1. Matrimonial dispute — Settlement agreement reached between parties — Petition for dissolution of marriage. (Para 2 , 4 , 6 )
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2024 Supreme(SC) 1287
SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ.
Kamlesh – Appellant
Versus
Harish Kumar and Another – Respondents
M.A. No. 2090 of 2024, Criminal Appeal No. 4494 of 2024 [Arising Out of S.L.P. (Criminal) No. 343 of 2024]
Decided On : 25-10-2024
Advocates:
Advocate Appeared:
For the Appellants : Praveen Kumar Bajaj, Randhir Kumar Ojha
For the Respondents: Anil Kumar Verma, Shailendra Babbar, Mukesh Kumar Verma, Ravindra Kumar, Sumit Anchal, Bobby Rajput, Meghraj Singh, Ajay Agarwal, Ashutosh
Advocate Appeared:
For the Appellants : Praveen Kumar Bajaj, Randhir Kumar Ojha
For the Respondents: Anil Kumar Verma, Shailendra Babbar, Mukesh Kumar Verma, Ravindra Kumar, Sumit Anchal, Bobby Rajput, Meghraj Singh, Ajay Agarwal, Ashutosh
The court dissolved the marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, acknowledging the Settlement Agreement between the parties.
Headnote:(A) Hindu Marriage Act, 1955 - Section 13-B - Divorce by mutual consent - The marriage between Kamlesh and Harish Kumar, solemnized on 7th December, 1990, is dissolved by mutual consent as per the Settlement Agreement dated 19th October, 2024, signed by both parties and their children - The court exercises its power under Article 142 of the Constitution of India to dissolve the marriage considering the long separation of the parties - Three Demand Drafts totaling Rs. 25,00,000/- were handed over to the daughter in court, acknowledging the settlement - All pending cases related to the parties are disposed of in terms of this order. (Paras 5, 7, 8, 10)
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2. Parties have resided separately for a considerable time, justifying the dissolution of marriage. (Para 5 )
3. The Supreme Court may exercise its extraordinary powers under Article 142 of the Constitution of India to dissolve a marriage. (Para 5 )
4. Marriage dissolved by decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, and related proceedings disposed of. (Para 7 , 8 , 9 , 10 )
5. Can the Supreme Court dissolve a marriage using Article 142 of the Constitution?
Yes, the Court may exercise its power under Article 142 of the Constitution of India to dissolve a marriage, particularly when parties have resided separately for a long time and have reached a settlement. (Para 5 )
6. Can a settlement agreement be incorporated into a divorce decree?
Yes, the terms of a settlement agreement signed by the parties can be ordered to form part of the final decree. (Para 8 )
7. Does a mutual divorce settlement allow for the disposal of related criminal and civil litigation?
Yes, an overall settlement of all subsisting disputes accompanying a decree of divorce can lead to the disposal of related proceedings, including those under the Domestic Violence Act and civil suits. (Para 7 )
ORDER :
1. Order dated 27th September, 2024 dismissing the Special Leave Petition is recalled. The Special Leave Petition is restored to its original number. Miscellaneous Application stands disposed of.
2. The Settlement Agreement dated 19th October, 2024 is tendered on record by the learned counsel appearing for the parties.
3. Leave granted.
4. It is an admitted position that the Settlement Agreement is signed by the appellant, her son Mayank and her daughter as Uma. Ms. Uma is present in the Court. It is an accepted position that the Settlement Agreement is signed by the first respondent.
5. Considering the fact that the appellant and the first respondent are residing separately for considerably long time, we accede to the request of dissolving the marriage between the parties by exercising power of this Court under Article 142 of the Constitution of India.
6. It is not in dispute that three Demand Drafts amounting to Rs. 25,00,000/- (Rupees twenty five lakhs), the details of which have been mentioned in the second annexure to the Settlement Agreement, have been today handed over by the first respondent to Ms. Uma in Court. She acknowledges of having received the Demand Drafts.
7. Accordingly, we dispose of the appeal by passing the following order:
(a) The marriage solemnized between the appellant-Kamlesh and the first respondent-Harish Kumar on 7th December, 1990 is hereby dissolved by a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955.
(b) In view of the decree of divorce and overall settlement of all the subsisting disputes, the following cases stand disposed of in terms of this order:
| S. No. | Description | Filed by | Status |
| 1. | Application under Section 482 (A482) 23200/2009 Cr.P.C. arising out of Domestic Violence Act titled as Harish Kumar versus Smt. Kamlesh and State of U.P. before High Court of Allahabad | Husband | Pending |
| 2 | Criminal Revision Crl. No. 698/2018, titled as Uma versus State of Uttar Pradesh and Others before High Court of Allahabad | Daughter | Pending |
| 3 | First Appeal under Section 19 of Family Court Act bearing number 342/2020 titled as Harish Kumar versus Kamlesh before High Court of Allahabad | Husband | Pending |
| 4. | Civil Suit bearing number 458/2018 titled as Uma versus Harish Kumar, pending in District Court Saharanpur, Uttar Pradesh | Daughter | Pending |
8. The terms of the Settlement Agreement shall form part of the decree.
9. A decree of divorce shall be drawn at the earliest and in any case, within a period of four weeks from today.
10. The appeal is disposed of on the above terms.
11. We appreciate the efforts made by the learned counsel appearing for the parties for ensuring that the parties arrive at settlement.
