1. Matrimonial dispute — Settlement Agreement for mutual separation — Application for divorce decree under Article 142 of the Constitution of India. (Para 1 )
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2025 Supreme(SC) 215
SUPREME COURT OF INDIA
M.M. Sundresh, Rajesh Bindal, JJ.
Afsana - Petitioner
Versus
Najim Kathat - Respondent
Transfer Petition(S)(Civil) No.1221 Of 2024
Decided On : 15-01-2025
Important Points
The court recognized the validity of a mutual divorce settlement under Article 142, ensuring no further claims arise between the parties post-agreement.
Subject
Family Law - Divorce
Act Referred
Headnote
(A) Article 142 of the Constitution of India - Mutual Divorce - The parties have amicably resolved their differences and filed a Settlement Agreement, leading to a decree of divorce. The Respondent agrees to pay Rs. 5,25,000/- to the Petitioner, settling all claims arising from the marriage. The parties shall withdraw all pending cases against each other and refrain from future claims unless there is a breach of the Settlement Agreement. (Paras 1-10)
(B) Settlement Agreement - The agreement is effective upon acceptance by the Supreme Court and is binding, ensuring no further claims between the parties. (Paras 8-9)
(B) Settlement Agreement - The agreement is effective upon acceptance by the Supreme Court and is binding, ensuring no further claims between the parties. (Paras 8-9)
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mayank Sapra, AOR
For the Respondent: Mr. Jasmeet Singh, AOR, Mr. Mahinder Singh Hura, Adv., Mr. Saif Ali, Adv., Mr. Pushpendra Singh Bhadoriya, Adv., Mr. Vijay Sharma, Adv., Mr. Pranav Menon, Adv., Mr. Saurav, Adv.
Advocate Appeared:
For the Petitioner: Mr. Mayank Sapra, AOR
For the Respondent: Mr. Jasmeet Singh, AOR, Mr. Mahinder Singh Hura, Adv., Mr. Saif Ali, Adv., Mr. Pushpendra Singh Bhadoriya, Adv., Mr. Vijay Sharma, Adv., Mr. Pranav Menon, Adv., Mr. Saurav, Adv.
Table of Contents
2. Parties submitted that they have amicably resolved all disputes and voluntarily agreed to a mutual divorce and full and final settlement. (Para 1 )
3. The court observed that the parties voluntarily executed a settlement agreement before a mediator to mutually part ways. (Para 1 )
4. The Supreme Court may invoke Article 142 of the Constitution of India to grant a decree of divorce by mutual consent. (Para 1 , 3 )
5. Transfer Petition disposed of; decree of divorce granted by mutual consent under Article 142 of the Constitution of India. (Para 3 , 4 )
6. Can the Supreme Court grant a divorce decree by mutual consent using its extraordinary powers?
Yes, the Supreme Court can invoke Article 142 of the Constitution of India to grant a decree of divorce by mutual consent when parties have amicably resolved their disputes. (Para 1 , 3 )
7. What is the legal status of a settlement agreement incorporated into a court order?
A settlement agreement accepted by the court forms part and parcel of the final order and remains effective and binding on the parties. (Para 1 , 3 )
8. Can pending civil and criminal litigations be closed as part of a matrimonial settlement?
Yes, parties can agree to withdraw all respective civil and criminal cases against each other as a condition of their mutual settlement. (Para 1 , 2 )
ORDER :
1. The matter has been amicably resolved between the parties, and applications being IA No.292603/2024 and IA No.206286/2024 have been filed by both the learned counsel appearing for the parties bringing to the notice of this Court, the Settlement Agreement dated 30.07.2024 duly signed by both the parties and attested by the learned counsel for both the sides to the effect that the matter has been resolved between the parties and a decree of divorce between the parties shall be granted invoking the power under Article 142 of the Constitution of India. The following are the terms and conditions in the Settlement Agreement:-
“5. Both the parties hereto have arrived at an amicable mutual settlement on the following terms and conditions:-
(i) Both the parties hereto confirm and declare that they have, voluntarily and of their own free will, decided to mutually part ways and obtain for Separation by mutual consent.
(ii) That in consideration of the above Respondent-Husband agrees to pay an amount of Rs. 5,25,000/-(Rupees Five Lacs and Twenty Five Thousand Only) to the Petitioner in full and final settlement towards her all entitlements past, present and future, and towards all her claims arising out of such marriage and both the parties shall be filed application before this Hon'ble Supreme Court Under Article 142 of the Constitution of India by way of one time settlement in cash payment before the Hon'ble Supreme Court within six months on the same date when this matter is listed before the Hon'ble Supreme Court.
(iii) Respondent-Husband agrees as per Muslims rituals and customs to forgo any right that he may have as per religious or local customs and or tradition like JHAGDA including but not limited to, causing any kind of dispute, pressure, coercion, disruption, obstruction, or hindrance in any manner whatsoever in case the first party chooses to get married in the future and/or asking for any kind of compensation/money/gifts and/or any other belonging including jewellery from the first party, her relatives or the prospective or future husband of the first party, either himself or through friends and family members.
6. It is also agreed between the parties that they shall withdraw all the respective cases mentioned in para -3 filed by them against each other and shall take all steps to put an end to all civil/criminal litigation existing between the parties within a period of one month after the disposal of the present transfer petition by the Hon'ble Supreme Court.
7. Both the parties agree and undertake that they shall not institute any proceeding Civil/Criminal or any other against each other unless either party acts in contravention to the Present Settlement. Both the parties agree that they shall not have any claim against each other pursuant to the Agreement.
8. That the present settlement agreement is effective and enforceable from date of its execution and acceptance by the Hon'ble Supreme Court and shall remain effective and binding and form part of the decree for mutual consent.
9. That both the parties have executed this settlement Agreement before the Hon'ble Mediator appointed by the Supreme Court Mediation Centre of their own accord and free will, without perpetration of any force, undue influence or coercion from any quarter, and both the party shall be estopped in law to assail the validity of any class/term of the settlement on the ground of the same being void or unlawful. Further, the have further confirmed and undertaken and they were give sufficient time and opportunity to consult their legal counsels of their choice and it is only after said consultation with the counsels of their choice, after full understanding of the effect of the terms and conditions of the present Settlement Agreement, that the parties have executed the present Settlement Agreement.
10. The said agreement has been explained to the parties in vernacular and they have understood the same.”
2. In tune of the said Settlement Agreement, the
