Surbhi Sharma vs Ranjeet Sharma
- Neutral2022 INSC 239
Ratio decidendi
The rule this decision rests on
When parties to matrimonial litigation present a settlement deed to the Supreme Court and jointly pray for conversion of pending petition into a petition for divorce by mutual consent, the Court may exercise its discretion to direct the lower court to convert the petition and proceed under Section 13(B) of the Hindu Marriage Act, 1955, treating the period of pendency of the original petition as the cooling-off period mandated by that section.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No.545/2020
SURBHI SHARMA Petitioner
VERSUS
RANJEET SHARMA Respondent
O R D E R
Along with I.A. No. 170013 of 2021, a copy of settlement deed
dated 24th December, 2021 duly signed by the parties to the petition
has been placed on record. Both the learned Counsel appearing for
petitioner and learned Counsel appearing for respondent state that
the parties have resolved all their disputes in terms of the
settlement deed.
Clause 3 of the settlement deed provides for passing a decree
of divorce by mutual consent.
The prayer in the aforesaid I.A. is for converting the
petition pending before the Principal Judge, Family Court,
Bengaluru into a petition for divorce by mutual consent.
Hence, I dispose of the petition by passing the following
order:
i. A copy of the settlement deed dated 24th December, 2021 is
taken on the record. Parties are directed to appear either
physically or through Video conference before the Family Court Signature Not Verified Digitally signed by Jatinder Kaur Date: 2022.02.28 at Bengaluru on 4th March, 2022 at 10:30 am. The Settlement 17:09:28 IST Reason:
shall be filed on record of the Family Court.
ii. On the joint prayer made by the parties, the Family Court shall convert the pending petition into a petition under
Section 13(B) of Hindu Marriage Act, 1955. The period of
pendency of the petition shall be treated as a cooling period
as provided in Section 13(B). The family court shall proceed
to pass a decree in terms of the settlement.
.................................J. [ABHAY S. OKA]
NEW DELHI;
February 25,2022
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