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2019 Supreme(SC) 1929

SUPREME COURT OF INDIA
Arun Mishra, Navin Sinha, JJ.
Rupali Agarwal - Appellant
Versus
Amit Agarwal - Respondent
Miscellaneous Application No. 376 of 2019; Transfer Petition (Civil) No. 1804 of 2018
Decided On : 20-02-2019

Advocates Appeared:
R.C. Kaushik, Adv., Sahil Munjal, Adv., Rhea Gandhi, Adv.

The court can exercise its jurisdiction under Article 142 of the Constitution of India to grant a decree of divorce and dispose of pending cases in accordance with a settlement agreement.

Headnote:

Settlement - Divorce - The court granted a decree of divorce by mutual consent in accordance with the terms of the settlement agreement, which also disposed of pending domestic violence and family court cases.

Fact of the Case:

The parties arrived at an amicable settlement in mediation proceedings at the Supreme Court Mediation Centre, resulting in the grant of a decree of divorce by mutual consent and disposal of pending cases.

Finding of the Court:

The court granted the decree of divorce and disposed of pending cases in accordance with the terms of the settlement agreement.

Issues: Settlement of disputes, grant of divorce by mutual consent, disposal of pending cases

Ratio Decidendi: The court exercised its jurisdiction under Article 142 of the Constitution of India to grant the decree of divorce and dispose of pending cases in accordance with the settlement agreement.

Final Decision: The court granted the decree of divorce by mutual consent and disposed of pending cases as per the settlement agreement.

ORDER

1. It is brought to our notice that the parties have arrived at an amicable settlement of all their disputes in the mediation proceedings at the Supreme Court Mediation Centre, New Delhi. They have also filed a Memorandum of Settlement dated 21.01.2019 duly singed by both the parties, their respective counsel and the learned Mediator. The parties to abide by the terms and conditions mentioned in the Memorandum of Settlement, referred to above, and scrupulously follow them.

2. In terms of the Settlement, the respondent has handed over to the appellant two separate Demand Drafts Nos.519961 & 519962 dated 21.01.2019 for a total sum of Rs.10,00,000/- (Rupees Ten Lacs) in the name of petitioner/Ms. Rupali Agarwal, which has been duly acknowledged by her.

3. As agreed in the Memorandum of Settlement, the decree of divorce is granted exercising our jurisdiction under Article 142 of the Constitution of India. Accordingly, as jointly prayed and agreed by the parties the marriage between Ms. Rupali Agarwal and Mr. Amit Agarwal is dissolved by a decree of divorce by mutual consent .

4. In terms of Settlement Agreement, referred to above, Domestic Violence Case No.MJCR/61/2018 pending before Family Court, Neemuch, Madhya Pradesh, F.C.O.P. No.514 of 2018 pending before Family Court Judge, City Civil Court, Secundarabad and MJC No.63 of 2018 pending before the Court of Neemuch, Madhya Pradesh stand disposed of.

5. Let a copy of the order be sent to the Courts concerned.

6. The application is, accordingly, disposed of.

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