1. Matrimonial dispute — Separation — Settlement agreement for divorce by mutual consent and quashing of pending proceedings. (Para 1 , 2 )
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2021 Supreme(SC) 955
SUPREME COURT OF INDIA
A.M. Khanwilkar, Dinesh Maheshwari, JJ.
Sabita Shashank Singh – Petitioner
Versus
Shashank Shekhar Singh – Respondent
Transfer Petition(S)(Civil) No(S). 908 of 2019
Decided On : 05-04-2021
Important Points
The Supreme Court exercised its inherent powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and quash all pending matrimonial disputes based on a settlement agreement reached through mediation between the parties.
Subject
Family Law - Divorce
Act Referred
Headnote
Constitution of India, 1950 - Article 142 - Grant of divorce by mutual consent - Settlement Agreement - Parties have appeared and interacted with us through video conferencing - They have amicably settled all disputes and have reduced settlement terms into writing in form of Settlement Agreement – Held, Grant decree of divorce by mutual consent to petitioner and respondent. Their undertakings given in settlement agreement are accepted - Marriage between petitioner and respondent solemnized stands dissolved in terms of aforesaid Settlement Agreement - All cases/complaints pending between parties in different Courts, details of which are mentioned of Settlement Agreement shall stand withdrawn to this Court and are quashed/disposed of – Court, once again record and accept undertaking given by parties that they will abide by terms and conditions incorporated in Settlement Agreement and shall not initiate any further civil or criminal case against each other and/or their family members with regard to matrimonial alliance - Transfer Petition disposed of.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashwani Garg, Adv., Mr. Vijay Kumar, AOR
For the Respondent: Mr. Avneesh Arputham, AOR
Advocate Appeared:
For the Petitioner: Mr. Ashwani Garg, Adv., Mr. Vijay Kumar, AOR
For the Respondent: Mr. Avneesh Arputham, AOR
Table of Contents
2. Parties sought dissolution of marriage by mutual consent and quashing of pending matrimonial and criminal proceedings based on a mediated settlement agreement. (Para 2 , 3 )
3. The court found the mediated settlement agreement acceptable and the request for divorce under Article 142 of the Constitution of India justified. (Para 5 )
4. The Supreme Court can exercise its inherent powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent. (Para 5 , 6 )
5. Decree of divorce by mutual consent granted; pending cases quashed; Transfer Petition disposed of. (Para 6 , 7 , 9 )
6. Can the Supreme Court grant a divorce by mutual consent using Article 142?
Yes, the Supreme Court can exercise its inherent powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent, particularly when parties have amicably settled their disputes through mediation. (Para 5 , 6 )
7. Can the Supreme Court quash pending proceedings as part of a matrimonial settlement?
Yes, the court can quash or dispose of pending cases and complaints between parties as part of a comprehensive settlement agreement to ensure a final resolution of matrimonial disputes. (Para 3 , 7 )
8. What is the effect of a settlement agreement accepted by the court in a divorce proceeding?
Once the court accepts the settlement agreement and grants the decree, the marriage is dissolved, and the parties are bound by their undertakings to abide by the terms and not initiate further litigation. (Para 6 , 8 )
JUDGMENT :
1. This Court by its order dated 21.01.2020 directed the parties to appear before the Supreme Court Mediation Centre for resolution of their matrimonial disputes.
2. The parties have appeared and interacted with us through video conferencing. They have amicably settled all the disputes and have reduced the settlement terms into writing in the form of Settlement Agreement, which reads thus:
| IN THE MATTER OF : | |||||
| Transfer Petition (C) No. 908 of 2019 | |||||
| Sabita Shashank Singh | ….PETITIONER | ||||
| VERSUS | |||||
| Shashank Shekhar Singh | ….RESPONDENTS | ||||
| Present : | Ms. Sabita Shashank Singh, alias Sabita Sureshkumar Singh Petitioner-in-person with Mr. Ashwani Garg Advocate for the Petitioner. | ||||
| Mr. Shashank Shekhar Singh with Avneesh Arputham Advocate for the Respondent | |||||
| SETTLEMENT AGREEMENT | |||||
| The parties have agreed to settle the matter between them on the following terms and conditions as per this agreement | |||||
| Between | |||||
| Smt. Sabita shashank Singh alias Sabita Sureshkumar Singh w/o Shri Shashank Shekhar Singh and d/o Shri Sureshkumar Singh R/o 1279, 12th Floor, I-1 Block, Gaur Grandeur, Noida, Sector 119, Uttar Pradesh – 201 301 (hereinafter called the Petitioner/Wife) | |||||
| And | |||||
| Shri Shashank Shekhar Singh s/o Shri Ashok Kumar Singh R/o Flat No. 1703, Bldg. T-98, Amanora Park Town, Hadapsar, Pune-411028 (hereinafter called the Respondent/Husband) | |||||
| WHEREAS the Petitioner and the Respondent got married on 12.12.2008 at Hotel Ramada, Varanasi, Uttar Pradesh, as per Hindu customs and rites and got the marriage registered at Revenue Department, Bommanahalli, Office of the District Magistrate, Bangalore on 19.12.2009 vide Certificate No. BMH-HM731-2009-10. | |||||
| WHEREAS both the parties after marriage lived together and cohabited at Bangalore as husband and wife and no child was born out of the said wedlock. The parties also resided at Pune, Singapore and United States of America during the course of their marriage. | |||||
| WHEREAS some differences arose between the parties and both of them could not reconcile the same and have been living apart/separated from each other since 11.10.2017, and all efforts for reconciliation made by the parties and their relatives, friends and well-wishers have failed. | |||||
| Comprehensive mediation sessions were held with the parties separately and jointly in presence of their respective counsels on 18.02.2020, 19.02.2020, 20.2.2020,17.03.2020, 20.04.2020,09.02.2021,15.02.2021 the Parties have decided to dissolve there marrige on the following terms and conditions. | |||||
| 1. The Parties have agreed to withdraw/Quash/Disposed of the following cases : | |||||
| (i) | Case number: 99/2019 (Gautam Budh Nagar Court) having CNR Number - UPGB020001362019 filed by the Petitioner/Wife for restitution of conjugal rights Respondent/Husband for divorce | ||||
| (ii) | Case Number: A/151/2019 (Pune court) filed by the Respondent/Husband for divorce | ||||
| (iii) | Complaint bearing no. 13539 dated 11.12.2018 filed by Respondent/Husband against the Petitioner/wife in Pune | ||||
| 2. That it is agreed between the parties that they shall file a petition jointly for decree of divorce and withdrawal of the aforesaid cases before Hon'ble Supreme court invoking the inherent power under Article 142 of the Constitution of India for grant of divorce by mutual consent and for withdrawal/Quashing/Disposal of all pending case/complaints between the parties. In case the Hon'ble Supreme Court grants decree of divorce by mutual consent on the same day before the Hon'ble Supreme Court at the time of hearing before the Hon'ble Supreme Court., the husband will pay a sum of Rs. 90,00,000/-(Rs. Ninety Lacs Only) by way of demand draft/RTGS/NEFT in the name of wife Sabita Sureshkumar Singh in ICICI Bank Sector -119 Noida Account No. 250601501313, IFSC Code ICIC0002506 viz | |||||
