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VIKRAM NATH, SANDEEP MEHTA
Arun Rameshchand Arya – Appellant
Versus
Parul Singh – Respondent
ORDER
1. This transfer petition was preferred by the petitioner-husband seeking transfer of Divorce Petition No. A/2335 of 2023 filed by the respondent-wife from the Family Court, Bandra, Mumbai to a Court of competent jurisdiction Family Court, Karkardooma, District Court, Shahdara, Delhi.
2. During the pendency of the transfer petition, the parties were referred to mediation and wiser counsel has prevailed inasmuch as both the petitioner-husband as well as the respondent-wife have filed separate applications under Article 142 of the Constitution of India for dissolving the marriage by mutual consent.
3. The bone of contention between the parties is a flat [Hereinafter, referred to as “flat-in-question”] of joint ownership being Flat No. 601, 6th Floor, admeasuring 39.76 Sq. Meter(428 Sq. Ft.) Carpet Area in the building Panorama, called Green Hills Cooperative Housing Society Ltd. in Godrej Hill, Village Barave Kalyan(West)-421301. Claims and counterclaims have been made by the parties regarding the source of funds utilized for acquiring the flat-in-question. However, finally, the petitioner-husband has consented that he is ready to relinquish his rights over the flat-in-question in
(1) Compulsory registration – Exemption – If Flat-in-question is subject matter of compromise and as a consequence, it forms part of proceedings before this Court, it would be exempted from payment o....
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.
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