1. Marriage under Special Marriage Act — Strained relationship — Petition for divorce and application for maintenance — Multiple criminal and civil litigations between spouses. (Para 2 , 3 )
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2019 Supreme(SC) 2292
SUPREME COURT OF INDIA
R. Banumathi, A.S. Bopanna, JJ.
Rajesh Kshetry - Appellant
Versus
Sompita Kshetry - Respondent
Special Leave Petition (Civil) No. 15720 of 2019
Decided On : 15-11-2019
Advocates Appeared:
Mr. Arvind Kumar Tiwary,Adv. Mr. C. K. Rai, AOR Mr. Sumit Panwar,Adv, for the Appellant; Ms. Anwesha Saha,Adv. Mr. Fuzail Ahmad Ayyubi, AOR, for the Respondent
Mr. Arvind Kumar Tiwary,Adv. Mr. C. K. Rai, AOR Mr. Sumit Panwar,Adv, for the Appellant; Ms. Anwesha Saha,Adv. Mr. Fuzail Ahmad Ayyubi, AOR, for the Respondent
The Court can dissolve a marriage by mutual consent under Section 28 of the Special Marriage Act and exercise its jurisdiction under Article 142 of the Constitution of India to pass a decree of divorce based on an amicable settlement.
Headnote:
Divorce - Special Marriage Act - Amicable Settlement
Fact of the Case:
The petitioner-husband filed for divorce after the relationship with the respondent-wife strained. The respondent-wife filed for maintenance. The parties were referred to mediation, and an amicable settlement was reached, leading to the dissolution of the marriage by mutual consent.
Finding of the Court:
The parties voluntarily settled the matter and prayed for the dissolution of the marriage by mutual consent. The Court, in the interest of justice, exercised its jurisdiction under Article 142 of the Constitution of India to pass a decree of divorce based on the Settlement Agreement.
Issues: Divorce, Maintenance, Settlement Agreement, Jurisdiction under Article 142 of the Constitution of India
Ratio Decidendi: The Court can dissolve a marriage by mutual consent under Section 28 of the Special Marriage Act and exercise its jurisdiction under Article 142 of the Constitution of India to pass a decree of divorce based on an amicable settlement.
Final Decision: The marriage between the petitioner-husband and the respondent-wife was dissolved by mutual consent, and the special leave petition was accordingly disposed of.
Act Referred
CONSTITUTION OF INDIA: Art.142
CRIMINAL PROCEDURE CODE: S.125
DOWRY PROHIBITION ACT: S.3, S.4
INDIAN PENAL CODE: S.498(a), S.406, S.323, S.34, S.341, S.379, S.506
INFORMATION AND TECHNOLOGY ACT: S.66(b), S.66(c), S.66(d)
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT: S.12
SPECIAL MARRIAGE ACT: S.28
CRIMINAL PROCEDURE CODE: S.125
DOWRY PROHIBITION ACT: S.3, S.4
INDIAN PENAL CODE: S.498(a), S.406, S.323, S.34, S.341, S.379, S.506
INFORMATION AND TECHNOLOGY ACT: S.66(b), S.66(c), S.66(d)
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT: S.12
SPECIAL MARRIAGE ACT: S.28
Legal Category Hierarchy
- family law
- constitutional law
- crime and sentencing
- practice and procedure
Table of Contents
2. Husband challenged maintenance order — Parties subsequently sought dissolution of marriage by mutual consent and quashing of pending proceedings based on a settlement agreement. (Para 3 , 5 )
3. The parties voluntarily arrived at an amicable settlement and expressed their willingness to dissolve the marriage by mutual consent. (Para 4 , 5 )
4. The Supreme Court may exercise jurisdiction under Article 142 of the Constitution to dissolve a marriage and quash pending proceedings upon an amicable settlement. (Para 5 , 8 )
5. Marriage dissolved by decree of divorce — Pending criminal FIRs and civil maintenance and domestic violence cases quashed or closed. (Para 6 , 8 )
6. Can the Supreme Court dissolve a marriage by mutual consent using Article 142?
Yes, the Court can exercise its jurisdiction under Article 142 of the Constitution of India to dissolve a marriage and pass a decree of divorce when parties have voluntarily arrived at an amicable settlement. (Para 5 , 8 )
7. Can the Court quash criminal proceedings based on a matrimonial settlement?
Yes, in the interest of justice and upon an amicable settlement between spouses, the Court may quash various criminal FIRs and close pending maintenance or domestic violence cases. (Para 6 )
ORDER
R. Banumathi, J. - We have heard Mr. Arvind Kumar Tiwary, learned counsel appearing for the petitioner-husband and Ms. Anwesha Saha, learned counsel appearing for the respondent-wife and also perused the impugned judgment.
2. The marriage between the petitioner and the respondent was solemnized on 08.08.2011 under the Special Marriage Act. After four years the relationship between the parties strained. The petitioner-husband filed a petition for divorce. The respondent-wife filed an application seeking maintenance. There are other litigations between the parties.
3. The Trial Court ordered payment of maintenance of an amount of Rs.40,000/- per month which the High Court upheld. Being aggrieved, the petitioner-husband has preferred this social leave petition.
4. By Order dated 29.07.2019 we have referred the parties to the Supreme Court Mediation Centre. A report has been received from the Supreme Court Mediation Centre along with the Settlement Agreement dated 28.09.2019 stating therein that the parties have arrived at an amicable settlement.
5. When the matter is taken up for hearing today, the petitioner-husband, Rajesh Kshetry, and the respondent-wife, Sompita Kshetry, are present in the Court in-person. Both the petitioner-husband and the respondent-wife have stated that they have voluntarily and willing settled the matter and prayed that the marriage between them be dissolved by mutual consent in terms of Section 28 of the Special Marriage Act by exercising the power of this Court under Article 142 of the Constitution of India. To that effect an application has also been filed today before the Court under Section 28 of the Special Marriage Act read with Article 142 of the Constitution of India. As per the Settlement Agreement the petitioner-husband has to pay an amount of Rs.35,00,000/- (Rupees Thirty Five Lakhs) to the respondent-wife. The respondent-wife, Sompita Kshetry, who is present in the Court, has stated that she has already received the said amount by way of Demand Draft/Cheque and the entire amount of Rs.35,00,000/- (Rupees Thirty Five Lakhs) has been realised/paid to her. Both the parties have prayed that the appropriate orders be passed in other cases between the parties pending before the various courts.
6. In view of above since the matter has been amicably settled the matter between the parties, we further order that :
(i) FIR No.3 of 2015 dated 25.07.2015 registered at Bidhannagar (Women) Police Station under Sections 498A/406/323/34 of IPC read with Sections 3/4 of Dowry Prohibition Act is quashed;
(ii) FIR NO.151 of 2018 dated 13.06.2018 registered at Adityapur Police Station under Sections 420/406 of IPC read with Sections 66(B)/66(C)/66(D) of the Information Technology Act is also quashed;
(iii) Maintenance Case No.8 of 2016 filed by the respondent-wife under Section 125 of the Cr.P.C. pending before the Judicial Magistrate at Bidhannagar, District North 24 Paraganas, West Bengal, is ordered to be closed;
(iv) Complaint Case NO. 117 of 2019 filed under Section 12 of the Protection of the Women from Domestic Violence Act, 2005 pending consideration before the Judicial Magistrate at Bidhannagar, District North 24 Paraganas, West Bengal, is also ordered to be closed;
(v) Cyber Case, FIR No.25 of 2018 dated 11.04.2018 registered at Cyber Police Station (corresponding to GR Case NO.508 of 2018) under Sections 66/43/84B of the Information Technology Act is quashed;
(vi) FIR No.414 of 2018 dated 17.07.2018 registered at Bijpur Police Station under Sections 341/323/506/34 IPC filed against the parents of the respondent is quashed;
(vii) FIR No.58 of 2018 dated 26.07.2018 registered at Frasergunge Coastal Police Station (corresponding to GR Case no. 1085 of 2018) under Sections 341/323/379/506 IPC filed against the respondent and her mother is quashed; and
(viii) Matrimonial Suit No.121 of 2015 pending for adjudication before the Additional District Judge, 7 th Court at Barasat is closed.
7. The parties
