Kumar Srivastav & Ors. Vs. Swati Sinha & ANR.  INSC 1654 (19
APPELLATE JURISDICTION CRIMINAL APPEAL NO.1922 OF 2009 (Arising out of S.L.P.
(Crl.) No.4317 of 2007) Dinesh Kumar Srivastav and Ors. ...Appellant(s) Versus
Swati Sinha and Anr. ...Respondent(s)
O R D E R
the pendency of this matter, a joint application has been filed by Dinesh Kumar
Srivastav and Swati Sinha under Section 13-B of the Hindu Marriage Act, 1956,
[for short, `the Act']. It is stated in the said application that, during the
pendency of the present petition, the parties have decided to put an end to
their matrimonial relationship and filed the present application for seeking
mutual divorce under under Section 13-B of the Act. In the application, it is
mentioned that both the parties shall withdraw the civil and criminal
proceedings initiated by them against each other in various Courts. Let it be
done within four weeks from today.
appellant-Dinesh Kumar Srivastav has given a bank draft of Rs.1.25 lakhs to
Swati Sinha towards her maintenance and Rupees one lakh has been deposited in
the name of his daughter-Shivani Sinha under the guardianship of her mother
appellant-Dinesh Kumar Srivastav has further agreed to pay Rupees two thousand
per month to Swati Sinha towards monthly educational expenses of his daughter
Shivani Sinha. He has also undertaken to pay the same till Shivani attains the
age of 18 years. The amount of Rupees two thousand shall be paid to Swati Sinha
by an account payee cheque/draft every month by 15th day of each calendar
It may be
stated that the amount of Rupees two thousand would be paid from the month of
November, 2009 onwards.
appellant-Dinesh Kumar Srivastav would be entitled to spend two hours with his
daughter on second and fourth Saturdays/Sundays of every month at the place
wherever she stays with Swati Sinha. Swati Sinha is directed to cooperate in
consideration of the totality of the facts and circumstances of this case, the
parties are granted a decree of divorce by mutual consent.
of non-compliance of any condition incorporated in the application, the parties
would be at liberty to approach the Allahabad High Court.
appeal is, accordingly, disposed of on the above terms.
......................J. [DALVEER BHANDARI]
......................J. [P. SATHASIVAM]
October 19, 2009.