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Dr. Vishesh Malhotra Vs. Dr. Alka Malhotra

[Civil Appeal No(S). 12686 of 2017 @ Special Leave Petition (C) No. 19066 of 2016]

KURIAN, J.

1. Leave granted.

2. Both the parties, who are well educated and professionally qualified, are before this Court today with matrimonial disputes, which started in the year 2009.

3. Thanks to the intervention of Mr. R. Basant, learned senior counsel, and the intervention of the court, the parties have agreed to an amicable settlement of the disputes. They have filed a Joint Statement dated 07.09.2017 in the court today, which is taken on record. The said Joint Statement shall form part of this Judgment.

4. In terms of the Joint Statement, the parties have also filed an application under Section 13B of the Hindu Marriage Act, 1955 for divorce on mutual 2 consent.

5. Having regard to the long separation of the parties, that the disputes have otherwise been settled in terms of the Joint Statement referred to above, and also having regard to the fact that in terms of the settlement, an amount of Rs. 85,00,000/- (Rupees Eighty Five Lakhs) is being handed over to the respondent and their son Karan, who is major, which is duly acknowledged, we are of the view that this is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India.

6. Accordingly, the marriage between the appellant- Dr. Vishesh Malhotra and the respondent - Dr. Alka Malhotra is dissolved by way of a decree of divorce by mutual consent.

7. In view of the above, this appeal is disposed of.

.......................J. [KURIAN JOSEPH]

.......................J. [R. BANUMATHI]

New Delhi;

September 12, 2017.

Item No.5 Court No.5 Section IV

Supreme Court of India

Record of Proceedings

Dr. Vishesh Malhotra Vs. Dr Alka Malhotra

[Petition for Special Leave to Appeal (C) No. 19066 of 2016]

Date: 12-09-2017

This matter was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE KURIAN JOSEPH

HON'BLE MRS. JUSTICE R. BANUMATHI

For Appellant(s)

Mr. Rahul Rathore, Adv.

Ms. Priyanjali Singh, AOR

For Respondent(s)

Mr. Anil Nag, Adv.

Mr. Abhilash Nag, Adv.

Mr. Arun Singh, Adv.

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 interlocutory applications, if any, stand disposed of.

Jayant Kumar Arora

Renu Diwan

Court Master

Assistant Registrar

Signed non-reportable Judgment is placed on the file

PS. : The application (in original) under Section 13B of the Hindu Marriage Act and the Joint Statement of the parties (in original) are annexed with this Judgment/Record of Proceeding.


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