Pls any suprime court latest judgement in dv act clouse 2q

https://www.lawyersclubindia.com/forum/Whether-woman-and-minor-can-be-respondent-in-dv-act-142999.asp

Pls post full facst of the matter.

Which judgment of 07-10-16 is referred?

Dear client

The  Supreme Court and iAND VARIOUS hIGHCOURTS QUASHED DV PROCEEDINGS FOR LACKOF EVIDENCE OR MERITS IN THE CASE. i'M GIVING  A  jUDGEMNT BELOW O FTH E APEX COURT WHERE  PARTIES SETTLED FOR A DECENT LUMPSUM ALIMONY OF ONETIME AND THE COURTS QUASHED ALL 498 A AN\D DV PROCEEDINGS against THEM. iF YOU ARE PREPEARED TO COME TO  A DECENT MONETARY SETTLEMENT  WITH YOUR WIFE FOR ONETIME LUMPSOME ALIMONY  YOU CAN GET QUASHED DV  on PROCEEDINGS AGAINSTR YOU.If she  fails  to prove DV you will win DV case on  merits    and the court quashes her DV case. If you appreciate this answerplease clik the thank youubutton on this forum.

upreme Court of India

            
                                                              NON-REPORTABLE

                          IN SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                      CIVIL APPEAL NOS.101-102 OF 2016
              (Arising out of SLP(C) Nos. 34943-34944 of 2015)


PRIYANKA CHAWLA                                    APPELLANT

                                VERSUS

        AMIT CHAWLA                                        RESPONDENT



                               J U D G M E N T

KURIAN,J.

Leave granted.

1. The appellant and respondent were duly married on 26th April, 2007. Unfortunately, after a couple of years, differences started between them which culminated in a decree of divorce granted by the Family Court, Ghaziabad on 20th September, 2014 in case No.765/2011, on the ground of cruelty.

2. The matter was pursued before the High Court of Ahallabad leading to the impugned judgment dated 09.09.2015. The High Court confirmed the decree of divorce. However, regarding the permanent alimony, despite the compromise said to have been entered between the parties for a total amount of Rs.36.50 lacs, the High Court reduced the amount to Rs.29.50 lacs.

3. It is not in dispute that an amount of Rs.21 lacs had already been paid by the respondent before the High Court.

4. Learned Counsel appearing for the respondent-husband submits that pursuant to the order passed by the High Court, a further amount of Rs.5 lacs has also been deposited with the Family Court, Ghaziabad.

5. When the matter came up before this Court on 04.01.2016, having regard to the submissions made by the counsel for both sides that the parties would like to have a peaceful settlement of the entire disputes, they were directed to appear before this Court in-person. Accordingly, the appellant- Ms. Priyanka Chawla accompanied by her father–Mr. Girish Arya and respondent – Mr. Amit Chawla are present before the Court.

6. It is agreed that in addition to the amount of Rs.21 lacs paid by the respondent/husband, a further amount of Rs.5 lacs will be paid within a period of six months.

7. It is also agreed between the parties that the decree of divorce granted by the Family Court, Ghaziabad on 20.09.2014 be set aside and the parties be granted divorce by mutual consent on a joint petition that is filed by the parties before this Court.

8. It is also agreed that all other civil and criminal litigations between the parties, as of now, pending in various courts, be also put an end to.

9. Accordingly, these appeals are allowed in the following terms:-

1. FIR No.2396 of 2009 P.S. Indirapuram dated 04.10.2009 under Section 498A IPC, FIR No.701/2010 lodged by Ms. Vinod Kumari Chawla under Sections 147, 323, 452, 509, 506, 427, 379 IPC P.S. Indirapuram, Ghaziabad dated 01.04.2010 and Complaint Case No.4953 of 2010 lodged by Girish Chandra Arya under Section 156(3) Cr.P.C. dated 18.06.2010 under Section 879 IPC shall stand quashed.

2. Domestic Violence Case No.96 of 2010 under section 12 of Protection of Women From Domestic Violence Act,2005 pending before the 2nd ACJM, Ghaziabad and Maintenance Case No.1 of 2012 pending before 1st Additional Civil Judge, S.D., Ghaziabad shall stand quashed.

3. The proceedings initiated by the appellant under Section 125 Cr.P.C. in Maintenance Case No.625/2011 pending before the ACJ, Ghaziabad shall also stand quashed.

4. Having regard to the fact that a decree for divorce had already been granted as early as on 20.09.2014, in the interests of justice and for doing complete justice, the cooling period is waived and the parties are granted a decree of divorce by mutual consent.

5. The appellant is permitted to withdraw the demand draft of Rs.5 lacs deposited by the respondent before the Family Court, Ghaziabad.

6. The respondent will pay the remaining amount of Rs.5 lacs by way of demand draft, drawn in the name of Ms. Priyanka-appellant on or before 30.06.2016.

10. We appreciate the sincere efforts made by the learned counsel for the parties for an amicable settlement between the parties and also the cooperation rendered by the parties.

11. No costs.

....................J.

(KURIAN JOSEPH) ....................J.

(ROHINTON FALI NARIMAN) NEW DELHI;

8TH JANUARY, 2016

               The Supreme 

first of all , always try to understand the importance of marriages as such in indian circumstances, where marriage is a sacred act .

you also need to know no judgement is final in any case, till one of the contestant drops the issue, after a protracted fight.

Every statute has blemishes that can be encashed sir.

Do u know there is a perfect circle or perfect square, after all the perceptions depends on imaginations mosly.

litigation by itself is not a healthy one in any one's life.

When you were born you too is imperfect some child only sir. 

wisdom is conciliation in any issue of any complication sir. regds,

Every thing is questionable in life?

that way mediation ,conciliation surfaced sine time immemorial, no law can be a final solution.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10084 of 2016 (ARISING OUT OF SLP (CIVIL) NO. 9132 OF 2015)

HIRAL P. HARSORA AND ORS. …APPELLANTS

VERSUS

KUSUM NAROTTAMDAS HARSORA AND ORS. …RESPONDENTS

https://judis.nic.in/supremecourt/imgs1.aspx?filename=44159

Download from other thread;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=143049&offset=1

Member Law Web made the contribution of this judgment to the forum in thread;

https://www.lawyersclubindia.com/forum/Whether-woman-and-minor-can-be-respondent-in-dv-act-142999.asp

Please Refer to para 36 of the judgement date October 6, 2016.

Go thru whole judgment carefully.

Art 19 r/w Art 21 grants you your necessary liberty of life as a fundamental right ; here one can understand sec 498a can be quashed if there is a mutual divorce understanding that is what judge Kurien's judgement please.