court. Learned counsel for the petitioner-wife states that he has taken instructions from his client for arriving at an amicable settlement. After some discussions, it is agreed between the parties that respondent-Husband shall pay a total sum of Rs. 90 lakhs in the full and final settlement of all the claims of the petitioner-wife including maintenance, alimony, stridhan, etc. The parties are also agreeable for divorce by mutual consent. Let the petitioner appear in this Court on 03.08.2015 for effecting the aforesaid settlement. The respondent shall also file an affidavit to the effect that he agrees with the aforesaidSignature Not Verified terms.Digitally signed byMeenakshi KohliDate: 2015.07.0717:22:07 ISTReason: List the matter on 03.08.2015. (Nidhi Ahuja) (Tapan Kumar Chakraborty) COURT MASTER COURT MASTER

ITEM NO.48 COURT NO.12 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 03/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. Avnish Ahlawat, Adv. Ms. Latika Chaudhary, Adv. Ms. Amita Singh Kalkal,Adv. UPON hearing the counsel the Court made the following O R D E R Counsel for both the parties are ready to explore the possibility of settlement. Some proposal in this respect is mooted which they want to discuss with their respective clients. List on Monday, 6 th July, 2015. (Ashok Raj Singh) (Suman Jain) Court Master Court Master

ITEM NO.37 REGISTRAR COURT. 1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 08/05/2015 This petition was called on for hearing today. For Petitioner(s) Mr. F.I. Choudhury, Adv. Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Ms. Amita Singh Kalkal,Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the sole respondent has mentioned that counter affidavit on his behalf shall be filed during the course of the day. Registry to receive the same on record and thereafter to process the matter for listing before the Hon'ble Court. (RACHNA GUPTA) Registrar

ü ITEM NO.37 REGISTRAR COURT. 1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 08/05/2015 This petition was called on for hearing today. For Petitioner(s) Mr. F.I. Choudhury, Adv. Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Ms. Amita Singh Kalkal,Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the sole respondent has mentioned that counter affidavit on his behalf shall be filed during the course of the day. Registry to receive the same on record and thereafter to process the matter for listing before the Hon'ble Court. (RACHNA GUPTA) RegistrarSignature Not VerifiedDigitally signed byRupam DhamijaDate: 2015.05.1414:17:02 ISTReason:

ITEM NO.51 REGISTRAR COURT. 1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 18/03/2015 This petition was called on for hearing today. For Petitioner(s) Mr. F.I. Choudhury, Adv. Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Ms. Amita Singh Kalkal,Adv. UPON hearing the counsel the Court made the following O R D E R Pleadings are mentioned to have been received by the sole respondent. Counter affidavit be filed within four weeks' time, as last opportunity. List again on 8.5.2015. (RACHNA GUPTA) Registrar

ITEM NO.51 REGISTRAR COURT. 1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 18/03/2015 This petition was called on for hearing today. For Petitioner(s) Mr. F.I. Choudhury, Adv. Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Ms. Amita Singh Kalkal,Adv. UPON hearing the counsel the Court made the following O R D E R Pleadings are mentioned to have been received by the sole respondent. Counter affidavit be filed within four weeks' time, as last opportunity. List again on 8.5.2015. (RACHNA GUPTA) RegistrarSignature Not VerifiedDigitally signed byRupam DhamijaDate: 2015.03.2317:46:09 ISTReason:

ITEM NO.56 REGISTRAR COURT. 1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SURAJIT DEY Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 29/01/2015 This petition was called on for hearing today. For Petitioner(s) Mr F.I.Choudhury, Adv. Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Advocate-on-record, Ms Amita Singh Kalkal undertakes to file vakalatnama/memo of appearance on behalf of the sole respondent within one week. Counter affidavit, if any, be filed within four weeks. In the meantime, the Ld. Counsel for the petitioner to furnish complete set of pleadings to the Ld. Counsel for the sole respondent within one week. List again on 18.3.2015. (SURAJIT DEY) Registrar

\ ITEM NO.56 REGISTRAR COURT. 1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SURAJIT DEY Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 29/01/2015 This petition was called on for hearing today. For Petitioner(s) Mr F.I.Choudhury, Adv. Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Advocate-on-record, Ms Amita Singh Kalkal undertakes to file vakalatnama/memo of appearance on behalf of the sole respondent within one week. Counter affidavit, if any, be filed within four weeks. In the meantime, the Ld. Counsel for the petitioner to furnish complete set of pleadings to the Ld. Counsel for the sole respondent within one week.Signature Not VerifiedDigitally signed byHema JoshiDate: 2015.02.02 List again on 18.3.2015.16:46:12 ISTReason: (SURAJIT DEY) Registrar

À ITEM NO.49 REGISTRAR COURT. 1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR PANKAJ BHANDARI Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 13/11/2014 This petition was called on for hearing today. For Petitioner(s) Mr. F.I. Choudhury, Adv. Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The learned counsel for the petitioner submits that the matter is continuing before the Family Court and notice be permitted to be served on the counsel appearing in the Trial Court as the respondent is avoiding service. Permission is granted. Notice be served through the counsel appearing in the Family Court and be given dasti to the learned counsel for the petitioner for effecting service. List again on 29.1.2015.Signature Not Verified (PANKAJ BHANDARI)Digitally signed byRupam DhamijaDate: 2014.11.15 Registrar13:38:06 ISTReason:

ú ITEM NO.80 REGISTRAR COURT. 1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR PANKAJ BHANDARI Transfer Petition(s)(Civil) No(s). 535/2014 TINA DUTTA @ TINA PAUL Petitioner(s) VERSUS SIDDHARTHA PAUL Respondent(s) (with appln. (s) for stay and office report) Date : 11/08/2014 This petition was called on for hearing today. For Petitioner(s) Mr. F.I. Choudhury, Adv. Mr. Rameshwar Prasad Goyal ,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The learned counsel for the petitioner to take fresh steps for effecting service on the sole respondent. Notice be sent through the concerned Family Court. Petitioner to file the process fee, spare copies and address of the Family Court. Office to issue notice. List again on 13.11.2014. (PANKAJ BHANDARI) RegistrarSignature Not VerifiedDigitally signed byRupam DhamijaDate: 2014.08.1317:42:56 ISTReason:

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