DIPANKAR DATTA, MANMOHAN
Palak – Appellant
Versus
Yogesh – Respondent
ORDER :
1. Palak [petitioner in T.P.(C) No.2800/2024] and Yogesh Jain [petitioner in T.P.(Crl.) No.1077/2024] tied the marital knot on 26th June, 2023. No child is born to them from such wedlock. As time passed by, due to temperamental differences, the spouses drifted apart resulting in initiation of cases/proceedings by and between them.
2. During pendency of these transfer petitions, we thought that a mediated settlement could be explored. The spouses agreed but, unfortunately, mediation failed to yield any positive result. However, the spouses have since realized that pendency of proceedings and uncertainties related thereto would only add to their agony; hence, they have agreed to terminate their differences by having the marital knot severed upon terms and conditions, which have been recorded in a memorandum of settlement. Such memorandum is part of a joint application under Article 142 of the Constitution of India (I.A. No. 297472/2024) filed by them, wherein it has been prayed as follows: -
b. quash/dismiss all the legal
The court upheld the principle of mutual consent in divorce proceedings, allowing parties to dissolve their marriage and quash pending legal cases under Article 142 of the Constitution.
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 upheld the mutual consent divorce under the Hindu Marriage Act, recognizing the validity of 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 granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement.
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