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SUPREME COURT OF INDIA
J.K. MAHESHWARI, RAJESH BINDAL, JJ.
SWETA KHANDELWAL - PETITIONER
VERSUS
NITISH DANGAYACH – RESPONDENT
TRANSFER PETITION (CIVIL) NO. 2177 OF 2024
Decided On : 03-01-2025
Certainly. Here are the key points derived from the provided legal document:
The court has granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement (!) (!) (!) .
The marriage between the petitioner and respondent, solemnized on 11.12.2021, has been declared dissolved, and both parties are at liberty to live independently without interference (!) .
The petitioner-wife initially filed a transfer petition seeking to transfer a pending divorce suit filed by the respondent-husband, which was subsequently settled through mediation (!) (!) .
Both parties voluntarily executed a Settlement Agreement after mediation, which includes terms such as mutual waiver of future claims, payment of Rs. 11,00,000 as full and final settlement, and exchange of jewelry (!) (!) (!) (!) .
The respondent paid Rs. 11,00,000 towards past, present, and future maintenance, and this amount was acknowledged by the petitioner (!) .
The parties agreed not to file any further cases, complaints, or suits against each other or their family members, and to refrain from interference or defamatory actions (!) (!) .
The Settlement Agreement is considered full and final, binding, and enforceable, with both parties undertaking to adhere strictly to its terms (!) (!) (!) (!) .
If the Supreme Court does not exercise its power under Article 142 to grant the divorce, the parties agree to pursue divorce proceedings through appropriate civil courts, specifically before the Family Court at Balasore, Odisha, with scheduled payments for mutual divorce petitions (!) (!) (!) (!) (!) .
The court has disposed of the pending divorce and maintenance petitions in accordance with the settlement, and the decree of divorce has been granted accordingly (!) (!) (!) .
The parties confirmed during proceedings that they have understood and voluntarily accepted the terms of the Settlement Agreement, which has been read over to them with their legal counsel present (!) (!) .
The order emphasizes the importance of compliance with the settlement terms and states that any breach may be remedied through enforcement actions by the court (!) .
The court directed that the order and the settlement be communicated to the relevant courts for necessary action, and that the transfer petition and associated applications are disposed of accordingly (!) (!) .
These points summarize the essential aspects of the case, focusing on the settlement, legal proceedings, and final court order without referencing specific case law.
ORDER :
(Rajesh Bindal, J.)
1. The present petition has been filed by petitioner-wife seeking transfer of MAT Suit bearing No. 497 of 2024 titled as “Sri Nitish Dangayach vs. Sweta Khandelwal” filed by respondent-husband for dissolution of marriage under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955.
2. On 16.10.2024, at the request of both the parties, this Court referred the parties for mediation before the Supreme Court Mediation Centre to explore the possibility of an amicable settlement of matrimonial disputes. The disputes stand settled and the parties have voluntarily executed a Settlement Agreement on 11.12.2024.
3. In furtherance to the Settlement, both the parties have filed a joint application vide I.A. No. 302477 of 2024 under Article 142 of the Constitution of India seeking divorce by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 and prayed for appropriate directions. Both the parties attended the Court proceedings through video conferencing and they have confirmed the terms of Settlement Agreement and also admitted their signature on the same. Vide aforesaid Agreement dated 11.12.2024, both the parties have settled the disputes on following terms:
2. In the background of the circumstances and keeping in mind the deleterious effect of the continuance of a sterile marriage on their future lives, the Parties agree to obtain divorce by mutual consent as they feel this is the only just and proper way to allow them to spend their remaining period of life happily with contentment instead of being compelled to lead a miserable life without any constructive purpose.
3. In consideration of the above, the Second Party agrees to pay a lump sum amount of Rs. 11,00,000/- (Rupees Eleven Lakhs only) to the First Party as a full and final settlement of all her claims (past, present, and future) including stridhan, residence, permanent alimony, and maintenance by way of DD No.057477 dated 10.12.2024, Axis Bank Ashok Vihar, New Delhi bearing IFS Code No. UTIB0000208 (hereinafter referred to as the "Settlement Amount") in the name of 'SWETA KHANDELWAL'.
4. In addition to the aforesaid amount, the Parties have exchanged among themselves all the Gold/silver jewelry items as per the list shared and agreed by both the parties during online sessions before the Ld. Mediator. The parties agree that no claim in the aforesaid respect shall exist hereafter.
5. The Parties have further agreed that they shall jointly pray before the Hon'ble Supreme Court of India for disposing of the present Transfer Petition (C) No.2177 of 2024 and grant a decree of divorce by mutual consent by exercising its inherent powers under Article 142 of the Constitution of India in the interest of both parties who have been living apart for long and granting a decree of divorce straightaway shall enable the unwilling parties to put an end to their untold misery. Both parties agree to move a joint application before the Hon'ble Supreme Court of India for the abovementioned purpose.
6. The Parties also confirm and declare that out of the said amount of Rs. 11,00,000/- (Rupees Eleven Lakhs only) shall be paid by the Second Party to the First Party on the day of hearing of the matter before the Hon'ble Supreme Court by way of demand draft vide DD No.057477 dated 10.12.2024, Axis Bank Ashok Vihar, New Delhi bearing IFS Code No. UTIB0000208 in favour of the First Party, i.e., 'SWETA KHANDELWAL'.
7. The Parties further agree that in case the Hon'ble Supreme Court of India is not inclined to invoke Article 142 of the Constitution of India for granting the decree of div
The court granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement.
Divorce by mutual consent requires both parties to agree on terms, including financial settlements, and can lead to quashing of all related pending cases.
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 can exercise its inherent power under Article 142 of the Constitution of India to grant a decree for divorce by mutual consent and give effect to the terms of a settlement reached between t....
The court granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the irretrievable breakdown of the marriage and the settlement reached between the parties.
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