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) of the Hindu Marriage Act.

ORDER :

1. A copy of the Settlement Agreement dated 19th November, 2024 is placed on record. The Settlement Agreement has been admittedly signed by both the parties to the petitions, their respective Advocates, sister of the respondent as well as the learned Mediator of the Supreme Court Mediation Centre.

2. The marriage between the parties was solemnized on 12th December, 2016. From March, 2022, due to disputes and differences, the parties are residing separately. The parties have accepted that the marriage has been irretrievably broken down. Therefore, they have prayed for exercise of power of this Court under Article 142 of the Constitution of India to dissolve the marriage. The material terms and conditions of the Settlement Agreement are as under:

1. “Whereas the marriage between the petitioner and respondent wife was solemnized as per Hindu rites and ceremonies on 12.12.2016 at Varanasi. After marriage parties resided together at Bangalore and there is no issue out of wedlock.

2. Both the parties resided together as husband and wife till March, 2022, and thereafter since there were disputes and differences, the parties were living in Bangalore but separately.

3. The Petitioner Husband had filed a Petition to Divorce being Divorce Petition No. 841 of 2022 titled as “Abhishek Raj Vs Smt. Neha Singh” pending before the Principle Judge Family Court at Varanasi. This matter has been sought to be transferred by way of T.P. (C) No. 424 of 2024 to an appropriate family Court at Bangaluru, Karnataka.

4. Whereas the Parties have filed following cases against each other:-

(i) Divorce Petition No. 841 of 2022 titled as “Abhishek Raj Vs Smt. Neha Singh” pending before the Principle Judge Family Court at Varanasi. (Subject matter of T.P. (C) No. 424 of 2024).

(ii) Criminal Misc Case No. 4506 of 2022 titled as Neha Singh Vs Abhishek Raj Singh and Ors Pending before the Additional Chief Judicial Magistrate, Lucknow. (Subject matter of T.P. (Crl) No. 164 of 2024).

(iii) Criminal Case No. 42115 of 2023 titled as State of Uttar Pradesh Vs Abhishek Raj Singh and Ors Pending before the Additional Chief Judicial Magistrate, Lucknow. (Subject matter of T.P. (Crl) No. 165 of 2024). This matter emanates out of FIR No. 369 of 2022 filed before PGI Police Station Lucknow.

(iv) Transfer Application No. 552 of 2022 filed by the Respondent Neha Singh before the High Court of Judicature at Allahabad seeking transfer of case Divorce Petition No. 841 of 2022 titled as “Abhishek Raj Vs Smt. Neha Singh” pending before the Principle Judge Family Court at Varanasi to the Family Court at Lucknow.

5. Whereas Hon’ble Supreme Court vide Order dated 16.10.2024 in Transfer Petition (C) No. 424 of 2024 with Transfer Petition (Crl) Nos. 164 of 2024 with Transfer Petition (Crl) Nos. 165 of 2024 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held virtually between the parties and their respective advocates on 23.10.2024, 25.10.2024, 06.11.2024, 07.11.2024, 11.11.2024, and today i.e. 19.11.2024 (physically for signing of the present Settlement Agreement).

6. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent:-

A. That the parties have agreed that the Petitioner -husband will pay to the Respondent-wife a total sum of Rs. 40,00,000/- (Rupees Forty Lakhs Only) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever. The same has been handed over by way of a Demand Draft bearing No. 582567 dated 14.11.2024 drawn on ICICI Bank MG Road Bangalore by the Petitioner Abhishek Raj to the Respondent Neha Singh. The Respondent Neha Singh acknowledges receipt of the same.

B. That further the Petitioner has handed over 1 I Phone -13 Pro, 1 DJI Gimble and Jewellery comprising of the following :-

I. One Gold Rani Haar

II. One Pair Gold Earings

III.