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
| 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 :
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:
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
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.
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