1. Matrimonial dispute — Settlement reached through mediation — Application for divorce by mutual consent under Section 13-B, Hindu Marriage Act and Article 142, Constitution of India. (Para 1 , 2 )
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2023 Supreme(SC) 1762
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA, JJ.
Mayukh Datta – Petitioner
Versus
Garima Valecha – Respondent
Transfer Petition (Civil) No. 1233 of 2022
Decided On : 03-07-2023
Important Points
The Supreme Court exercised its extraordinary jurisdiction under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent, based on a comprehensive settlement agreement reached between the parties through the Supreme Court Mediation Centre.
Subject
Family Law - Divorce and Custody
Act Referred
Headnote
(A) Article 142 of the Constitution of India - Hindu Marriage Act, 1955 - Section 13-B - Divorce by mutual consent - The parties reached a settlement agreement during mediation, declaring the dissolution of marriage, custody arrangements for minor children, and financial obligations. The Supreme Court issued a decree of divorce in accordance with the settlement terms. (Paras 3, 4, 17 and 24)
(B) Child custody - Legal and physical custody was awarded solely to the wife, allowing the husband visitation rights, subject to mutual convenience and the children's schedule. The mother is authorized to make all decisions regarding the children's welfare. (Paras 6 and 7)
(C) Settlement Agreement - Parties acknowledged that there are no further claims against each other, and agreed to withdraw all pending litigation, ensuring compliance with the settlement terms. (Paras 22 and 25)
(B) Child custody - Legal and physical custody was awarded solely to the wife, allowing the husband visitation rights, subject to mutual convenience and the children's schedule. The mother is authorized to make all decisions regarding the children's welfare. (Paras 6 and 7)
(C) Settlement Agreement - Parties acknowledged that there are no further claims against each other, and agreed to withdraw all pending litigation, ensuring compliance with the settlement terms. (Paras 22 and 25)
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioners: Nandadevi Deka, Kwanpreet, Rituraj Choudhary, Rituraj Biswas
For the Respondent: Gagan Gupta
Advocate Appeared:
For the Petitioners: Nandadevi Deka, Kwanpreet, Rituraj Choudhary, Rituraj Biswas
For the Respondent: Gagan Gupta
Table of Contents
2. Parties mutually agreed to dissolve the marriage by mutual consent and settle all claims regarding custody, maintenance, and assets. (Para 2 )
3. The court observed the mutually expressed desire of the parties to dissolve the marriage and the settlement reached through the mediation process. (Para 4 )
4. The Supreme Court may exercise its jurisdiction under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent. (Para 4 )
5. Decree for divorce by mutual consent granted under Article 142 of the Constitution; parties directed to comply with settlement terms; Transfer Petition disposed of. (Para 4 , 5 , 6 , 7 )
6. Under what circumstances can the Supreme Court grant a decree of divorce by mutual consent?
The Supreme Court may grant a decree of divorce by mutual consent by exercising its jurisdiction under Article 142 of the Constitution of India, taking into account the facts and circumstances of the case and the mutually expressed desire of the parties. (Para 4 )
ORDER :
1. During the course of the mediation proceedings before the Mediation Centre of the Supreme Court, a settlement has been arrived at between the parties. The settlement has been signed by the parties and by the Advocates and by the Mediator.
2. For convenience of reference, the settlement is extracted below:
“This Settlement Agreement is entered into between the Petitioner, Mr. Mayukh Datta S/o Sh. R.K. Dalln, R/o C-404, Sai Mitra Meadows, Opposite KGKV School, IA Cross, Kaggadasapura, CV Raman Nagar, Bcngaluru (Bangalore), Karnataka (Hereinafter referred as Respondent-Husband) and Ms. Garima Valecha W/o Mayukh Datta and D/o Sh. Dev Kumar Valecha, House/Plot No. 3, Block C-3, Opposite House No. 1047, Near Chou, Shani Mnndir, Town and Tehsil Rajpura, District Patiala 140401, Punjab, presently residing at/1427, 5050, Hacienda Dr. Emerald Park, Dublin CA 94568 UNITED STATES OF AMERICA (Hereinafter referred as Petitioner-Wife) and collectively referred to as the Parties:
1. The marriage between both the Petitioner-Husband and Respondent-Wife was solemnized as per Hindu rites and customs on 28.01.2007 in Patiala, Punjab, India. Both the parties resided together as husband and wife up to June 2020. Thereafter, the disputes and differences arose between the parties hereto and they started living separately and are living separately since July 2020.
2. That there are two daughters from the said wedlock namely Anushka Datta and Ashwika Datt. Anushka Datta was born on 12.08.2008 and Ashwika Datta was born on 24.02.2013. Both the girls are minors and are in care and custody of the Respondent-Wife.
3. Vide order dated 13.10.2022 passed by Hon'ble Mr. Justice A.S. Bopanna and Hon'ble Mr. Justice Vikram Nath, this matter had been referred to Supreme Court Mediation Centre and the parties were directed to appear either physically or through Video Conferencing on 03.11.2022 at 11:00 a.m. before Supreme Court Mediation Centre.
4. That the comprehensive mediation sessions were held through Video Conferencing with the parties on 3.11.2022, 10.11.2022, 17.11.2022, 29.11.2022, 13.12.2022, 06.01.2023, 07.01.2023, 09.01.2023, 04.02.2023, 17.03.2023 by Video Conferencing and today i.e., on 17.04.2023 the parties have entered into this final settlement/agreement on the following terms & conditions:
5. That both the parties hereto confirm and declare that they have, voluntarily and of their own free will have decided not to live together as wife and husband and have decided to dissolve their marriage by mutual consent. Both the parties have arrived at this Settlement in the presence of the Mediator, the counsel for the Petitioner and Counsel for the Respondent.
6. That it has been agreed and undertaken that exclusive and sole legal custody of the two daughters Anushka Datta and Ashwika Datta shall remain with the Respondent-Garima Valecha. The Petitioner-Mayukh Datta shall be at liberty to remain in telephonic/Video Conferencing touch and contact with the two daughters subject to their schedule and mutual convenience and the Respondent-Garima Valecha shall have no objection to the same. Further the Respondent-Garima Valecha undertakes that she shall bring the two daughters once every 18 months (one and a half years) (computed from the date of execution of this settlement agreement) at her own expense to India at her paternal home in Rajpur, Patiala from where the Petitioner-Mayukh Datta shall have the right to collect and pick the two daughters and to spend at least 15-20 days with them, at his own expense, and subject to the mutual convenience and comfort level of the two daughters. The Petitioner will be however informed at least one month in advance of the children's visit to India to enable the Petitioner to make necessary arrangements for their stay etc.
7. It is mutually agreed that sole and exclusive physical and legal custody of both the daughters of the parties shall remain with the Respondent Garima Valecha. In other words, the Respondent Garim
