The court upheld the mutual consent divorce under the Hindu Marriage Act, recognizing the validity of the settlement agreement between the parties.

ORDER :

1. This Transfer Petition has been filed by the petitioner, who is the wife of the respondent, seeking the following prayers:

“(a) Transfer of proceedings in divorce petition bearing Mat. Petition No. A-80 of 2024 filed under Section 13(1)(ia) of Hindu Marriage Act (‘HMA’), 1955 read with Section 26, HMA, titled as “Sohansingh Thakur vs. Isha Sohansigh Thakur” pending before Ld. Court of Principal Judge, Thane, Maharashtra, to the Ld. Family Court, Ahmedabad, Gujarat.

(b) Pass any such order which the Hon’ble Court may deem fit in the present facts and circumstances of the case.”

2. During the pendency of this petition before this Court, the parties were referred to the Supreme Court Mediation Centre so as to explore the possibility of a settlement in the matter.

3. Learned counsel for the respective parties submitted that the parties have arrived at a settlement agreement dated 05.12.2024 and action has also been taken on the said terms inasmuch as the petitioner has relinquished her 50% rights in the flat in favour of minor son; that the petitioner does not expect any monetary settlement in the form of maintenance or alimony; that the petitioner has already received the jewellery, which she owned, from the respondent. There are other terms of the settlement. In the circumstances, the parties have filed a joint application under Article 142 of the Constitution of India seeking dissolution of their marriage by a decree of divorce by mutual consent.

4. Learned counsel for the respective parties submitted that the settlement agreement and the joint application filed under Article 142 of the Constitution of India may be taken on record and the marriage between the parties may be dissolved having regard to the settlement arrived at between the parties.

5. The parties are present before this court through video conferencing facility. They have been identified by their respective counsel.

6. When queried by this Court, they stated that they have indeed arrived at a settlement of all their disputes on the terms and conditions set out in the Settlement Agreement dated 05.12.2024; that they have arrived at the said settlement on their own free volition without there being any coercion or undue influence from any side; that they jointly seek dissolution of their marriage by a decree of divorce by mutual consent. They further stated that they would abide by the terms of the settlement. Hence, their marriage may be dissolved by a decree of divorce by mutual consent by allowing the joint application filed by them under Article 142 of the Constitution of India.

7. In the above backdrop, we have taken on record the Settlement Agreement dated 05.12.2024 and as well as the joint application filed by the parties. On perusal of the same, we find that the parties have filed as many as six cases inter se. They are as under:

(a) Divorce Petition A-80 of 2024 before the Hon’ble Family Court, Thane filed by the Respondent Husband against the petitioner-wife.

(b) Custody Petition Being Civil Misc. Application No. 87 of 2024 filed before the Hon’ble Family Court, Ahmedabad filed by the Respondent Husband against the petitioner wife.

(c) Domestic Violence Case being Criminal Miscellaneous Application No. J/1673/2024 filed before the Ld. Magistrate’s Court, Ahmedabad filed by the petitioner- Wife against the Respondent husband, his parents and his married sister.

(d) Application under Section 125 of Cr.P.C. being Criminal Misc. Application No. 966/2024 filed before the Ld. Magistrate’s Court, Ahmedabad filed by the Petitioner- Wife against the Respondent husband.

(e) Applications being Special Criminal Application Nos. 4265 of 2024, 4307 of 2024 and 4414 of 2024 under Section 482 Cr.P.C. filed by the Respondent husband, his parents and his sister before the Hon’ble High Court, Gujarat for quashing of the FIR.

(f) Applications being Special Criminal Application Nos.5430 of 2024, 5488 of 2024 and 5397 of 2024 under Section 482 Cr.P.C. filed by the respondent husb