1. Appeal against annulment of marriage — Compromise between parties — Request for dissolution by mutual consent. (Para 1 )
Back
Next 
1996 Supreme(SC) 627
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.
Important Points
The court has the discretion to substitute the annulment of marriage with dissolution by mutual consent based on the parties' compromise and reasonableness of the request.
Subject
Family Law - Marriage Dissolution
Act Referred
Headnote
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.
Legal Category Hierarchy
Table of Contents
2. Parties sought substitution of an annulment decree with a decree of divorce by mutual consent. (Para 1 )
3. Substitution of annulment with divorce by mutual consent is reasonable when parties enter into a written compromise. (Para 1 )
4. A court may substitute a decree of annulment with a decree of divorce by mutual consent based on a reasonable compromise between parties. (Para 1 )
5. Appeal allowed — Marriage dissolved by mutual consent — Alimony and other terms as per compromise deed. (Para 1 , 2 , 3 , 4 , 5 )
6. Can a decree of annulment be substituted with a decree of divorce by mutual consent?
Yes, if the parties enter into a compromise and the court finds the request to dissolve the marriage by mutual consent to be reasonable under the circumstances. (Para 1 )
7. Are terms of permanent alimony agreed upon in a compromise deed enforceable by the court?
Yes, the court may order that the terms of permanent alimony as agreed upon in a deed of compromise between the parties be observed. (Para 2 )
8. Can a court order the dissolution of marriage by mutual consent to be effective from a retrospective date?
Yes, the court may substitute a prior order to make the dissolution of marriage by mutual consent effective from the date of a previous judgment if requested by the parties. (Para 1 )
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.
