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SMT. PRACHI SINGH PATIL v. SRI RAHUL G. PATIL

Supreme Court of India | 2014 INSC 785 | Diary 10243/2013

Status

ROP - of Main Case

Decided On

17-11-2014

Bench

Petitioner

SMT. PRACHI SINGH PATIL

Respondent

SRI RAHUL G. PATIL

Citation

2014 INSC 785

Primary Holding

Under Article 142 of the Constitution, the Supreme Court can dissolve a Hindu marriage by treating pending matrimonial proceedings as filed under Section 13B of the Hindu Marriage Act, 1955, where parties have consensually settled and reconciliation efforts have failed over an extended period.

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Full Judgment Text

1 CORRECTED NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10561 OF 2014 (Arising out of SLP(C) No.13941 of 2013) Smt. Prachi Singh Patil .....Appellant Versus Sri Rahul G. Patil …..Respondent O R D E R Leave granted. During pendency of the appeal the parties to the litigation had made several serious efforts to settle their disputes and for that purpose they had several meetings but ultimately they had decided to get separated by virtue of consent terms arrived at between them on 26 th September, 2014. A copy of the said consent terms has been placed on record and the parties have also assured this Court that they would act as per the said terms.

2 We record the fact that HMA No.579/2008 – Rahul Gunwantsingh Patil Vs. Prachi Singh Patil had also been filed in the Court of Civil Judge (Senior Division) at Thane, Maharashtra. In view of the amicable settlement arrived at among the parties, the said proceedings are treated to have been filed under Section 13B of the Hindu Marriage Act, 1955 and by exercising our power under Article 142 of the Constitution of India, we declare the marriage to be dissolved in view of the fact that sufficient efforts made for settlement had failed for last more than six years. The appeal stands disposed of in view of the consent terms dated 26 th September, 2014 arrived at between the parties and the marriage stands dissolved as stated hereinabove. The appeal stands disposed of with no order as to costs. ………................................J. (ANIL R. DAVE) ………...............................J. (KURIAN JOSEPH) New Delhi November 17, 2014.

3 ITEM NO.36 COURT NO.3 SECTION IVA 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(s). 13941/2013 (Arising out of impugned final judgment and order dated 26/02/2013 in WP No. 50127/2012 passed by the High Court Of Karnataka At Bangalore) SMT. PRACHI SINGH PATIL Petitioner(s) VERSUS SRI RAHUL G. PATIL Respondent(s) (with interim relief and office report) Date : 17/11/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Harish Pandey, Adv. Mr. Jitendra Tripathi, Adv. Mr. Mayank Upadhyay, Adv. For Respondent(s) Mr. Pravin H. Parekh, Sr. Adv. Mr. Vishal Prasad, Adv. Mr. Ekansh Mishra, Adv. Mr. Abhishek Vinod Deshmukh, Adv. For M/s. Parekh & Co. UPON hearing counsel the Court made the following O R D E R Leave granted. The Civil Appeal is disposed of in terms of the signed order. (Jayant Kumar Arora) Sr. P.A. (Renuka Sadana) Court Master (Signed non-reportable order is placed on the file)

1 CORRECTED NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10561 OF 2014 (Arising out of SLP(C) No.13941 of 2013) Smt. Prachi Singh Patil .....Appellant Versus Sri Rahul G. Patil …..Respondent O R D E R Leave granted. During pendency of the appeal the parties to the litigation had made several serious efforts to settle their disputes and for that purpose they had several meetings but ultimately they had decided to get separated by virtue of consent terms arrived at between them on 26 th September, 2014. A copy of the said consent terms has been placed on record and the parties have also assured this Court that they would act as per the said terms.

2 We record the fact that HMA No.579/2008 – Rahul Gunwantsingh Patil Vs. Prachi Singh Patil had also been filed in the Court of Civil Judge (Senior Division) at Thane, Maharashtra. In view of the amicable settlement arrived at among the parties, the said proceedings are treated to have been filed under Section 13B of the Hindu Marriage Act, 1955 and by exercising our power under Article 142 of the Constitution of India, we declare the marriage to be dissolved in view of the fact that sufficient efforts made for settlement had failed for last more than six years. The appeal stands disposed of in view of the consent terms dated 26 th September, 2014 arrived at between the parties and the marriage stands dissolved as stated hereinabove. The appeal stands disposed of with no order as to costs. ………................................J. (ANIL R. DAVE) ………...............................J. (KURIAN JOSEPH) New Delhi November 17, 2014.

l! 1 CORRECTED NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10561 OF 2014 (Arising out of SLP(C) No.13941 of 2013) Smt. Prachi Singh Patil .....Appellant Versus Sri Rahul G. Patil .....Respondent ORDER Leave granted. During pendency of the appeal the parties to the litigation had made several serious efforts to settle their disputes and for that purpose they had several meetings but ultimately they had decided to get separated by virtue of consent terms arrived at between them on 26th September, 2014. A copy of the said consent terms hasSignature Not Verified been placed on record and the parties have also assured this CourtDigitally signed byJayant Kumar AroraDate: 2015.06.1016:52:23 ISTReason: that they would act as per the said terms. 2 We record the fact that HMA No.579/2008 - RahulGunwantsingh Patil Vs. Prachi Singh Patil had also been filed in theCourt of Civil Judge (Senior Division) at Thane, Maharashtra. Inview of the amicable settlement arrived at among the parties, thesaid proceedings are treated to have been filed under Section 13B ofthe Hindu Marriage Act, 1955 and by exercising our power underArticle 142 of the Constitution of India, we declare the marriage tobe dissolved in view of the fact that sufficient efforts made for

settlement had failed for last more than six years. The appeal stands disposed of in view of the consent termsdated 26th September, 2014 arrived at between the parties and themarriage stands dissolved as stated hereinabove. The appeal stands disposed of with no order as to costs. .........................................J. (ANIL R. DAVE) ........................................J. (KURIAN JOSEPH)New DelhiNovember 17, 2014. 3ITEM NO.36 COURT NO.3 SECTION IVA SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 13941/2013(Arising out of impugned final judgment and order dated 26/02/2013 in WP No.50127/2012 passed by the High Court Of Karnataka At Bangalore)SMT. PRACHI SINGH PATIL Petitioner(s) VERSUSSRI RAHUL G. PATIL Respondent(s)(with interim relief and office report)Date : 17/11/2014 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Petitioner(s) Mr. Harish Pandey, Adv. Mr. Jitendra Tripathi, Adv. Mr. Mayank Upadhyay, Adv.For Respondent(s) Mr. Pravin H. Parekh, Sr. Adv. Mr. Vishal Prasad, Adv. Mr. Ekansh Mishra, Adv. Mr. Abhishek Vinod Deshmukh, Adv. For M/s. Parekh & Co. UPON hearing counsel the Court made the following ORDER Leave granted. The Civil Appeal is disposed of in terms of the signed order. (Jayant Kumar Arora) (Renuka Sadana) Sr. P.A. Court Master (Signed non-reportable order is placed on the file)

ITEM NO.31 COURT NO.3 SECTION IVA 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(s).13941/2013 (Arising out of impugned final judgment and order dated 26/02/2013 in WP No.50127/2012 passed by the High Court Of Karnataka At Bangalore) SMT. PRACHI SINGH PATIL Petitioner(s) VERSUS SRI RAHUL G. PATIL Respondent(s) (With interim relief and office report) Date : 26/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Harish Pandey,Adv. Mr. jitendra Kr. Tripathi,Adv. For Respondent(s) Mr. P.H. Parekh,Sr.Adv. Mr. Vishal Prasad,Adv. Mr. Ekansh Mishra,Adv. For M/s. Parekh & Co.,Advs. UPON hearing the counsel the Court made the following O R D E R We are happy to note that the parties to the litigation have arrived at an amicable solution outside the Court by executing the Consent Terms dated 26 th September, 2014. The Consent Terms are taken on record. The parties are directed to act according to the afore-stated Consent Terms. List the matter on 17 th November, 2014. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar

ITEM NO.31 COURT NO.3 SECTION IVA 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(s).13941/2013 (Arising out of impugned final judgment and order dated 26/02/2013 in WP No.50127/2012 passed by the High Court Of Karnataka At Bangalore) SMT. PRACHI SINGH PATIL Petitioner(s) VERSUS SRI RAHUL G. PATIL Respondent(s) (With interim relief and office report) Date : 26/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Harish Pandey,Adv. Mr. jitendra Kr. Tripathi,Adv. For Respondent(s) Mr. P.H. Parekh,Sr.Adv. Mr. Vishal Prasad,Adv. Mr. Ekansh Mishra,Adv. For M/s. Parekh & Co.,Advs. UPON hearing the counsel the Court made the following O R D E R We are happy to note that the parties to the litigation have arrived at an amicable solution outside the Court by executing the Consent Terms dated 26th September, 2014. The Consent Terms are taken on record. The parties are directed to act according to the afore-stated Consent Terms. List the matter on 17th November, 2014.Signature Not Verified (Sarita Purohit)Digitally signed bySarita PurohitDate: 2014.09.27 (Sneh Bala Mehra)13:28:38 ISTReason: Court Master Assistant Registrar

¶ITEM NO.34 COURT NO.9 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13941/2013(From the judgement and order dated 26/02/2013 in WPNo.50127/2012 of The HIGH COURT OF KARNATAKA AT BANGALORE)SMT. PRACHI SINGH PATIL Petitioner(s) VERSUSSRI RAHUL G. PATIL Respondent(s)(With prayer for interim relief and office report)Date: 06/05/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE SHIVA KIRTI SINGHFor Petitioner(s) Ms. Meenakshii Lekhi, Adv. Mr. Harish Pandey, Adv. Mr. Mayank Upadhyay, Adv. Mr. Manish Kumar, Adv. Mr. Jitendra Kumar Tripathi, Adv.For Respondent(s) Mr. Gopal Subramoniam, Sr. Adv. Mrs. Rukhmini Bobde, Adv. Mr. Ekansh Mishra, Adv. Mr. Abhishek Vinod Deshmukh, Adv. Mr. Devansh Mohta, Adv. for M/S. Parekh & Co. UPON hearing counsel the Court made the following O R D E R It has been submitted by the learned counsel appearingfor the parties that they shall make an effort to settle thematter out of the Court and for that purpose, a prayer foradjournment has been made. List on 25.07.2014. We are sure that the parties to the litigation will makean effort for settlement of the disputes among them amicably. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar

TITEM NO.40 COURT NO.8 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13941/2013(From the judgement and order dated 26/02/2013 in WPNo.50127/2012 of The HIGH COURT OF KARNATAKA AT BANGALORE)SMT. PRACHI SINGH PATIL Petitioner(s) VERSUSSRI RAHUL G. PATIL Respondent(s)(With prayer for interim relief and office report)Date: 25/04/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. Harish Pandey, Adv.For Respondent(s) Mr. Abhishek Vinod Deshmukh, Adv. for M/S. Parekh & Co. UPON hearing counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for thepetitioner seeking adjournment for filing Rejoinder Affidavit,list on 06.05.2014. Rejoinder Affidavit be filed within one week. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar

ITEM NO.MM-22 COURT NO.1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13941/2013(From the judgement and order dated 26/02/2013 in WP No.50127/2012 of TheHIGH COURT OF KARNATAKA AT BANGALORE)SMT. PRACHI SINGH PATIL Petitioner(s) VERSUSSRI RAHUL G. PATIL Respondent(s)(With prayer for interim relief and office report)Date: 13/03/2014 This Petition was mentioned today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. Harish Pandey,Adv.For Respondent(s) M/S. Parekh & Co.,Adv. UPON being mentioned the Court made the following O R D E R List on 25th April, 2014 before an appropriate Bench. [ Madhu Bala ] [ Savita Sainani ] Court Master Assistant Registrar

¼ITEM NO.3 COURT NO.1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13941/2013(From the judgement and order dated 26/02/2013 in WP No.50127/2012 of TheHIGH COURT OF KARNATAKA AT BANGALORE)SMT. PRACHI SINGH PATIL Petitioner(s) VERSUSSRI RAHUL G. PATIL Respondent(s)(With prayer for interim relief and office report)Date: 01/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Harish Pandey,Adv.For Respondent(s) Ms. Rukhmini Bobde,Adv. Mr. Abhishek Vinod Deshmukh,Adv. for M/s. Parekh & Co.,Advs. UPON hearing counsel the Court made the following O R D E R Having regard to the letter circulated on behalf of the respondent, four weeks' time is granted to file counter affidavit. Rejoinder affidavit, if any, may be filed within four weeks thereafter. [ T.I. Rajput ] [ Juginder Kaur ] Deputy Registrar Assistant Registrar

ITEM NO.MM-1-B COURT NO.1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13941/2013(From the judgement and order dated 26/02/2013 in WP No.50127/2012 of TheHIGH COURT OF KARNATAKA AT BANGALORE)SMT. PRACHI SINGH PATIL Petitioner(s) VERSUSSRI RAHUL G. PATIL Respondent(s)(With appln(s) for exemption from filing c/c of the impugned Judgment andprayer for interim relief)Date: 10/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Ms. Meenakshi Lekhi, Adv. Mr. Harish Pandey, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. Issue notice, returnable four weeks hence. Let the matter be listed on the returnable date. In the meantime, the proceedings before the 1st Additional Family Judge, Bangalore, shall remain stayed.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |

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