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Surbhi Sharma vs Ranjeet Sharma

Supreme Court25 February 2022Abhay S. Oka

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

IN THE SUPREME COURT OF INDIA

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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