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D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Mayukh Datta – Appellant
Versus
Garima Valecha – Respondent
| Table of Content |
|---|
| 1. parties reached a settlement in mediation. (Para 1 , 2) |
| 2. court grants divorce by mutual consent. (Para 3 , 4) |
| 3. custody and support arrangements post-divorce. (Para 5 , 6 , 7) |
| 4. financial obligations payable by petitioner. (Para 8 , 9 , 10 , 11 , 12) |
| 5. transferring property rights and procedures. (Para 13 , 14 , 15 , 16) |
| 6. agreements to not file future legal claims. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 7. confirmation of finality and understanding of settlement. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
ORDER :
2. For convenience of reference, the settlement is extracted below:
| (Mr. Mayukh Datta) | (Ms. Garima Valecha) |
| (Mr. Rituraj Biswas) | (Mr. Gagan Gupta, Advocate) |
| (Ms Nanda Devi Deka) | Advocate for the Respondent |
| Advocates for the Petitioner | (Ms. Manjula Gupta) Mediator |
4. Having regard to the facts and circumstances of the case and the mutually expressed desire of the parties, we order and direct that there shall be a decree for divorce by mutual consent in the exercise of the jurisdiction of this Court under Article 142 of the Constitution. Both the parties shall comply with their respective obligations in terms of
Dissolution of marriage through mutual consent is enforceable under Article 142, allowing for withdrawal of claims and setting custody arrangements.
Divorce by mutual consent requires both parties to agree on terms, including financial settlements, and can lead to quashing of all related pending cases.
The court granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement.
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.
The judgment emphasizes the significance of mutual consent in divorce proceedings under the Hindu Marriage Act, 1955, and the court's authority to dissolve a marriage under Article 142 of the Constit....
The court can exercise its powers under Article 142 of the Constitution of India to dissolve a marriage by mutual consent and quash legal proceedings as per the terms of a settlement agreement.
The court can invoke its powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and quash criminal proceedings based on a settlement agreement.
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 t....
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