1. Matrimonial dispute — Marriage breakdown — Multiple pending civil and criminal proceedings — Joint application for divorce by mutual consent under Article 142 of the Constitution of India. (Para 1 , 3 )
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2025 Supreme(SC) 223
SUPREME COURT OF INDIA
Sudhanshu Dhulia, Prashant Kumar Mishra, JJ.
Aman Bhagat - Petitioner
Versus
Dr. Ankita Jaiswal - Respondent
Transfer Petition (S) (C) No. 1574/2024 With Transfer Petition (Crl.) No. 542 OF 2024, Transfer Petition (Crl.) No. 1069 OF 2024
Decided On : 16-01-2025
Important Points
Divorce by mutual consent requires both parties to agree on terms, including financial settlements, and can lead to quashing of all related pending cases.
Subject
Family Law - Divorce
Act Referred
ARMS ACT: S.25(1)(b)
CONSTITUTION OF INDIA: Art.142
CRIMINAL PROCEDURE CODE: S.125
DOMESTIC VIOLENCE ACT: S.43, S.12
HINDU MARRIAGE ACT: S.13(1)(a), S.9
INDIAN PENAL CODE: S.120(b), S.307, S.323, S.325, S.352, S.384, S.385, S.387, S.406, S.417, S.500, S.504, S.506
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT: S.12
CONSTITUTION OF INDIA: Art.142
CRIMINAL PROCEDURE CODE: S.125
DOMESTIC VIOLENCE ACT: S.43, S.12
HINDU MARRIAGE ACT: S.13(1)(a), S.9
INDIAN PENAL CODE: S.120(b), S.307, S.323, S.325, S.352, S.384, S.385, S.387, S.406, S.417, S.500, S.504, S.506
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT: S.12
Headnote
(A) Hindu Marriage Act, 1955 - Section 13(1A) - Divorce by mutual consent - Parties married on 09.02.2023, living separately since 23.03.2023 - Settlement reached through mediation on 04.12.2024, with Rs.4,00,000 paid by husband to wife as full and final settlement - No children born out of the marriage - Decree of Divorce granted under Article 142 of the Constitution of India. (Paras 5, 7)
(B) Mediation - Importance of mediation in resolving matrimonial disputes and reaching amicable settlements, as demonstrated in this case. (Paras 2, 4)
(B) Mediation - Importance of mediation in resolving matrimonial disputes and reaching amicable settlements, as demonstrated in this case. (Paras 2, 4)
Legal Category Hierarchy
- family law
- constitutional law
- crime and sentencing
- practice and procedure
Advocates:
Advocate Appeared:
For the Petitioner: Ms. Kumud Lata Das, AOR, Ms. Pooja Rathore, Adv., Mr. Aman Anand, Adv., Mr. Bibhuti Krishna, Adv., Mr. Harsh Ajay Singh, Adv., Mr. Sourabh Suman, Adv.
For the Respondent: Mr. Sameer Shrivastava, AOR, Mrs. Priyanka Shrivastava, Adv., Ms. Palak Mathur, Adv., Ms. Yashika Varshney, Adv., Mr. Prasanna Mohan, Adv.
Advocate Appeared:
For the Petitioner: Ms. Kumud Lata Das, AOR, Ms. Pooja Rathore, Adv., Mr. Aman Anand, Adv., Mr. Bibhuti Krishna, Adv., Mr. Harsh Ajay Singh, Adv., Mr. Sourabh Suman, Adv.
For the Respondent: Mr. Sameer Shrivastava, AOR, Mrs. Priyanka Shrivastava, Adv., Ms. Palak Mathur, Adv., Ms. Yashika Varshney, Adv., Mr. Prasanna Mohan, Adv.
Table of Contents
2. Parties submitted that the marriage had broken down irretrievably and they had reached an amicable settlement to dissolve the marriage and withdraw all pending litigations. (Para 3 )
3. The court found the marriage had broken down irretrievably, no children were born of the wedlock, and the parties had voluntarily entered into a settlement agreement. (Para 5 )
4. The Supreme Court may grant a decree of divorce by mutual consent under Article 142 of the Constitution of India where a marriage has broken down irretrievably. (Para 5 )
5. Decree of divorce by mutual consent granted under Article 142 of the Constitution of India and all pending matrimonial and criminal proceedings quashed. (Para 5 , 7 )
6. Under what circumstances can the Supreme Court grant a divorce by mutual consent using Article 142 of the Constitution of India?
The Supreme Court can grant a decree of divorce by mutual consent under Article 142 when the relationship between the parties has broken down irretrievably and there is no chance of them living together. (Para 5 )
7. Can the Supreme Court quash criminal proceedings as part of a matrimonial settlement?
Yes, the court may quash or dispose of pending criminal FIRs, complaint cases, and domestic violence proceedings if they are part of a comprehensive settlement for the dissolution of marriage. (Para 7 )
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 chance of them living together. Therefore, now parties have filed a joint application for Divorce by mutual consent under Article 142 of the Constitution of India. The statement of parties before the Ld. Registrar and terms of the Settlement Agreement dated 04.12.2024 are reproduced as under :
“STATEMENT OF THE PARTIES
This Hon’ble Court vide order dated 10th January, 2025, has directed us, the parties to the aforesaid transfer petitions, to appear before the concerned Registrar (Judicial) on 15th January, 2025, at 11.00 a.m. for interaction, recording of statement in view of the Settlement Agreement and to confirm that the parties are agreeable to the settlement. The order further directed that the concerned Registrar (Judicial) shall go through the terms of the Settlement Agreement and prepare a Report to be placed before the Hon’ble Court. These transfer petitions will be listed on 16th January, 2025, and we have been directed to appear in-person on the said date.
In compliance with the order dated 10th January, 2025, we, Aman Bhagat (petitioner), Ankita Jaiswal (respondent) along with our respective Advocates on-record appeared before the Registrar-II (Judl. Admn.) on the stipulated date and time for the purpose of interaction and recording this statement.
JOINT STATEMENT OF
Aman Bhagat S/o Dr. Bipin Kumar Bhagat, R/o House No.15, Dwarika Vihar, Kanke Block Chowk, Kanke, District Ranchi, Jharkhand – 834006.
AND
Dr. Ankita Jaiswal, W/o Mr. Aman Bhagat, R/o Main Road, High Schook Chowk, Ratanpur Police Station, Ratanpur Tehsil, Ratanpur District, Bilaspur, Chhattisgarh.
We, the parties herein, submit that the marriage between us, was solemnized as per Hindu rites and customs on 9th February, 2023, at Ranchi, Jharkhand. On account of incompatibility and temperamental differences, the parties herein are living separately since 23rd March, 2023. There is no child born out of wedlock. Due to differences and dispute, following cases have been filed, which are subject-matter of these transfer petitions :
(1) C.S. No.276A of 2024 under Section 13(1A) of the Hindu Marriage Act, 1955, filed by Ankita Jaiswal, which is pending before the Principal Judge, Family Court, Bilaspur, Chhattisgarh.
(2) M.J.C. No.342 of 2024 under Section 125 of the Code of Criminal Procedure, 1973, filed by Ankita Jaiswal, which is pending before the Principal Judge, Family Court, Bilaspur, Chhattisgarh.
(3) Case No.5 of 2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, filed by Ankita Jaiswal, which is pending before the IInd Civil Judicial Class-II, Kota, Bilaspur, Chhattisgarh.
Apart from the abovesaid cases, the following cases/complaint are also pending between the parties:
(i) F.I.R. No.264/2024, P.S. Kanke, Ranchi, Jharkhand, under Sections 385/387/323/50
