The court can invoke its powers under Article 142 to grant a decree of divorce by mutual consent and dispose of pending legal proceedings based on a settlement agreement.

ORDER

1. Learned counsel for the parties have referred to the settlement agreement executed by and between the parties on 28.02.2023 before the Supreme Court Mediation Centre, New Delhi; the joint application (IA No.47675/2023) supported by affidavits of both the parties; and another application for appropriate order/direction (IA No.73477 of 2023), and have submitted that all the disputes and differences of the parties having been amicably resolved, appropriate and necessary orders may be passed in terms of their agreement.

2. The petitioner-wife has filed the petition [T.P. (C) No.408/2020] under Section 25 of the Code of Civil Procedure, 1908 read with Order XLI of the Supreme Court Rules, 2013, seeking transfer of the petition filed by the respondent-husband for custody of their minor child, being Guardianship Case No.GP-35 of 2018 titled as "Piyush Malik vs. Anjali Malik" from the Family Court, South-East Saket, New Delhi to the Family Court, Jodhpur, Rajasthan.

3. The respondent-husband has also preferred the petitions [T.P.(C) No.882/2020 and T.P. (Crl.) Nos.259-260/2020], respectively under Section 25 of the Code of Civil Procedure, 1908 and Section 406 of the Code of Criminal Procedure, 1973 read with Order XLI of the Supreme Court Rules, 2013, seeking transfer of petitions/applications filed by the petitioner-wife under Section 13 of the Hindu Marriage Act, 1955 being H.M.A.No.900 of 2018 titled as "Anjali Malik vs. Piyush Malik"; under Section 12 of the Protection of Women from Domestic Violence Act, 2005 being Application No.1434 of 2017; and under Sections 498-A and 406 IPC, being Application No.15028 of 2018 in F.I.R. No.07 of 2017 from the respective Courts to the Family Court or any other competent Court in New Delhi.

4. On 29.11.2022, these matters were referred to the Supreme Court Mediation Centre at the request of the parties.

5. On 28.02.2023, the parties amicably resolved all their disputes and differences by entering into a settlement agreement in the presence of the Mediator and their respective counsel after participating in mediation sessions.

6. The parties have moved a joint application (IA No.47675/2023) in this Court with a prayer to dissolve their marriage by a decree of divorce by mutual consent and to quash/close all the matters and proceedings filed and pending between the parties in terms of the Settlement Agreement, by invoking our powers under Article 142 of the Constitution of India.

7. The settlement agreement dated 28.02.2023 reads as under:

"SETTLEMENT AGREEMENT

This Settlement Agreement/MOU made on the 28th day of February 2023 between:

Ms. Anjali Malik D/o Sh. Harish Batra, wife of Sh. Piyush Malik, Aadhar Card No-556690285563 residing at 23B51, Chopasani Housing Board, Jodhpur, Rajasthan (hereinafter referred to as 'First Party')

AND

Mr. Piyush Malik S/o Sh. Umesh Malik, Aadhar Card No-775326760631 residing at G-2/A, Masjid Moth Greater Kailash-II, New Delhi, (hereinafter referred to as 'Second Party').

This Honble Court vide its order dated 29.11.2022 was pleased to refer the matter to Mediation Centre, Supreme Court of India, New Delhi.

Comprehensive mediation sessions were held with the parties separately and jointly on 05.12.2022, 12.12.2022, 12.01.2023, 31.01.2023, 13.02.2023 and today i.e. on 28.02.2023 and with the indulgence of counsels and Mediator, the parties have arrived at an amicable settlement on the following terms and conditions:

The first party named Anjali Malik and the second party named Piyush Malik has agreed and hereby gives their express consent through this Settlement Agreement/MOU that they have no objection in entering into this agreement.

1. That the marriage of the above named parties was solemnized on 06.02.2013 at Jodhpur (Rajasthan) according to Hindu rites and customs. The marriage ceremony was performed at Jodhpur (Rajasthan).

2. That out of the aforesaid wedlock