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SUPREME COURT OF INDIA
M. M. Punchhi, Sujata .V. Manohar
RADHA, APPELLANT
Versus
MOHINDER KUMAR, RESPONDENT.
Civil Appeal No. 7362 of 1995,
decided on March 20, 1996.
Annulment - Marriage Dissolution - The court substituted the annulment of marriage with dissolution by mutual consent based on the parties' compromise, settling permanent alimony and steps to end the litigation.
Fact of the Case:
The husband obtained a judgment and decree for the annulment of the marriage, which the wife appealed. The parties entered into a compromise, desiring the marriage to be dissolved by mutual consent effective from the date of the High Court judgment.
Finding of the Court:
The court allowed the appeal based on the parties' compromise, substituting the annulment with dissolution by mutual consent, settling permanent alimony, and directing the parties to take steps to end the litigation.
Issues: Annulment of marriage, appeal, compromise, dissolution by mutual consent, permanent alimony, steps to end litigation.
Ratio Decidendi: The court considered the parties' compromise and deemed the request for dissolution by mutual consent to be reasonable, thereby allowing the appeal and substituting the annulment with dissolution by mutual consent.
Final Decision: The appeal stands allowed in terms of the parties' compromise, and no costs were awarded.
ORDER
1. The judgment and decree under appeal relates to the annulment of the marriage tie between the parties. It is the husband who was successful in obtaining it. Now, the wife is in appeal before us. The parties have entered into a compromise; the terms whereof have been put on record in writing. In terms therewith, the parties have desired that the marriage between them may be kept dissolved but not on annulment and instead by "mutual consent" effective from the date of the High Court judgment, i.e., 29-7-1994. Such request, in the facts and circumstances, appears to us to be reasonable. We, therefore, substitute the order of the High Court as if from the date of its judgment, the marriage between the parties stood dissolved by a decree of divorce upon mutual consent.
2. The second term in the deed of compromise relates to the settlement of permanent alimony. Let those terms be observed as agreed upon between the parties.
3. The third term relates to the steps which the parties expect each other to take in order to bring this litigation to an end. Let those steps be also taken, as envisaged.
4. The appeal thus stands allowed in terms of the aforesaid "deed of compromise".
5. No costs.
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