In a sweet twist of events, a well-reasoned contested Divorce Judgment (on the ground of cruelty) is converted into a nice MCD settlement by a division bench of the Apex Court…
From Para 3,
3. The present appeal has been filed by the appellant-wife against the impugned judgment dated 02.04.2024 passed by the High Court of Delhi in MAT.APP.(F.C.) 321/2018, by which divorce has been granted under Section 13(1)(ia) of the Hindu Marriage Act, 1955 to the respondent-husband.
but from Para 8,
8. Accordingly, we dispose of the present appeal in terms of the settlement arrived at between the parties as noted above. The terms and conditions be strictly complied with by the respective parties within the time frame indicated in the settlement. Further, the impugned judgment passed by the High Court stands set aside and the parties are granted a decree of divorce by mutual consent. Registry to draw up a decree accordingly.
From Paras 11 and 12,
11. As the details of such cases/complaints are not specifically written in the settlement, we deemed it appropriate to ask the learned senior counsel, who have furnished the details of such cases/complaints. Accordingly, as per the list furnished by them, the following cases stand not only quashed but all observations made against any of the parties stand expunged:-
1. Petition u/s 125 Cr.P.C. filed by petitioner/wife against respondent-husband, bearing no.MT No.447/23 before Mr. Anil Kumar, PJFC, Dwarka, Delhi.
2. Petition u/s 12 of DV Act filed by petitioner/wife against respondent/husband and his family members, bearing no.MC No.712/23 before Ms. Surbhi, JMFC, Dwarka, Delhi.
3. Police complaint by petitioner/wife against respondent/husband and his parents at P.S. Dwarka (Dabri Moor), Delhi.
4. Police complaint by petitioner/wife against respondent/husband and his parents at P.S. Sector 56, Gurugram, Haryana.
12. Since we have expunged those remarks, in law, the said observations/remarks do not exist anymore and thus, any media link showing such expunged remarks will have to be mandatorily put down and if the same is not done, it is open for the parties to approach the concerned competent authority which shall ensure that the same are taken off the link.
