SUDHANSHU DHULIA, PRASHANT KUMAR MISHRA
Aman Bhagat – Appellant
Versus
Ankita Jaiswal – Respondent
ORDER :
1. The marriage between the petitioner and the respondent was solemnized on 09.02.2023. But they remained as husband and wife for barely 15 days, as their relationship got strained and since then they have been living separately. Subsequently, the respondent – wife filed a Divorce Petition being C.S. No. 276A of 2024 and maintenance case, being M.J.C. No. 342 of 2024 before the Family Court at Bilaspur, Chhatisgarh. By now multiple cases have been filed between the parties.
2. During the course of hearing, efforts were made to bring about a mutual settlement and vide order dated 22.07.2024, with the consent of the parties, the matter was referred to the Supreme Court Mediation Centre for an amicable settlement of the disputes. By virtue of the mediation and the efforts of both the parties, the settlement has been arrived at between the parties.
3. The parties were sent to Ld. Registrar-II (Judl. Admn.) for recording of statements in view of the settlement and Ld. Registrar was asked to prepare a report after going through the terms of the settlement agreement. Consequently, the Ld. Registrar has filed a Report stating that he had interacted with the parties and there is no cha
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 granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement.
Dissolution of marriage through mutual consent is enforceable under Article 142, allowing for withdrawal of claims and setting custody arrangements.
The court can invoke its powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and quash criminal proceedings based on a settlement agreement.
The judgment emphasizes the significance of mutual consent in divorce proceedings under the Hindu Marriage Act, 1955, and the court's authority to dissolve a marriage under Article 142 of the Constit....
The court can invoke its powers under Article 142 to grant a decree of divorce by mutual consent and dispose of pending legal proceedings based on a settlement agreement.
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