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2019 Supreme(SC) 2296
SUPREME COURT OF INDIA
A.M. Khanwilkar, Dinesh Maheshwari, JJ.
Manishita Mishra - Appellant
Versus
The State Of Jammu And Kashmir & Anr. - Respondents
Writ Petition (C) No. 274 of 2019
Decided On : 19-08-2019
Mr. P. D. Sharma, AOR, for the Appellant; Mr. Sandeep Tiwari, Adv. Mr. Sudheer Singh, Adv. Ms. Rekha S. Tiwari, Adv. Mr. Nitin Kumar Thakur, AOR, for the Respondent
The court can use its inherent powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and accept settlement agreements.
Headnote:
ORDER - Transfer of Matrimonial Case - Article 32 of the Constitution of India - Settlement Agreement - Section 13-B of the Hindu Marriage Act
Fact of the Case:
The petitioner-wife filed a petition seeking transfer of a matrimonial case from Jammu to Delhi. The parties settled their disputes through mediation and entered into a settlement agreement.
Finding of the Court:
The court accepted the settlement agreement and granted a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act. The court invoked powers under Article 142 of the Constitution of India to grant the decree.
Issues: Transfer of matrimonial case, settlement agreement, grant of divorce by mutual consent
Ratio Decidendi: The court can invoke powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and accept settlement agreements.
Final Decision: The court granted a decree of divorce by mutual consent and ordered the transfer of the matrimonial case to Delhi.
ORDER
1. The petitioner-wife has filed this petition under Article 32 of the Constitution of India seeking transfer of matrimonial case being Suit No. 651/HM Act (bearing registration No. 12651 of 2017) titled as "Sourabh Panhotra vs. Smt. Manishita Mishra" pending before the Additional District Judge (Matrimonial Cases), Jammu to the Court of Competent Jurisdiction at Delhi.
2. Notice in the matter was issued vide order dated 11.03.2019.
3. Vide order dated 26.04.2019, the matter was referred to the Supreme Court Mediation Centre (for short, 'Mediation Centre') for exploring the possibility of settlement.
4. In pursuance of the above order, the Mediation Centre had nominated Ms. Anupama Ahluwalia, Mediator. Due to her sincere efforts, the parties have been able to settle their disputes amicably. The settlement agreement has been reduced into writing.
5. Today, both parties are present-in-person in Court.
6. Learned counsel for both the parties submit that all the disputes and differences between the parties have been amicably settled by the process of mediation and the settlement agreement dated 29.05.2019 may be taken on record. The said Settlement Agreement reads as under:
"SETTLEMENT AGREEMENT
This settlement Agreement (Settlement Agreement) is entered into between Ms. Manishita Mishra, D/o Shri Niti Bhushan Mishra, W/o Shri Sourabbh Panhotra, R/o J-1346A, Palam Vihar, Gurgaon, Haryana-122017 (herein referred to as the Petitioner).
AND
Mr. Sourabh Panhotra, S/o Late Shri Sanjeev Kumar Panhotra R/o 1504, White House Residency, Plot No. 6, Sector - 19B, Dwarka - 110075 (hereinafter referred to as the Respondent No.2).
The marriage between the parties was solemnized on 29.04.2013 at Delhi in accordance with Hindu Custom, rights and ceremonies. There is no issue out of this wedlock. Over a period of time disputes arose between the parties, and the parties have been staying separately since 2017.
The present matter was referred to mediation by Hon'ble Mr. Justice A.M. Khanwilkar and Hon'ble Mr. Justice Aay Rastogi of this Hon'ble Supreme Court vide its Order dated 26.04.2019 passed in the above mentioned matter.
Comprehensive mediation sessions, both joint and single sessions, were held with the parties separately and jointly and with the Counsel of Petitioner on 08.05.2019, 16.05.2019, 21.05.2019 and today i.e. on 29.05.2019.
The parties have voluntarily and with their consent arrived at an amicable settlement for dissolving the marriage by mutual consent through the process of mediation, on the terms and conditions set out hereunder:
1. It is agreed between the parties that they shall not to live together in future as husband and wife and shall dissolve their marriage by mutual consent.
2. It is agreed between the parties that they shall jointly move an application for decree of divorce by mutual consent before this Hon'ble Court invoking the inherent power under Article 142 of the Constitution of India.
3. The following cases are pending between the parties:-
(a) Suit No. 651/HM Act (bearing registration No. 12651 of 2017) titled as "Sourabh Panhotra vs. Smt. Manishita Mishra" pending before the Additional District Judge (Matrimonial Cases), Jammu (filed by the Respondent No.2).
4. Both the parties have agreed that the Respondent shall pay a total of Rs. 22,50,000/-(Rupees Twenty Two Lakh fifty Thousand Only) towards settlement of dues incurred during marriage and thereafter. A demand draft from the amount of Rs. 22,50,000/- (Rupees Twenty Two Lakh Fifty Thousand Only) drawn in favour of Ms. Manishita Mishra shall be given at the time of hearing of this matter before this Hon'ble Court. The parties shall make a joint application for decree of divorce by mutual consent before this Hon'ble Court. Such application shall be made maximum within three months from today (on or before 1 st September, 2019).
5. Respondent No.2 agrees to withdraw all allegations leveled against the Petitioner in the divorce petition filed in Jammu in
