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2024 Supreme(SC) 501

B. R. GAVAI, SANDEEP MEHTA
Trisha Singh – Appellant
Versus
Anurag Kumar – Respondent


Advocates appeared:
For the Petitioner(s): Dr. Arvind S. Avhad, AOR
For the Respondent(s): Mr. Paban K Sharma, Adv. Mr. Himanshu Shekhar, AOR Mr. Pranab Kumar Nayak, Adv. Mr. Anchit Sripat, Adv. Mr. Arvind Kumar, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The case involves a petition for transfer of a matrimonial case filed under the Hindu Marriage Act, 1955, which was ultimately dismissed for want of prosecution and later restored for amicable settlement discussions (!) (!) .

  • The parties, petitioner-wife and respondent-husband, reached an amicable settlement before a mediator, agreeing to dissolve their marriage by mutual consent and outlining specific terms for the settlement, including payment of alimony and division of belongings (!) (!) .

  • The respondent-husband committed to paying a total permanent alimony of Rs. 1.15 crore, having already paid Rs. 50 lakh, with the remaining payments scheduled as per the settlement agreement (!) (!) (!) .

  • The respondent-husband paid Rs. 20 lakh for the support of his child and Rs. 50 lakh to the petitioner-wife, fulfilling part of the settlement terms (!) (!) .

  • The petitioner-wife initially accepted the settlement and the partial payments but later attempted to resile from the agreement without justification, disregarding the terms agreed upon before the mediator and the Court (!) (!) .

  • The Court observed that the conduct of the petitioner-wife was recalcitrant and had caused significant disadvantage to the respondent-husband, who had already withdrawn the matrimonial case and paid substantial alimony based on the settlement (!) .

  • The respondent-husband expressed his intention to abide by the remaining terms of the settlement and make the scheduled payments if the marriage is dissolved (!) .

  • The Court referenced prior similar cases and emphasized that when parties have entered into a settlement, especially one that has been executed voluntarily and with full knowledge, attempts to resile from such agreements are viewed unfavorably, especially if the conduct amounts to abuse of process (!) (!) (!) (!) (!) .

  • The Court concluded that the matrimonial relations had broken down irretrievably, with no possibility of reconciliation, and exercised its powers under Article 142 of the Constitution to dissolve the marriage (!) .

  • The Court ordered that the remaining payments under the settlement be made by the respondent-husband, the marriage be dissolved, and the decree be prepared accordingly, with no order as to costs (!) (!) (!) (!) .

  • All pending applications were disposed of, and the case was resolved in accordance with these findings (!) .

Please let me know if you need further analysis or assistance.


1. The instant transfer petition came to be preferred by the petitioner-wife seeking transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 being Matrimonial Case No. 2172/2022 titled as ‘Anurag Kumar S/o Ravindra Nath Sharma Vs. Trisha Singh’, pending before the Court of 7-Principal Judge, Family Court, Varanasi, U.P. to the Family Court at Pune, Maharashtra.

2. The transfer petition was dismissed for want of prosecution on 26th July, 2023. Subsequently, vide order dated 21st August, 2023, the transfer petition was restored to its original number and on the request of learned counsel for the parties, the matter was forwarded to the Supreme Court Mediation Centre for exploring the possibility of an amicable settlement between the parties. Pursuant to the efforts made by the Mediator, the parties had arrived at a settlement which was signed by the petitioner-wife and the respondent-husband before Shrabani Chakrabarty, Advocate/Mediator, Supreme Court Mediation Centre on 26th February, 2024. The relevant terms and conditions of the settlement agreement which in entirety shall form a part of this order are reproduced below: -

    “5. Both th


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