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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 :
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:
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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