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NAINA SINGH v. AVINASH KUMAR SINGH

Supreme Court of India | Diary 10179/2021

Status

ROP - of Main Case

Decided On

06-04-2023

Bench

HON'BLE MR. JUSTICE K.M. JOSEPH and HON'BLE MRS. JUSTICE B.V. NAGARATHNA

Petitioner

NAINA SINGH

Respondent

AVINASH KUMAR SINGH

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Full Judgment Text

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2481 OF 2023 (ARISING FROM SLP (CIVIL) NO.18014 OF 2021) NAINA SINGH APPELLANT(S) VERSUS AVINASH KUMAR SINGH RESPONDENT(S) J U D G M E N T Leave granted. The appellant is the wife while the respondent is the husband. During the pendency of this appeal, the parties have arrived at a settlement crystallized as Settlement Agreement dated 17.05.2022, which is placed on record. We have perused the terms of the Settlement Agreement and are satisfied that the said terms are lawful. Learned counsel for the respective parties submitted that since the ex-parte divorce was already granted, the appellant would no longer assail the same as she has accepted the said dissolution of marriage. In the circumstances, we dispose of this appeal in terms of the Settlement Agreement. The Settlement Agreement dated 17.05.2022 shall be read as part and parcel of this judgment. The parties to abide by the terms of the Settlement Agreement.

2 Consequently, the dissolution of the marriage between the parties is affirmed by us. Pending application(s), if any, stand disposed of. …………………………………………J. [K. M. JOSEPH] …………………………………………J. [B. V. NAGARATHNA] New Delhi 6th April, 2023

3 ITEM NO.10 COURT NO.3 SECTION IV-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(S). 2481/2023 (ARISING FROM SLP (CIVIL) NO.18014/2021) NAINA SINGH APPELLANT(S) VERSUS AVINASH KUMAR SINGH RESPONDENT(S) (Mediation report in the matter has been received. IA No. 143014/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 143015/2021 - EXEMPTION FROM FILING O.T.) Date : 06-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Appellant(s) Mr. Shyam Kumar, Adv. Ms. Vertika Rakesh, Adv. For Respondent(s) Ms. Sangita Gupta, Adv. Mr. Manish Kumar Gupta, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is disposed of in terms of the signed Non- reportable Judgment. Pending application(s), if any, stand disposed of. (JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) ASSISTANT REGISTRAR (Original signed Non-reportable Judgment is placed on the file)

ITEM NO.3 COURT NO.8 SECTION IV-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No. 18014/2021 (Arising out of impugned final judgment and order dated 07-08-2020 in FA(MAT) No. 60/2019 passed by the High Court of Chhattisgarh at Bilaspur) NAINA SINGH Petitioner(s) VERSUS AVINASH KUMAR SINGH Respondent(s) (Mediation report in the matter has been received.) (With IA No. 143014/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 143015/2021 - EXEMPTION FROM FILING O.T.) Date : 15-07-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Shyam Kumar, Adv. Ms. Iqra Khan, Adv. Mr. Rahul Bhatia, AOR For Respondent(s) Mr. Manish Kumar Gupta, AOR Ms. Sangita Gupta, Adv. UPON hearing the counsel the Court made the following O R D E R List the matter after two weeks. (NIDHI AHUJA) (RENU KAPOOR) AR-cum-PS ASSISTANT REGISTRAR

ITEM NO.3 Court 10 (Video Conferencing) SECTION IV-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 18014/2021 (Arising out of impugned final judgment and order dated 07-08-2020 in FA(MAT) No. 60/2019 passed by the High Court of Chhatisgarh at Bilaspur) NAINA SINGH Petitioner(s) VERSUS AVINASH KUMAR SINGH Respondent(s) (FOR ADMISSION and I.R. and IA No.143014/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.143015/2021-EXEMPTION FROM FILING O.T. ) Date : 04-02-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Ms. Shyam Kumar Adv. Mr. Rahul Bhatia, AOR For Respondent(s) Mr. Manish Kumar Gupta, AOR Ms. Sangita Gupta, Adv. UPON hearing the counsel the Court made the following O R D E R When this matter came up Shri Manish Kumar Gupta, learned counsel appeared on caveat on behalf of the respondent. We notice that the respondent has been re-married on 26.08.2018. Shri Manish Kumar Gupta also points out that two children have been born (twins) out of the second marriage. However, we notice that there is a possibility of settlement of the matter between the parties and they are to be referred to the Mediation accordingly. ...2-

- 2 - The parties are referred for mediation before the Supreme Court Mediation Centre. The Registry will dispatch a copy of this order to the Convenor of the Mediation Centre. List immediately after receipt of the Mediation Report. (RAJNI MUKHI) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER

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