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SURYA KANT, UJJAL BHUYAN
Neha – Appellant
Versus
Arvind Verma – Respondent
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 13.11.202
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 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 can exercise jurisdiction under Article 142 of the Constitution to dissolve a marriage by mutual consent and may dispense with statutory requirements based on precedent.
The court exercised its powers under Article 142 to dissolve a marriage by mutual consent and quash all pending litigation, emphasizing the importance of resolving disputes amicably.
The court upheld the mutual consent divorce under the Hindu Marriage Act, recognizing the validity of the settlement agreement between the parties.
Divorce by mutual consent – A dead marriage must be given a decent quietus.
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