ITEM NO.29     LOK ADALAT NO.1        SECTION XVIA

SUPREME COURT LOK ADALAT

TRANSFER PETITION (C) NO.326 OF 2008

NAVPREET KAUR     ... Petitioner (s)

 Versus

GURKIRAT SINGH     ... Respondent (s)

(With appln.(s) for stay and office report)

Date : 06/12/2008 The above petition was taken up today for settlement

CORAM :

HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE P. SATHASIVAM

For Petitioner (s) Mr. K.B. Rohtagi, Adv. Ms. Aparna Rohatgi Jain, Adv. Mr. Mahesh Kasana, Adv. Mr. Vinod Kumar, Adv.

For Respondent (s)  Mr. Sheetal Prasad Juneja, Adv.

 This matter was taken up at the Supreme Court Lok Adalat   with  the  consent  and agreement through their counsel.

        The following Order/Award is passed :-

Heard learned counsel for the parties and the parties who are present in person.

This Transfer Petition is disposed of on the following terms :-

1. A sum of Rs.3,00,000/- shall be paid by the respondent to the petitioner by 15th

February, 2009.

2. A further sum of Rs.2,00,000/- shall be paid by the 15th April, 2009.  

-2-

From May, 2009 a sum of Rs.3,000/- per month shall be paid by the respondent to

the petitioner for the welfare of the son who is presently three years of age.  The payment

shall continue to be made till  the boy attains majority.  On the payment of  the sum of

Rs.5,00,000/- the Criminal proceedings pending before the Judicial Magistrate, First Class,

Chandigarh in complaint case alleging commission of offence under Section 498A, 406 and

120B filed before the learned Chief Judicial Magistrate, U.T.  Chandigarh titled Navpreet

Kaur versus Gurkirat Singh and Others shall stand quashed.   Similarly, the proceeding

under Section 9 of the Hindu Marriage Act in MAT Case No.2 of 2008 pending before the

learned Civil Judge, Senior Division, Champua, Orissa shall stand quashed.  The parties,

after payment of  the aforesaid sum of  Rs.5,00,000/-,  shall file a joint petition before the

learned District Judge, Chandigarh for a decree of divorce by mutual consent.  The said

petition shall be allowed in terms of the present order.

It is made clear that if there is two consecutive defaults in making payment of

Rs.3,000/- per month, the Criminal Case quashed pursuant to the present order shall stand

revived.  The payment shall be made by the 10th of the succeeding month by crossed cheque

in favour of the petitioner, by the respondent.  

 -3-

Until the final orders are passed in terms of the present order, all proceedings in

different Courts shall remain stayed.

The Transfer Petition stand disposed of.

    (P.SATHASIVAM)  (Dr.ARIJIT PASAYAT)