SC granted decree of divorce by mutual consent by waiving statutory period of waiting

Having regard to the background of the several
litigations between the parties over a period of five years,
background of the parties living separately for more than
five years, submission of Mr. Vivek Kumar Varinder Wadhera
that he has to go back to his work place in U.S.A and also
having regard to the submission of Aditi Vivek Kumar Wadhera

that she has now to think of her future, we are of the view
that it is a fit case to invoke our jurisdiction under
Article 142 of the Constitution of India and grant a decree
of divorce by mutual consent by waiving the statutory period
of waiting.
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
INTERLOCUTORY APPLICATION NOS. 3 & 4 OF 2016
IN
TRANSFER PETITION (C) NO.569 OF 2014
ADITI WADHERA 
 VERSUS
VIVEK KUMAR WADHERA 
Citation:2016 SCCONLINESC 785

1. By way of transfer Petition (C) No. 569 of 2014, the
petitioner-wife had approached this Court for transfer of
Suit No. HMA 32/2013 titled `Vivek Kumar Varinder Wadhera
Vs. Aditi Vivek Kumar Wadhera' filed under Section 13B of
the Hindu Marriage Act, 1955, from District & Sessions
Court, Panchkula, Haryana to the Family Court, Pune,
Maharashtra.
2. During the pendency of the proceedings before this
Court, parties were referred to mediation. Thanks to the
cooperation extended by the parties and the learned counsel
appearing for the parties, it is heartening to note that the
parties have arrived at an amicable settlement of the entire

disputes. The memorandum of settlement has been produced
before this Court.
3. It is submitted that the monetary part of the
settlement has been complied with and what remains is only
order on the pending criminal cases and also the application
for divorce on mutual consent.
4. Since the parties have settled their disputes amicably,
we are of the view that the interest of justice would be
met, in case, the whole disputes are also finally settled.
Accordingly, RCC No. 2498 of 2011 titled `State of
Maharashtra Vs. Vivek Kumar Varinder Wadhera, Varinder
Shorilal Wadhera, Vipon Varinder Wadhera & Vibha Karun
Sekhri, RCC No.5144 of 2013 titled 'Aditi Vivek Wadhera Vs.
Vivek Kumar Wadhera & Ramesh Grover and Criminal
Miscellaneous Application No.1068 of 2011 titled `Aditi
Vivek Wadhera Vs. Vivek Kumar Varinder Wadhera, Varinder
Shorilal Wadhera, Vipon Varinder Wadhera & Vibha Karun
Sekhri, pending on the file of First Class, Judicial
Magistrate, Pune would stand quashed.
5. The following cases will also stand disposed of:
(i) Criminal Revision No.134 of 2015 titled `Varinder
Shorilal Wadhera & Vipon Varinder Wadhera Vs. State of
Mahrashtra pending on the file of Sessions Judge,Pune.

(ii) Criminal Revision No. 73 of 2015 titled `Vivek Varinder
Wadhera Vs. State of Mahrashtra, pending before the Sessions
Judge, Pune.
(iii) Criminal Revision No.51 of 2015 titled `Vibha Sekhri
Vs. State of Mahrashtra, pending before the Sessions Judge,
Pune.
(iv) Criminal Appeal No.21 of 2012 titled `Vivek Varinder
Wadhera, Varinder Shorilal Wadhera, Vipon Varinder Wadhera &
Vibha Karun Sekhri Vs. Aditi Vivek Wadhera & Anr., pending
before the Sessions Judge, Pune.
6. Aditi Vivek Kumar Wadhera, wife and Vivek Kumar
Varinder Wadhera-husband are present before the Court. It
is submitted that they have lived as husband and wife only
for a few days in the year 2010. Both parties have
exercised their free will and have taken a conscious
decision to part and put an end to all other litigation as
well. They have also filed a joint petition for dissolution
of marriage by mutual consent under Section 13B of the Hindu
Marriage Act before the District Court.
7. Having regard to the background of the several
litigations between the parties over a period of five years,
background of the parties living separately for more than
five years, submission of Mr. Vivek Kumar Varinder Wadhera
that he has to go back to his work place in U.S.A and also
having regard to the submission of Aditi Vivek Kumar Wadhera

that she has now to think of her future, we are of the view
that it is a fit case to invoke our jurisdiction under
Article 142 of the Constitution of India and grant a decree
of divorce by mutual consent by waiving the statutory period
of waiting.
8. Therefore, the marriage between Aditi Vivek Kumar
Wadhera and Vivek Kumar Wadhera stands dissolved by decree
of mutual consent. HMA No. 32/2013 on the file of District
& Sessions Court, Panchkula, Haryana shall stand disposed of
accordingly.
9. The terms of settlement dated 13.6.2015 will form
part of the decree.
10. We make it clear that there shall not be any
restraint on the travel of both the parties and their family
members on account of criminal cases referred to above,
since we have quashed the same.
11. I.A. Nos.3 & 4 of 2016 stand disposed of in the
aforesaid terms.
...................J.
 [KURIAN JOSEPH]
 ....................J.
 [ROHINTON FALI NARIMAN]
NEW DELHI;
 AUGUST 04, 2016

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