JASMINE CHARANIYA Vs. AHMED CHARANIYA
LAWS(SC)-2017-10-61
SUPREME COURT OF INDIA
Decided on October 10,2017

Jasmine Charaniya Appellant
VERSUS
Ahmed Charaniya Respondents

JUDGEMENT

- (1.) The parties are before this Court in contempt jurisdiction. The allegation is that the respondent-husband has not complied with the terms of settlement. Though a contempt jurisdiction, being essentially a dispute in the family, this Court travelled an extra mile involving the service of Mr. Pallav Shishodia, learned Senior Counsel, Ms. Shalini Shishodia and Mr. Sunil Mittal, learned Mediators.
(2.) On 03.08.2017, this Court passed the following, which reads as under: "The parties are present in Court today. The disputes have arisen after a compromise and, therefore, we sought the assistance of Mr. Pallav Sisodia, learned senior counsel, who in turn associated with Mrs. Shalini Sisodia and Mr. Sunil Mittal, learned senior counsel. We are glad to note that the parties have arrived at a settlement and they have filed the terms of settlement, duly signed by them and their respective counsel. The said 'Further Agreement of Settlement' dated 02.08.2017 is taken on record. List on 10.08.2017."
(3.) On 10.08.2017, the following further Order was passed: "The parties have been before this Court fighting on certain matrimonial disputes. It appears, they had arrived a settlement but there is an allegation that the settlement terms have not been strictly complied with which necessitated them to approach this Court again. Thanks to the intervention of Mr. Pallav Shishodia, learned senior counsel, Ms. Shalini Shishodia and Mr. Sunil Mittal, learned mediators, we are informed that the settlement terms have been clarified and further agreement of settlement has been signed by the parties and their respective advocates on 02.08.2017. The same has been filed before this Court and has been taken on record. We direct the parties to go by the terms of original settlement and as agreed to in the further agreement dated 2.8.2017 and strictly abide by those terms. What remains is only the fate of the criminal proceedings pending between the parties as also the fate of their marriage. We are informed that the First Motion has already been made as early as on 6.4.2016 before the Family Court under Section 28 of the Special Marriage Act, 1954. We restrain the parties from instituting any fresh litigations or filing any complaint/petition before any Authority or Court without leave of this Court. All the pending litigations between the parties shall also remain stayed. We make it clear that institution of fresh litigations between the parties will include the members of the family of either side as well. Post on 10.10.2017." ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.