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.

ORDER :

1. The petitioner-wife has filed the petition under Section 25 of the Code of Civil Procedure, 1908 before this Court seeking transfer of Petition filed under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Right instituted by the respondent-husband being Case No. 143 of 2024 titled as “Nishant Panwar vs. Mrs. Unmesha” pending before the Court of Principal Judge, Family Court, Shamli at Kairana, Uttar Pradesh to the Court of Principal Judge, Family Court at Bhubaneshwar, Odisha.

2. During the pendency of this transfer petition, the parties were referred to the Supreme Court Mediation Centre vide order dated 28.08.2024. However, the parties could not arrive at amicable settlement. On 12.11.2024, to put a quietus to the disputes inter se the parties, the Court directed the counsel appearing for the respondent to seek instructions from the respondent whether the matter could be settled by paying Rs. 25 lacs to the petitioner-wife towards full and final settlement. Upon instructions, the counsel for the respondent on 20.11.2024 informed to the Court that the respondent is agreeable to pay Rs. 25 lacs to petitioner-wife towards full and final settlement and to put an end to their litigation/disputes. On 28.11.2024, the respondent-husband had handed over a demand draft for Rs 5 lacs to the counsel for the petitioner and had informed to the Court that the balance will be paid on the final hearing of the matter.

3. Learned counsel for the respondent-husband informed to the Court that he has filed an application being I.A. No. 294957 of 2024 with the prayers seeking dissolution of the marriage between the parties by passing a decree of divorce by mutual consent and to dissolve/quash all the pending litigation as mentioned in Para 6 of the application by invoking powers under Article 142 of the Constitution of India which was not objected to by the learned counsel appearing for the petitioner-wife.

4. Further, learned counsel for the respondent-husband has handedover a demand draft for Rs. 20 lacs to the counsel for the petitioner-wife towards balance amount.

5. We have taken the aforesaid application on record.

6. Having considered the matter in detail and having perused the aforesaid application, we are of the view that this is a fit case for exercising power under Article 142 of the Constitution of India to dissolve the marriage between the parties. Consequently, the marriage between the parties which was solemnized on 14.02.2021 at Bhubaneshwar, Orissa stand dissolved by a decree of divorce by mutual consent.

7. Further, in exercise of power under Article 142 of the Constitution of India, we quash/close the cases pending adjudication inter se the parties, details of which are as under:

"i. Matrimonial Case No. 196 of 2023, titled as Nishant Vs Unmesh, presently pending at Principal Judge, Family Court at Bhubaneshwar, Odisha. (Divorce Case filed by the respondent/husband).

ii. Case No. 143 of 2024 titled as Nishant Panwar Vs Unmesha, pending before the Court of Principal Judge, Family Court, Shamli, at Kairana, Uttar Pradesh. (Restitution of Conjugal of Rights filed by the husband/respondent) (For the transfer of the same, the present Transfer Petition has been filed by the petitioner/wife).

iii. CRP No. 72 of 2024, titled as Unmesha Rout Vs Nishant Panwar, pending before Family Judge, Court No.1, Bhubaneswar. (Maintenance Petition u/s 125 Cr.P.C filed by wife/petitioner)

iv. CMC No. 703 of 2024, Titled as Unmesha Rout Vs Nishant Panwar & Ors under section 12 of D V Act, 2005, pending before Judicial Magistrate, Class-V, Bhubaneswar. (Complaint under Protection of Women from Domestic Violence Act, 2005 filed by wife/petitioner against the respondent and his family members)

v. FIR No. 161 at P.S Bharatpur, District UPD Bhubaneswar, under section 498A, 323, 324, 307, 394, 34, of IPC and 3/4 of DP Act. (Filed by the petitioner against the respondent and his family members)."

8. In view of the above, Transfer Petition and In