The court can exercise its inherent power under Article 142 of the Constitution of India to grant a decree for divorce by mutual consent and give effect to the terms of a settlement reached between the parties.

ORDER

1. During the course of the mediation before the Supreme Court Mediation Centre, the parties have arrived at a Memorandum of Settlement dated 8 April 2022.

2. The Memorandum of Settlement is extracted below for convenience and reference :

"MEMORANDUM OF SETTLEMENT

The Hon'ble Supreme Court vide order dated 22/10/2021 passed in Transfer Petition (Civil) No. 1726/2021 with Transfer Petition (Criminal) No. 434/2021, referred these matters to Mediation Centre Supreme Court.

In pursuance of the order passed by the Hon'ble Supreme Court, both parties were physically present on 04.12.2021, thereafter matter was taken up virtually on respective dates 08.01.2022, 14.01.2022, 22.01.2022, 02.02.2022, 12.02.2022, 19.02.2022, 26.02.2022, 07.03.2022, 15.03.2022, 24.03.2022, 29.03.2022 and today i.e. 08.04.2022 physically. The Mediation proceedings were concluded between parties and finally both parties are ready to settle the disputes between them by way of signing this memorandum of settlement. Parties are liable to proceed as per terms and conditions mentioned in this Memorandum of Settlement. As such this Memorandum of Settlement is made at Mediation Centre, Supreme Court, New Delhi on this 08th Day of April, 2022.

BETWEEN

SMT. PRAGYA TANDON W/o Shri Dheeraj Arora D/o Sri Satya Narayan Tandon aged about 34 years Resident of Qr. No. 3038, Sector 12 B, Near SBI ATM, PO & PS Sector 12, Bokaro Steel City District- Bokaro, Jharkhand (hereinafter called 'First Party')

AND

SRI DHEERAJ ARORA S/o Sri Kamal Kumar Arora aged about 30 years, Resident of House No. 24/4, Chander Nagar Gate, Alambag Lucknow, Uttar Pradesh (hereinafter called 'Second Party')

WHEREAS the marriage was solemnized between the parties according to the Hindu rites and ceremonies on 06.07.2018 at Lucknow, Uttar Pradesh.

WHEREAS after the solemnization of marriage, both the parties live and cohabited together as husband and wife and the marriage was consummated between the parties, however, no child has born out of the said wedlock.

WHEREAS after the marriage due to the differences of opinion, feelings, personal preference, liking, temperamental attitudes, disputes arose between the parties and the parties started living separately. The parties are living separately since 24.06.2020.

WHEREAS the marriage between the parties has irretrievably broken down due to irreconcilable differences in temperament and they have been living separately now.

WHEREAS ever since the date of separation i.e. 24.06.2020 the parties did not and could never adjust themselves and the relatives and friends of both the parties have tried their level best to persuade the parties but the parties are not at all inclined to live together as husband and wife any further and thus there is no chance of their cohabiting together in future. The parties have thus agreed for dissolution of their marriage by way of obtaining a decree of divorce through mutual consent and have entered into an amicable settlement.

AND WHEREAS both the parties out of their free will without any duress and coercion have settled all disputes, grievances and differences between them amicably on the following terms :

TERMS & CONDITIONS:

1. That it is agreed between the parties that they shall jointly pray for dissolution of marriage as well as disposing of all the matters between the parties before the Hon'ble Supreme Court by making a joint request to the Hon'ble Court invoking its inherent power under Article 142 of the Constitution of India, by way of an appropriate application to be filed jointly by the Parties, (First Party & Second Party) for grant of divorce by mutual consent.

2. That the parties have further agreed that in the eventuality where application under Article 142 of the Constitution of India mentioned above is not allowed by the Hon'ble Supreme Court, the parties shall file a joint petition for divorce by mutual consent at Family Court, Lucknow without any delay. The parties agree and undertake that the first motion for divorce un