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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Unmesha Rout – Appellant
Versus
Nishant Panwar – Respondent
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
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 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 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 mutual consent divorce under the Hindu Marriage Act, recognizing the validity of the settlement agreement between the parties.
Points of Law : Provisions of Article 142 - Jurisdiction to pass any order or decree to do complete justice in any cause or matter pending before it, a Judge sitting singly has power and jurisdiction....
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