Sweta Kumari vs Prahalad Prasad on 16 April, 2025

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Sweta Kumari vs Prahalad Prasad on 16 April, 2025


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 MISHRA

For 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 R

Leave 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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