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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Isha Sohansingh Thakur – Appellant
Versus
Sohansingh Amarsingh Thakur – Respondent
ORDER :
1. This Transfer Petition has been filed by the petitioner, who is the wife of the respondent, seeking the following prayers:
(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 jewell
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 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 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.
The court upheld the dissolution of marriage by mutual consent under Article 142, confirming that the parties reached an amicable settlement through mediation and met the conditions of Section 13(B) ....
The court granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement.
The court upheld the principle of mutual consent in divorce proceedings, allowing parties to dissolve their marriage and quash pending legal cases under Article 142 of the Constitution.
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