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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Kamlesh – Appellant
Versus
Harish Kumar – Respondent
Headnote: Read headnote
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
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.
Divorce – Power under Article 142 of Constitution of India can be invoked to dissolve a marriage that has irretrievably broken down.
The court can dissolve a marriage by mutual consent under Article 142 when parties have amicably settled their disputes, ensuring compliance with agreed terms.
The court affirmed that mutual consent and voluntary agreements between parties can lead to the dissolution of marriage and resolution of disputes under Article 142 of the Constitution.
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