The court can dissolve a marriage by mutual consent under Article 142 when parties have amicably settled their disputes, ensuring compliance with agreed terms.

ORDER :

1. The petitioner-wife seeks transfer of HMP No.762/2019 (RCS HM No.762 of 2019) titled as ‘Arvind Kumar Verma vs. Neha Verma’, filed by the respondent-husband under Section 3(1)(i-a) (ib) and 13 (1) (1A) of the Hindu Marriage Act, 1955, and which is pending before the Family Court, Jabalpur, Madhya Pradesh. The petitioner-wife seeks transfer thereof to the Family Court at Nagpur, Maharashtra.

2. The marriage between the parties was solemnized on 21.02.2016. There is no child born from the wedlock. It further appears that on account of matrimonial discord, the parties are living separately since 29.01.2017.

3. When the matter came up for hearing on 04.10.2024, this Court was apprised of the fact that some settlement talks were going on between the parties. They were, accordingly, advised to continue with such efforts.

4. On 24.10.2024, the parties were formally referred to the Supreme Court Mediation Centre to explore the possibility of an amicable settlement. The respondent-husband was further directed to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs) to the petitioner-wife towards part payment of arrears of maintenance in order to show his bona fide. Thereafter, on 13.11.2024, this Court was informed that the matrimonial dispute had been amicably resolved and terms and conditions had been broadly settled, which were, however, required to be finalized. We were further informed that a sum of Rs.50,000/- (Rupees Fifty Thousand) had already been paid by the respondent-husband to the petitioner-wife as a part of the agreed amount.

5. The parties have, now, jointly moved an application invoking powers of this Court under Article 142 of the Constitution seeking the following reliefs:

“(a) Dissolve the marriage between the Petitioner and the Respondent on the ground of irretrievable breakdown of marriage in exercise of powers under Article 142 of the Constitution of India; and/or

(b) Pass necessary orders quashing/disposing of the remaining criminal proceedings/cases pending between the parties as mentioned in paragraph 3 of the Settlement Agreement and enumerated hereinabove at paragraph 10 of the present application.”

6. The application is duly supported with affidavits of the parties. In addition, a copy of the Settlement Agreement dated 26.11.2024, duly signed by the parties, their learned counsel, brother of the petitioner-wife and the learned Mediator, has been placed on record. As per the Settlement Agreement, all the cases between the parties are to be disposed of/quashed. They have agreed to dissolve their marriage by way of a decree of divorce by mutual consent and the respondent-husband has agreed to pay a sum of Rs.11,25,000/- (Rupees Eleven Lakh and Twenty Five Thousand) towards full and final settlement of all the claims of the petitioner towards permanent alimony.

7. Out of the agreed amount, the respondent-husband has already paid Rs.8,50,000/- (Rupees Eight Lakhs and Fifty Thousand) as per the details given in para 5(C) of the Settlement Agreement. As regard to the balance amount of Rs.2,75,000/- (Rupees Two Lakh and Seventy Five Thousand), the respondent-husband has given an undertaking that the same shall be paid through RTGS/NEFT/Online Transfer/DD in the account of the petitioner-wife on or before 17.01.2025.

8. Learned counsel for the respondent-husband, on instructions, states at the Bar that the undertaking given in para 5(C), specifically in sub-para (iv), shall be complied with as per the cut-off date.

9. In this view of the matter, and as suggested by the counsel for the parties, more so in light of the fact that the parties are living separately since 27.01.2017, they have amicably resolved their matrimonial dispute, and the respondent-husband has already paid a substantial part of the agreed amount of permanent alimony, we are satisfied that it is a fit case to invoke our powers under Article 142 of the Constitution and grant the appropriate relief as prayed for by the parties in the joint application.