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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Aparna Rajeshkumar Sonkar – Appellant
Versus
Gulab Anmol Sonkar – Respondent
ORDER :
1. This petition has been filed seeking transfer of F.Suit No. 65 of 2023 titled as “Gulab Anmol Sonkar Vs. Aparna Rajeshkumar Sonkar” from the Family Court at Mahesana, Gujarat to the Family Court at Prayagraj, Uttar Pradesh.
2. The marriage between the petitioner and the respondent was solemnized on 05.02.2022, but their marriage survived only for three months and they have been living separately since 18.05.2022. Subsequently, on account of the marital dispute between the parties, the respondent filed a petition for Dissolution of Marriage, being F. Suit No. 65 of 2023, before the Family Court at Mahesana, Gujarat, which is sought to be transferred by present transfer petition to the Family Court at Prayagraj, Uttar Pradesh.
3. During the course of hearing, efforts were made to bring a mutual settlement between the parties and vide order dated 03.11.2023, 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.
4. The parties were sent to Registrar (Judicial) for recording of statements in view of the settlem
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 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 upheld the mutual consent divorce under the Hindu Marriage Act, recognizing the validity of the settlement agreement between the parties.
The court has the authority to dissolve a marriage by mutual consent when parties reach an amicable settlement, emphasizing mediation's role in legal disputes.
The court granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement.
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