APARNA GOYAL versus RAKESH GOYAL

The parties having arrived at a settlement for divorce by mutual consent and agreed to discontinue all pending proceedings, the Supreme Court directed disposal of cases and ordered the marriage dissolved by mutual consent under Section 138 of the Hindu Marriage Act, 1956.

Parties: Petitioner: Aparna Goyal; Respondent: Rakesh Goyal
Jurisdiction: India
Judgment Date: 27 January 2009
Procedural Posture: Transfer Petition (civil) / Disposition by Supreme Court
Outcome: Petitions disposed of; marriage dissolved by mutual consent; orders passed as per settlement.
Legal Topics: Divorce by Mutual Consent, Settlement, Transfer of Proceedings

Family Law Divorce by Mutual Consent Settlement Transfer of Proceedings

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Full judgment text Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Aparna Goyal

Petitioner

Rakesh Goyal

Respondent

Procedural Posture

Transfer Petition (civil) / Disposition by Supreme Court

Legal Issues

1 Whether parties are entitled to divorce by mutual consent as per settlement
2 Disposition of pending criminal and civil proceedings based on settlement

Ratio Decidendi

Court Disposition

Petitions disposed of; marriage dissolved by mutual consent; orders passed as per settlement.

Orders

Sum of Rs. 10 lakh deposited with the Registry of the Supreme Court to be handed over to Aparna Goyal, the wife.
Proceedings in Case No.259/2003 (Metropolitan Magistrate, New Delhi), Case No.1011/1/2003 (under Section 125 CrPC), and HMA No.37/2006 (Divorce by husband, District Judge Muktsar, Punjab) are disposed of.