Supreme Court – Daily Orders
Sweta Kumari vs Prahalad Prasad on 16 April, 2025
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5315 OF 2025
(Arising out of SLP (C)No. 16464/2023
SWETA KUMARI APPELLANT
VERSUS
PRAHALAD PRASAD RESPONDENT
O R D E R
Leave granted.
2. Pursuant to the previous order dated 28.03.2025, the
parties have filed a joint application. The respondent is
present in-person whereas the appellant has joined the Court
proceedings through virtual mode. Through the joint
application, the parties have mutually agreed for divorce and
the appellant has also expressed her willingness to accept the
amount of Rs.50,00,000/- (Rupees Fifty Lakhs) as alimony as has
been fixed by the High Court vide the impugned order. The
further prayer which the parties make before this Court is for
quashing of the cases, particulars of which are at paragraph 9
of the joint application.
Signature Not Verified
Digitally signed by
RAJNI MUKHI
Date: 2025.04.17
18:32:04 IST
Reason:
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3. Having considered the matter, for doing complete justice
between the parties and putting a quietus to the litigations
inter se the parties, we are inclined to allow the prayer.
Accordingly, the following cases stand quashed:
“1. Complaint Case No. 1606 of 2012 under Section
323, 34 of IPC pending before learned Judicial
Magistrate, civil Court at Ranchi, Jharkhand.
2. G.R. Case No. 1568 of 2012 arising out of Argora
P.S. FIR No. 133/2012 dated 25.03.2012 u/s 504, 506 IPC
and sections 3 & 4 of D.P. Act, 1961, pending before
Ld. Sub Divisional Judicial Magistrate, Civil Court at
Ranchi, Jharkhand.
3. MAC No.05/2022 u/s 127 Cr.P.C. pending before
Addl. Principal Judge, Family Court, Ranchi,
Jharkhand.”
4. The order of the High Court granting divorce as also
alimony of Rs.50,00,000/- (Rupees Fifty Lakhs) is upheld.
5. The amount of Rs.50,00,000/- (Rupees Fifty Lakhs)
deposited by the respondent in the Registry of this Court is
directed to be released in favour of the appellant alongwith
the interest accrued thereupon. The same be handed over by way
of a Demand Draft in favour of the appellant to the learned
counsel for the appellant within two weeks by the Registry.
6. It is clarified that the Demand Draft would be made
payable in favour of the appellant in the name as “Shweta
Kumari” and not as Sweta Kumari.
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7. We would further clarify that since the matter is being
given a quietus, the ground on which the High Court granted
divorce that is attributing cruelty against the appellant, the
same is set aside and substituted by decree of divorce by
mutual consent.
8. The Registry to also draw a decree of divorce through
mutual consent between the parties.
9. I.A. No. 91455 of 2025 is allowed.
10. The Appeal stands disposed of in the aforesaid terms.
………………………………………………………J.
[AHSANUDDIN AMANULLAH]
………………………………………………………J.
[PRASHANT KUMAR MISHRA]
NEW DELHI
16TH APRIL, 2025
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ITEM NO.32 COURT NO.16 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 16464/2023
[Arising out of impugned final judgment and order dated 13-04-2023
in FA No. 181/2019 passed by the High Court of Jharkhand at Ranchi]
SWETA KUMARI Petitioner(s)
VERSUS
PRAHALAD PRASAD Respondent(s)
(FOR ADMISSION, I.R. , IA No. 148055/2023 – EXEMPTION FROM FILING
O.T., IA No. 188095/2023 – PERMISSION TO APPEAR AND ARGUE IN
PERSON, IA No. 62685/2025 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES AND IA No. 190488/2023 – PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND I.A. NO. 91455 OF
2025- JOINT APPLICATION FOR MUTUAL DIVORCE)
Date : 16-04-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRAFor Petitioner(s) :Ms. Reena Pandey, Adv.
Mr. Anurag Pandey, AOR
For Respondent(s) :Respondent-in-person
UPON hearing the counsel the Court made the following
O R D E RLeave granted.
2. I.A.No. 91455 of 2025 is allowed.
3. The appeal stands disposed of in terms of signed order.
4. Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (ANJALI PANWAR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)
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