The court affirmed that mutual consent and voluntary agreements between parties can lead to the dissolution of marriage and resolution of disputes under Article 142 of the Constitution.

Headnote:
Divorce - Mutual Consent - Article 142, Hindu Marriage Act, 1955 - The court exercised its jurisdiction under Article 142 to dissolve the marriage by mutual consent, emphasizing the importance of amicable settlement and the voluntary nature of the agreement.
Fact of the Case:

The parties, married on 24th May 2021, have been living separately since March 2023 due to marital discord. They entered into a Settlement Agreement on 10th May 2024, agreeing to dissolve their marriage by mutual consent and quash all pending legal proceedings.
Finding of the Court:

The court found that the parties had voluntarily agreed to the terms of the Settlement Agreement, which included a mutual consent divorce and the quashing of all related legal proceedings, thus deeming it appropriate to exercise jurisdiction under Article 142.
Issues: Whether the court should grant a decree of divorce by mutual consent and quash all pending legal proceedings between the parties.
Ratio Decidendi: The court held that the mutual consent of the parties, as evidenced by the Settlement Agreement, justified the dissolution of marriage under Section 13-B of the Hindu Marriage Act, 1955, and the quashing of all related cases.
Result: The marriage is dissolved by a decree of divorce by mutual consent and all related proceedings are quashed.

ORDER :

1. Heard the learned counsel appearing for the parties.

2. Perused the Settlement Agreement dated 10th May, 2024. Both, the petitioner and the respondent attended the hearing through virtual mode. The Settlement Agreement dated 10th May, 2024 has been signed by both of them, the learned counsel representing both the parties and the learned Mediator.

3. Learned counsel for the petitioner-wife has submitted that the total settlement amount is Rs. 2,70,000/-. Out of this Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) have already been received by the petitioner-wife on 10.05.2024 in the Mediation Centre and the balance amount of Rs. 1,20,000/- (Rupees One Lakh Twenty Thousand) have been received by the petitioner-wife today in her HDFC Bank through IMPS RRN No. 419111651762 transferred by the respondent-husband from his account in State Bank of India, towards full and final settlement.

4. We deem it appropriate to extract relevant clauses 1 to 21 of the Settlement Agreement dated 10th May, 2024, which read as under:

“This Settlement Agreement is entered into between Petitioner SHIKHA BANYAL W/O Akashmani Singh D/O Shri Vinod Banyal, R/O. C-254 FLAT NO. SF-1 Shalimar Garden Extension 2 near Mahavir Park Sahibabad Ghaziabad U.P. Phone No. 8860107304 (here in after referred to as First Party) and MR. Akashmani Singh S/O Shri Surjeet Singh R/O, Village Sulpur PO. Bhambla District Mandi Himachal Pradesh. Thathi Village, Near - Com Express New Akhnoor Bridge, Jammu Akhnoor Road Jammu And Kashmir- 181201. M/S Satish Aggarwal & Co., Sua No. 1 Village Malpur Near Ice Cream Shop Akhnoor, Jammun Kashmir-181206 (Working For NHIDCL) Mobile No. 9459044118, 9418674128, 9418507879. (hereinafter referred to as the Second Party)

The expression FIRST PARTY AND SECOND PARTY unless repugnant to the context shall mean and include their respective heirs, successors, nominees and assignees.

AND

1. WHEREAS the First Party and Second Party were married in accordance with Hindu rites and customs on 24.05.2021 at Himachal Pradesh and have been residing separately since March 2023 i.e. for the last around 1½ years no child was born out of this wedlock.

AND

2. The First Party and Second Party had some marital discord which led to the filing of following pending cases:

I. FIR No. 112/2023 dated 30.09.2023 lodged under Sections 498A, 406, 504, 506 IPC and Section 3 & 4 Dowry Prohibition Act, 1961 upon the complaint of First Party at PS Gramin Mahila Thana, Ghaziabad Commissionerate, UP against the Second Party, his mother Smt. Pushpa Devi, father Shri. Surjeet Singh and the trial is pending before the court of Ld. Civil Judge Junior Division, FTC-1 Ghaziabad being Criminal Case No. 4345 of 2024 and the next date is 17.5.2024.

AND

3. This Hon’ble Court was pleased to relegate the parties to mediation vide Order dated 13.03.2024 passed in T.P. (Civil) No. 2428 of 2023 (Shikha Banyal vs. Akashmani Singh).

AND

4. The parties agreed that Ms. Babita Sant, Advocate would act as their Mediator respectively in the present mediation proceedings.

AND

WHEREAS comprehensive mediation sessions were held with the Parties and their respective Counsels during the process of mediation

AND

5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at a Settlement which is being recorded hereunder:

(I) The First Party and Second Party have agreed and decided to dissolve their marriage by seeking a decree of divorce by mutual consent by invoking the jurisdiction of this Court under Article 142 of the Constitution of India.

(II) The First Party and Second Party have agreed and decided to jointly file an appropriate application before this Hon’ble Court under Article 142 of the Constitution of India seeking quashing of all proceedings as mentioned herein above instituted by them against each other and their respective family members or any other proceedings whatsoever instituted by the both parties till date.

(III) Since the marriage between the