Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1458

SUPREME COURT OF INDIA
A.M. Khanwilkar, Abhay S. Oka, JJ.
Rakesh Kumar – Appellant
Versus
Savita Rani Etc. – Respondent
I.A. No. 133797 of 2021 in/and Transfer Petition (Crl.) Nos. 609-611 of 2019
Decided On : 06-05-2022

Advocates appeared:
Mr. S.K. Nanda, Advocate, Mr. Swagat Nanda, Advocate, Ms. Monalisa Mishra, Advocate, Mr. Shivam Sharma, Advocate, Mr. Armaan Bhrdwaj, Advocate, Mr. Ravinder Kumar Rathee, Advocate, Dr. Sushil Balwada, Advocate, For the Appellant / Mr. Rakesh Mishra, Advocate, Mr. Sandeep Kumar Dwivedi, Advocate, Ms. Savitri Verma, Advocate, Mr. Alok Kumar Pandey, Advocate, Mr. Raghvendra Upadhyay, Advocate, Mr. Kisalaya Shukla, Advocate, Mr. Pradeep Kumar Dwivedi, Advocate, Ms. Nidhi Aggarwal, Advocate, Ms. Neelam Singh, Advocate, Mr. Sameer Singh, Advocate, Mr. Neeraj Kumar Sharma, Advocate, For the Respondent.

The court can exercise its plenary powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and accept settlement agreements between parties, leading to the withdrawal and quashing of pending cases.

Headnote:
Settlement Agreement - Divorce by Mutual Consent - Cases Withdrawn - [HINDU MARRIAGE ACT, 1955 - Section 13B, Article 142 of the Constitution of India] - The court granted a decree of divorce by mutual consent and accepted the settlement agreement between the parties, leading to the withdrawal and quashing of all pending cases. The settlement agreement included provisions for alimony, property vacation, and withdrawal of cases.
Fact of the Case:

The parties to the settlement agreement were married as per Hindu rites and customs in 2002 but had been living separately since 2010. Various cases were pending between them, including a divorce petition, criminal cases, and cases under the Protection of Women from Domestic Violence Act and Section 125 of the CrPC. The parties reached a settlement agreement for divorce by mutual consent and withdrawal of all pending cases.
Finding of the Court:

The court granted a decree of divorce by mutual consent and accepted the settlement agreement, leading to the withdrawal and quashing of all pending cases. The court also acknowledged the efforts of the mediator in facilitating the settlement.
Issues: The main issue was the resolution of disputes between the parties, including the divorce by mutual consent and withdrawal of pending cases.
Ratio Decidendi: The court exercised its plenary powers under Article 142 of the Constitution of India to grant the decree of divorce by mutual consent and accepted the settlement agreement as genuine and deserving of being acted upon. The court emphasized the importance of the parties abiding by the terms and conditions of the settlement agreement.
Final Decision: The court granted a decree of divorce by mutual consent, accepted the settlement agreement, and ordered the withdrawal and quashing of all pending cases between the parties.

ORDER

1. The parties have amicably resolved all their disputes under the guidance of the Court Appointed Mediator, Ms. N. Annapoorani.

The Settlement Agreement has been arrived at between the parties and the same is duly executed by the parties as well as their advocates. The parties are personally present in Court and have stated that they have signed the settlement agreement with full understanding and without any pressure or coercion from any quarter. We are satisfied that the settlement agreement is genuine and needs to be acted upon by the parties.

Accordingly, the parties jointly pray that these proceedings and all other proceedings referred to in the settlement agreement stand disposed of in terms of this order.

The settlement agreement read thus:-

"SETTLEMENT AGREEMENT

This Settlement Agreement is entered into between:-

Mr. Rakesh Kumar S/o Late Shri Mamraj R/o 326, Near Girls School, Post Office JNU Village Munirka, New Delhi - 110067.

AND

Ms. Savita Rani W/o Mr. Rakesh Kumar D/o Late Shri Rampal Singh, R/o Mohalla Peerwala, Village & Post Asauda, Tehsil Hapur Police Station Dehat (Rural) District Ghaziabad, Uttar Pradesh.

The marriage between the parties to the Settlement Agreement was solemnized as per Hindu rites and customs on 22.02.2002 at Hapur, Uttar Pradesh. Disputes and differences arose between the parties hereto and the parties are living separately since May, 03, 2010. Out of this wedlock there is no issue/child.

On a T.P. (Crl) No. 609-611 of 2019 filed by the husband before this Hon'ble Court, vide order dated 01.03.2021 by Hon'ble Mr. Justice Aniruddha Bose, this matter was referred for mediation.

That comprehensive mediation sessions collectively & separately between the parties were held on 20.03.2021, 10.04.2021, 07.07.2021 and today i.e. 12.03.2021 and parties have entered into a final settlement.

The following matter are pending between the parties:-

The Petitioner-husband filed the following cases as under:-

i) Case No. MAT, APP.(F.C) 122/2020 Pending before high court of Delhi challenging judgment dated 29-01-2020 in the Divorce Petition H.M.A Petition No.173/2011 whereby the divorce petition of the husband was dismissed.

ii) T.P. (Crl.) No. 609-611 of 2019 before this Hon'ble Court.

The Respondent-wife has also filed the following cases as under:-

i) Criminal case No.205 of 2013 Pending before Ld. ACJM, Hapur. U/s 498A,323, 504 , 506 of Indian Penal Code.

ii) Case No.207 of 2013 Under Section 12 of the protection of Women from Domestic Violance Act, before the Ld. ACJM Hapur

iii) Case No.230 of 2019 U/s 125 Cr.PC before Family Court Judge Hapur.

Finally the matter is settled on 12.08.2021 as per the memorandum of understanding which is as under:-

1. (I) The Petitioner and the Respondent have agreed to end their marriage by way of divorce by mutual consent.

(II) Since both the parties are from different states they have agreed to file appropriate application under Article 142 of Constitution of India before this Hon'ble Court to put a quietus to all the aforesaid cases.

(III) In lieu of the expenses and the stridhan, the Respondent-husband has agreed to pay a sum of Rs. 25,00000/- (Rupees Twenty Five Lakh Only) as full and final settlement, past, present future and permanent alimony by way of demand draft drawn in name of Savita Rani Account NO. 1305101035516, IFSC No.CNRB0001305, Canara Bank payable at Munirka Branch New Delhi. it is further agreed that except this amount of Rs. 25,00.000/- and the legal expenses (if so Required), the husband is not liable to pay any other amount whatsoever to the wife.

(IV) Both the parties agree the demand draft will be handed over to the Respondent /wife or her Counsel before this Hon'ble Court on the date of hearing of such application.

(V) In lieu of this the Respondent-wife agreed to withdraw the pending cases filed against her husband and the Petitioner-husband has also agreed to withdraw the cases filed by him, if any.

(VI) It is agreed that the wife shall vacate the

Click Here to Read the rest of this document