SAIRA@RUHI v. ATHAR ABBAS
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- Dr. Arijit Pasayat
- Dr. Mukundakam Sharma
- Judgment Date
- 2008-10-16
- Court Decision / Holding
- Transfer Petition disposed of. The parties are directed to appear before the Delhi High Court Mediation Centre for counselling on 4 December 2008. On the basis of the agreement reached, the petition is disposed of on the terms stated: the parties withdraw their respective petitions and suits, FIR 404/2007 is quashed, and the related Cr.P.C. and civil proceedings are withdrawn; the proceedings are closed and the matter ends through mediated settlement.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- Saira Ruhi
Respondents
- Athar Abbas
Legal Representation & Advocates
Counsels for Petitioners
- • Rukshana Choudhary
- • Indira Unninayer
Case Synopsis & Summary
This matter concerns Transfer Petition (C) No. D 25 of 2008 filed in the Supreme Court in a matrimonial dispute. The matter was directed to be listed at the Supreme Court Lok Adalat on 5 September 2008, where with the assistance of mediators the parties arrived at a settlement on terms recorded by the Court. The parties agreed to withdraw their respective complaints and suits and to live together from 1 July 2008, with counselling to be provided to prevent further violence by the Delhi High Court Mediation Centre. They also agreed that FIR No. 404 of 2007 (Geeta Colony, Delhi) would be quashed; the petitioner under Section 125 Cr.P.C. (Criminal proceedings) would withdraw her petition, and the respondent would withdraw his Civil Suit No. 321/2007 pending in Hapur, UP. Petitions under Section 125 Cr.P.C. and the related civil action were thus withdrawn. The Court directed that the parties appear for counselling on 4 December 2008 and disposed of the petition on the terms agreed, with the proceedings noted as closed. In essence, the Court used mediation to resolve a matrimonial dispute, emphasizing withdrawal of litigation, reconciliation, and ceremonial quashing of FIRs to end the dispute.”
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants sought to resolve their matrimonial dispute through the Supreme Court Lok Adalat pathway, aiming to withdraw all pending complaints and suits and to undergo counseling to rebuild family relations. They asserted that settlement through mediation would prevent violence and reduce the litigation burden, and that FIR 404/2007 should be quashed. They also agreed to appear before the Delhi High Court Mediation Centre on a date fixed by the Court to implement the mediators’ terms.
Contentions of Respondents
The respondent agreed in principle to the mediated settlement to preserve family peace and avoid protracted litigation, consenting to withdraw the suit and related proceedings and to participate in counselling arranged by the mediation center.
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