1. Settlement deed for divorce by mutual consent — Request for conversion of pending family court petition. (Para 1 , 2 , 3 )
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2022 Supreme(SC) 758
SUPREME COURT OF INDIA
ABHAY S. OKA, J.
Surbhi Sharma – Appellant
Versus
Ranjeet Sharma - Respondent
Transfer Petition(s)(Civil) No.545/2020
Decided on : 25-02-2022
Important Points
The court's decision was based on the provisions of Section 13(B) of the Hindu Marriage Act, 1955, allowing for the conversion of the pending petition into a petition for divorce by mutual consent in accordance with the settlement deed.
Subject
Family Law - Divorce by Mutual Consent
Act Referred
Headnote
Divorce - Settlement Deed - The court disposed of the petition by directing the parties to appear before the Family Court to convert the pending petition into a petition for divorce by mutual consent in accordance with the settlement deed.
Fact of the Case:
The parties have resolved all their disputes in terms of the settlement deed, which provides for passing a decree of divorce by mutual consent.
Finding of the Court:
The court disposed of the petition by directing the parties to appear before the Family Court to convert the pending petition into a petition for divorce by mutual consent in accordance with the settlement deed.
Issues: Conversion of pending petition into a petition for divorce by mutual consent
Ratio Decidendi: The court's decision was influenced by the settlement deed and the joint prayer made by the parties, allowing for the conversion of the pending petition into a petition for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955.
Final Decision: The court directed the parties to appear before the Family Court to convert the pending petition into a petition for divorce by mutual consent in accordance with the settlement deed.
Legal Category Hierarchy
Table of Contents
2. Joint prayer for converting the pending petition into a petition for divorce by mutual consent. (Para 1 , 3 )
3. The court observed that parties resolved all disputes via a settlement deed providing for divorce by mutual consent. (Para 1 , 2 )
4. Pending matrimonial proceedings may be converted to a petition under Section 13(B) of the Hindu Marriage Act, 1955, with pendency treated as the cooling period. (Para 4 )
5. Petition disposed of; Family Court directed to convert the pending petition into a petition under Section 13(B) of the Hindu Marriage Act, 1955. (Para 4 )
6. Can a pending matrimonial petition be converted into a petition for divorce by mutual consent?
Yes, upon a joint prayer and the execution of a settlement deed, the court may convert a pending petition into a petition for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. (Para 4 )
7. Can the pendency of a prior petition be counted towards the statutory cooling period for mutual consent divorce?
Yes, the court may direct that the period of pendency of the converted petition be treated as the cooling period provided under Section 13(B) of the Hindu Marriage Act, 1955. (Para 4 )
ORDER :
1. Along with I.A. No. 170013 of 2021, a copy of settlement deed dated 24th December, 2021 duly signed by the parties to the petition has been placed on record. Both the learned Counsel appearing for petitioner and learned Counsel appearing for respondent state that the parties have resolved all their disputes in terms of the settlement deed.
2. Clause 3 of the settlement deed provides for passing a decree of divorce by mutual consent.
3. The prayer in the aforesaid I.A. is for converting the petition pending before the Principal Judge, Family Court, Bengaluru into a petition for divorce by mutual consent.
4. Hence, I dispose of the petition by passing the following order:
i. A copy of the settlement deed dated 24th December, 2021 is taken on the record. Parties are directed to appear either physically or through Video conference before the Family Court at Bengaluru on 4th March, 2022 at 10:30 am. The Settlement shall be filed on record of the Family Court.
ii. On the joint prayer made by the parties, the Family Court shall convert the pending petition into a petition under Section 13(B) of Hindu Marriage Act, 1955. The period of pendency of the petition shall be treated as a cooling period as provided in Section 13(B). The family court shall proceed to pass a decree in terms of the settlement.
