1. Transfer petition — Matrimonial dispute — Settlement for dissolution of marriage by mutual consent — Pending criminal and civil proceedings. (Para 1 , 3 , 5 )
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2022 Supreme(SC) 1448
SUPREME COURT OF INDIA
Dinesh Maheshwari, Aniruddha Bose, JJ.
Raksha Tiwari – Appellant
Versus
Amar Prakash Tiwari – Respondent
Transfer Petition (C) No. 229 of 2021
Decided On : 04-05-2022
Important Points
The court can exercise its powers under Article 142 of the Constitution of India to dissolve a marriage by mutual consent and quash legal proceedings as per the terms of a settlement agreement.
Subject
Family Law - Divorce and Settlement
Act Referred
Headnote
Divorce - Settlement Agreement - Hindu Marriage Act - Section 13(1), Article 142 - Quashing of Legal Proceedings
Fact of the Case:
The parties to the litigation arrived at a settlement for dissolution of their marriage by mutual consent, which was reduced to writing. The settlement included the payment of a lump sum amount towards permanent alimony, opening of a bank locker to collect belongings and ornaments, and quashing of various legal proceedings pending against each other.
Finding of the Court:
The court accepted the terms of settlement and dissolved the marriage by a decree of divorce by mutual consent. It also quashed the other legal proceedings as per the terms of the settlement agreement.
Issues: The main issue was the dissolution of the marriage by mutual consent and the settlement of various legal proceedings pending between the parties.
Ratio Decidendi: The court exercised its powers under Article 142 of the Constitution of India to dissolve the marriage by mutual consent and quash the legal proceedings as per the terms of the settlement agreement.
Final Decision: The court disposed of the matter in accordance with the terms of the settlement agreement, and all pending applications were also disposed of.
Legal Category Hierarchy
Advocates appeared:
Mr. Saquib, Advocate, Ms. Shomila Bakshi, Advocate and Mr. Hemant Kumar Tiwari, Advocate, For the Appellant / Mr. Rajeev Kumar Dubey, Advocate and Ms. Saroj Tripathi, Advocate, For the Respondent.
Mr. Saquib, Advocate, Ms. Shomila Bakshi, Advocate and Mr. Hemant Kumar Tiwari, Advocate, For the Appellant / Mr. Rajeev Kumar Dubey, Advocate and Ms. Saroj Tripathi, Advocate, For the Respondent.
Table of Contents
2. Parties jointly sought dissolution of marriage by mutual consent and quashing of pending criminal and civil proceedings pursuant to a written settlement agreement. (Para 2 , 5 )
3. The court observed that in the totality of circumstances, it was just and proper to accept the settlement terms and dissolve the marriage. (Para 6 )
4. The court may exercise powers under Article 142 of the Constitution of India to dissolve a marriage and quash related proceedings to achieve justice. (Para 6 )
5. Marriage dissolved by decree of divorce by mutual consent — Related criminal and civil proceedings quashed — Bank locker access granted. (Para 6 , 8 )
6. Can the court dissolve a marriage by mutual consent using Article 142 of the Constitution of India?
Yes, the court can exercise its powers under Article 142 of the Constitution of India to dissolve a marriage by a decree of divorce by mutual consent when it appears just and proper in the totality of the circumstances. (Para 6 )
7. May the court quash pending criminal and civil proceedings as part of a matrimonial settlement?
Yes, in the interest of justice and based on the terms of a mutual settlement, the court may quash various legal proceedings, including criminal complaints and domestic violence applications, pending between the parties. (Para 6 )
ORDER
1. In this petition seeking transfer of HMA No. 144 of 2020 titled Amar Prakash Tiwari v. Raksha Tiwari pending before the Principal Judge, Family Courts, Varanasi, Uttar Pradesh, the parties to the litigation have arrived at a settlement, which was reduced in writing on 09.09.2021.
2. The parties are present before the Court and are duly identified by their respective counsel. They have reiterated the terms of settlement and have agreed to abide by the same.
3. The Memorandum of Settlement executed on 09.09.2021, duly attested by two witnesses, respectively the father of the petitioner and the uncle of the respondent, and also duly notorised, reads as under: -
"MEMORANDUM OF SETTLEMENT
This Memorandum of Settlement is made at New Delhi on this the ........ day of August, 2021
BETWEEN
Mrs. Raksha Tiwari W/o Sh. Amar Prakash Tiwari D/o Sh. Vinod Mishra, R/o Sigramau, District Jaunpur (U.P.) at present residing at 46-A, Shanti Bhawan, opposite Kurla Kamgar N. Cooperative Society. S.G. Barve Marg, Kurla (E), Mumbai(hereinafter referred as "First Party")
AND
Mr. Amar Prakash Tiwari S/o Late Kailash Nath Tiwari R/o Village Ugapur, Aurai, Post Office Aurai, District Bhadohi, U.P. (hereinafter referred as "Second Party")
The expression "First Party" and "Second Party" wherever they appear hereinafter are collectively referred to as "Parties".
WHEREAS the marriage between the parties hereto was duly solemnized as per Hindu rites and customs on 04.02.2016 at Varanasi, U.P. There is no issue born out of the wedlock between the parties.
AND WHEREAS certain irreconcilable disputes and differences arose between the parties during their stay together and thereby resulting in the First Party leaving her matrimonial house since 01.02.2020 and the First Party has been staying with her parents at Mumbai, Maharashtra since then.
AND WHEREAS the acrimonious relationship between the parties led to filing of various litigation against each other which are pending before the Hon'ble Supreme Court of India, District Courts at Mumbai, Maharashtra and District Court at Varanasi (U.P.).
AND WHEREAS due to mediation efforts made by family efforts of both the parties, they have come to mutual understanding to separate and come out of their wedlock by mutual consent.
NOW THEREFORE THE PARTIES HERETO have reached mutual agreement to file an application for dissolution of their marriage by decree of divorce by mutual consent under Section 13(1) of the Hindu Marriage Act read with Article 142 of the Constitution of India in Transfer Petition (Civil) No. 229 of 2021 titled as "Raksha Tiwari Vs. Amar Prakash Tiwari" pending before the Hon'ble Supreme Court of India, for final settlement of the matter on following terms and conditions: -
1. Both the Parties hereto confirm and declare that they have voluntarily and out of their own free will and consent, decided not to live together as husband and wife and have arrived at this Settlement. Both the parties have decided to dissolve their marriage solemnized on 04.02.2016 by filing divorce petition before the competent court or through appropriate application before the Hon'ble Supreme Court of India.
2. It is agreed between the parties that the Second Party -husband shall pay a lumpsum amount of Rs. 2,00,00,000/-(Rupees Two Crore only) towards permanent alimony to the First Party - wife. This amount shall be full and final settlement amount agreed by the parties. It is further agreed that a sum of Rs. 1,00,00,000/- (Rupees One Crore only) out of the above amount shall be paid by the Second Party - Husband at the time of filing divorce petition before the competent court or through appropriate application to be filed before the Hon'ble Supreme Court of India and the remaining balance amount of Rs. 1,00,00,000/- (Rupees One Crore only) shall be paid by the Second Party - Husband to the First Party - Wife on the date of final hearing of the aforesaid petition / application, as the case may be, through a Bank Draft in the favour
