1. Transfer petition under Section 25 CPC regarding a petition for restitution of conjugal rights under the Hindu Marriage Act — subsequent settlement between parties. (Para 1 , 2 )
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2025 Supreme(SC) 110
SUPREME COURT OF INDIA
Pamidighantam Sri Narasimha, Manoj Misra, JJ.
Unmesha Rout – Petitioner
Versus
Nishant Panwar – Respondent
Transfer Petition (Civil) No. 1609 of 2024
Decided On : 09-01-2025
Important Points
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.
Subject
Family Law - Divorce and Matrimonial Disputes
Act Referred
Headnote
(A) Code of Civil Procedure, 1908 - Section 25 - Hindu Marriage Act - Section 9 - Transfer of petition for restitution of conjugal rights - Parties referred to mediation but could not settle - Respondent agreed to pay Rs. 25 lacs for full and final settlement - Application for divorce by mutual consent filed - Marriage dissolved by decree of divorce under Article 142 of the Constitution. (Paras 1-6)
(B) Article 142 of the Constitution of India - Power to dissolve marriage and quash pending litigation - Court exercised its powers to dissolve marriage and close all related cases. (Paras 6-7)
Facts of the case:
The petitioner-wife sought transfer of a petition for restitution of conjugal rights to another jurisdiction. The parties attempted mediation but failed to reach an agreement. The respondent-husband agreed to a financial settlement and filed for divorce by mutual consent.
Findings of Court:
The court found it appropriate to exercise its powers under Article 142 to dissolve the marriage and quash all pending litigation between the parties.
Issues: The main issues included the transfer of the petition and the dissolution of marriage by mutual consent.
Ratio Decidendi: The court ruled that it was justified in exercising its powers under Article 142 to dissolve the marriage and resolve all pending disputes between the parties, ensuring a final resolution to their litigation.
Result: The marriage is dissolved by a decree of divorce by mutual consent.
(B) Article 142 of the Constitution of India - Power to dissolve marriage and quash pending litigation - Court exercised its powers to dissolve marriage and close all related cases. (Paras 6-7)
Facts of the case:
The petitioner-wife sought transfer of a petition for restitution of conjugal rights to another jurisdiction. The parties attempted mediation but failed to reach an agreement. The respondent-husband agreed to a financial settlement and filed for divorce by mutual consent.
Findings of Court:
The court found it appropriate to exercise its powers under Article 142 to dissolve the marriage and quash all pending litigation between the parties.
Issues: The main issues included the transfer of the petition and the dissolution of marriage by mutual consent.
Ratio Decidendi: The court ruled that it was justified in exercising its powers under Article 142 to dissolve the marriage and resolve all pending disputes between the parties, ensuring a final resolution to their litigation.
Result: The marriage is dissolved by a decree of divorce by mutual consent.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Hitendra Nath Rath, AOR
For the Respondent: Mr. Vishal Arun Mishra, AOR, Ms. Rupali Panwar, Adv., Mr. U M Tripathi, Adv., Mr. Vivek Kumar Singh, Adv.
Advocate Appeared:
For the Petitioner: Mr. Hitendra Nath Rath, AOR
For the Respondent: Mr. Vishal Arun Mishra, AOR, Ms. Rupali Panwar, Adv., Mr. U M Tripathi, Adv., Mr. Vivek Kumar Singh, Adv.
Table of Contents
2. Application for dissolution of marriage by mutual consent and quashing of all pending litigations by invoking Article 142 of the Constitution of India. (Para 3 )
3. The court found the matter fit for exercising powers under Article 142 of the Constitution of India to dissolve the marriage and quash pending litigations. (Para 6 )
4. Article 142 of the Constitution of India empowers the court to dissolve a marriage by mutual consent and quash pending litigations to ensure complete settlement. (Para 6 , 7 )
5. Marriage dissolved by decree of divorce by mutual consent and all pending matrimonial, maintenance, domestic violence, and criminal proceedings quashed. (Para 6 , 7 , 8 )
6. Can the court dissolve a marriage by mutual consent using Article 142 of the Constitution of India?
Yes, the court may exercise its power under Article 142 of the Constitution of India to dissolve a marriage by mutual consent when it is considered a fit case to resolve disputes between the parties. (Para 6 )
7. Can the court quash pending criminal and civil proceedings as part of a settlement under Article 142?
Yes, the court can invoke Article 142 of the Constitution of India to quash or close various pending adjudications, including matrimonial cases, maintenance petitions, domestic violence complaints, and FIRs, to effectuate a full and final settlement. (Para 7 )
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
