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Arun Baban Sawant v. Surekha Keru Pimparkar @ Surekha A. Sawant

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 5045-47 of 2016)Decided 2 May 2016
Civil Appeal Nos. 5045-47 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

Following the divorce of Arun Baban Sawant and Surekha Keru Pimparkar, multiple related proceedings were pending between them across different courts, including a Family Court appeal, a domestic violence case, two contempt petitions, and an execution petition. Although court-annexed mediation had failed to produce a settlement, both parties appeared in person before the Supreme Court, and with the Court's facilitation they reached an amicable agreement covering alimony, child maintenance, and the father's visitation rights to his daughter.

Decision Breakdown

The Court recorded the settlement as its judgment: the appellant-father would pay Rs. 30 lakhs total toward alimony and maintenance in three installments of Rs. 10 lakhs each over two-and-a-half years (the final installment payable directly to the daughter), with default treated as contempt of court. The father was granted visitation rights on two non-working Saturdays a month, supervised by a student-counsellor at the child's school. As part of the settlement, six pending cases between the parties (in the Bombay High Court, a Metropolitan Magistrate's court, and the Thane Family Court) were directed to stand dismissed, and the Registry was directed to communicate the judgment to those courts.

Lesson Learnt

Even after formal mediation fails, parties can still reach a binding settlement directly before the Supreme Court; once recorded as a judgment, such a settlement is enforceable as a court order, including through contempt proceedings for non-payment.

Official source (sci.gov.in)View Judgment (PDF)

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