IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2696 OF 2017
URVIBEN JITENDRA DAVE Appellant(s)
VERSUS
JITENDRA BIPINCHANDRA DAVE Respondent(s)
O R D E R
We have heard learned counsel for the parties as also the sole respondent appearing in person. With the constructive approach adopted by learned counsel for the parties on instructions as well as by the sole respondent, we have been able to resolve the controversy.
It is agreed as under :
1) the appeal shall stand dismissed and the decree of divorce confirmed;
2) the respondent, in order to meet his obligations of permanent alimony towards the appellant agrees and undertakes to this Court as under :
a) That an amount of 40% of the net salary of the respondent will go towards the appellant as maintenance for the period
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the respondent serves in the government job occupied by him.
b) the amount would be determined on the basis of deductions already being made including GPF at the present rate which the respondent will continue to contribute till his retirement.
c) post his retirement, 50% of the net amount received by the respondent as pension will be paid to the appellant.
d) On the respondent expressing difficulty in making any lump-sum payment, the entire contribution to the GPF made by the respondent, and to be made by the respondent, will fall to the share of the appellant towards her permanent alimony on the date of maturity.
e) The amounts mentioned aforesaid shall be directly remitted by the employer in terms of the aforesaid undertaking i.e. Government of India, Department of Central Excise, CGST wing and the parties to remit the orders to the respective authorities for due
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compliance. The GPF account No. is CEABC/-4953.
f) The respondent will not withdraw any part of the GPF nor create encumbrance on the same as this is the lien of the appellant towards her permanent alimony.
g) The appellant will inform the employers of the respondent about the account number where employer has to give credit.
h) All inter-se civil and criminal proceedings between the parties shall come to an end and the civil proceedings shall be closed and criminal proceedings stand quashed whatever it may. It is open for the parties to put this Order before the concerned Courts.
The civil appeal stands disposed of in the aforesaid terms, leaving parties to bear their own costs.
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We appreciate the constructive approach adopted by the parties and the assistance provided by the learned counsels to bring this long drawn out dispute to an end.
....................J.
[SANJAY KISHAN KAUL]
...................J.
[M.M. SUNDRESH]
NEW DELHI,
MARCH 29, 2022.
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REVISED FOR APPEARANCE ONLY
ITEM NO.102 COURT NO.6 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No.2696/2017 URVIBEN JITENDRA DAVE Appellant(s)
VERSUS
JITENDRA BIPINCHANDRA DAVE Respondent(s) ([ IMMEDIATELY AFTER PART-HEARD MATTER ] ) Date : 29-03-2022 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Appellant(s) Mr. H. P. Rawal, Sr. Adv. Mr. Anirudh Sharma, AOR
Mr. Kartikeya Kanojia, Adv.
For Respondent(s) Dr. Harshvir Pratap Sharma, Sr. Adv. Ms. Meera Kaura Patel, Adv.
Mr. Tejas Patel, AOR
Mr. Akshay, Adv.
Mr. Pawan Aneja, Adv.
Mr. Mukund Gupta, Adv.
Mr. Abhinav Chandan, Adv.
Ms. Muskaan Singla, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The civil appeal stands disposed of in terms of the signed order.
Pending application(s) stands disposed of.
(RASHMI DHYANI) (POONAM VAID)
COURT MASTER COURT MASTER
(signed order is placed on the file)
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