1. Matrimonial dispute — Settlement agreement reached — Application for divorce decree and quashing of related criminal proceedings. (Para 2 , 3 , 4 , 8 )
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2025 Supreme(SC) 1397
SUPREME COURT OF INDIA
B.R. GAVAI AND AUGUSTINE GEORGE MASIH, JJ.
Ashok Anandrao And Another – Appellant
Versus
The State Of Madhya Pradesh Etc. - Respondent
Criminal Appeal No. 214 of 2025 [@ SLP (Criminal) No. 718 of 2025 @ DIARY NO(S). 23859 of 2022] with Criminal Appeal No. 216 of 2025 [@ SLP(Criminal) No. 720 of 2025 @ DIARY NO(S). 43066/2023]
Decided on : 15-01-2025
The Supreme Court upheld the principle that mutual consent agreements in divorce cases can effectively facilitate dissolution when parties' relationship is irretrievably broken, promoting justice and independence for both.
Headnote:(A) Constitution of India - Article 142 - Divorce by mutual consent - Parties reached a settlement agreement requiring payment towards full and final settlement - Relationship deemed irretrievably broken down; Court permitted divorce to enable parties to live independently - Applicable legal provisions allow for timely and just resolutions based on mutual consent agreements. (Paras 1-7)
(B) Family Law - The importance of settlement agreements in divorce proceedings - The court emphasized the relevance of substantial settlements made and recognized mutual agreements between parties in resolving marital disputes. (Paras 3-4)
(C) Jurisdiction of the Supreme Court - This court is empowered to exercise its jurisdiction under Article 142 to dissolve marriage and quash pending proceedings when it serves the interests of justice. (Paras 6-8)
Facts of the case:
Appellants provided a total of Rs.12,00,000/- through settlement to respondent No.2/wife to resolve all claims, establishing the irretrievable breakdown of their marriage.
Findings of Court:
The court found it just to allow the dissolution of marriage considering the amicable settlement and the young age of the parties involved, promoting an independent life.
Issues: Whether the relationship between the parties had irretrievably broken down allowing for divorce; whether the agreement was adequate for a fair resolution.
Ratio Decidendi: The Supreme Court granted dissolution based on mutual consent and emphasized that terms of the agreement were fair and in the interest of justice while exercising powers under Article 142.
Result: Appeals disposed of.
Legal Category Hierarchy
Table of Contents
2. Relationship irretrievably broken down — Parties' young age — Interest of justice in permitting independent lives. (Para 5 )
3. Exercise of extraordinary powers under Article 142 of the Constitution of India to dissolve marriage in cases of irretrievable breakdown. (Para 6 )
4. Marriage dissolved per settlement agreement — Criminal proceedings quashed — Appeals disposed of. (Para 7 , 8 , 9 , 10 )
5. Under what circumstances can the Supreme Court dissolve a marriage despite the absence of statutory grounds?
The Court may exercise its powers under Article 142 of the Constitution of India to dissolve a marriage if the relationship has irretrievably broken down and it serves the interest of justice. (Para 5 , 6 )
6. Can the Court quash criminal proceedings as part of a matrimonial settlement?
Yes, the Court can quash criminal proceedings arising from matrimonial disputes when the parties have reached a full and final settlement and the marriage is dissolved. (Para 7 , 8 )
ORDER :
1. Leave granted.
2. In pursuance to the order dated 03.09.2024 a Demand Draft for a sum of Rs.4,00,000/- was already given to the respondent No.2/wife (Ashwini) by the appellant(s). Today a Demand Draft for a sum of Rs. 8,00,000/- has also been handed over by the learned counsel for the appellant No.2 to the learned counsel appearing on behalf of respondent No.2/wife.
3. The appellant No.2/Ashish Anandrao has filed an application for grant of decree of divorce on the terms and conditions as have been settled between them, as per the Settlement Agreement dated 06.04.2024.
4. As per the said settlement agreement, an amount of Rs.12,00,000/- was required to be paid by the appellant No.2/Ashish Anandrao to the respondent No.2/wife towards full and final settlement of all her dues. The said amount has already been paid by the appellant No.2 to the respondent No.2/wife.
5. The relationship between the appellant No.2/Ashish Anandrao and respondent No.2/wife is irretrievably broken down. Both the parties are of young age and therefore it will be in the interest of justice that they be permitted to live their lives peacefully and independently.
6. In that view of the matter, this is a fit case wherein this Court should exercise its powers under Article 142 of the Constitution of India.
7. The marriage between the appellant No.2/Ashish Anandrao and the respondent No.2 (Ashiwni)/wife is directed to be dissolved on the terms and conditions stated in the Settlement Agreement dated 06.04.2024. The respective statements made by the appellants and the respondent No.2/wife therein are treated as an undertaking to this Court.
8. The proceedings between the parties arising out of FIR No.506/2019 registered with Police Station Sarangpur, District Rajgarh, Madhya Pradesh which culminated into R.C.T. No.237/2021 pending before Hon'ble 7-II Civil Judge Class-II, P.S. Sarangpur, District Raigarh, Madhya Pradesh shall stand quashed and set aside.
9. Accordingly, the appeals are disposed of.
10. Pending application(s), if any, shall stand disposed of.
