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VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Smriti Singh – Appellant
Versus
Kumar Kislay – Respondent
ORDER :
1. The Transfer Petition (Civil) No.2209 of 2023 is filed by Smriti Singh-the wife, for transfer of H.M.A. No.889 of 2023 titled as “Kumar Kislay vs Smriti Singh” from the Family Court, Gautam Budh Nagar, Surajpur, Greater Noida, Uttar Pradesh to Family Court at Patna. On the other hand, Kumar Kislay–the husband has filed the Transfer Petitions (Criminal) Nos. 1014-1015 of 2023 seeking transfer of Domestic Violence Application No.129/2023 and Maintenance Case No.113/2023, both titled “Smriti Singh vs Kumar Kislay”, from Family Court at Patna to Family Court of Gautam Budh Nagar, Surajpur, Greater Noida, Uttar Pradesh.
2. Additionally, an application being I.A.No.3432 of 2025 has been filed by the husband in Transfer Petition Nos.1014-1015 of 2023 praying for dissolution of marriage and grant of decree of divorce by mutual consent by exercising this Court’s extraordinary power under Article 142 of the Constitution of India.
3. The brief facts leading to the petitions are as follows:
The court granted a mutual consent divorce with specified conditions for permanent alimony and child support, emphasizing the child's welfare in visitation arrangements.
Divorce by mutual consent can be granted by Supreme Court in exercise of power vested under Article 142 of Constitution of India.
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.
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