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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
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:
(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.
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.
The court upheld the dissolution of marriage by mutual consent under Article 142, confirming that the parties reached an amicable settlement through mediation and met the conditions of Section 13(B) ....
The court exercised its power under Article 142 to dissolve the marriage by mutual consent and quash all related legal proceedings.
The court recognized the validity of a mutual divorce settlement under Article 142, ensuring no further claims arise between the parties post-agreement.
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