1. Transfer petition under Section 25 CPC — Settlement via mediation — Joint application for dissolution of marriage by mutual consent under Article 142 of the Constitution. (Para 1 , 2 , 5 )
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2025 Supreme(SC) 1461
SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA AND MANOJ MISRA, JJ.
Ankita Sharma - Appellant
Versus
Manu Sharma - Respondent
Transfer Petition(s)(Civil) No(s).2003 of 2024
Decided on : 06-01-2025
Important Points
The Supreme Court exercised its inherent powers under Article 142 of the Constitution of India to dissolve a marriage by mutual consent and quash pending legal proceedings, based on a settlement agreement and the irretrievable breakdown of the marriage.
Subject
Family Law - Divorce
Act Referred
Headnote
(A) Code of Civil Procedure, 1908 - Section 25 - Constitution of India - Article 142 - Transfer Petition for divorce - Parties reached a settlement during mediation for a divorce by mutual consent, including a payment of Rs. 14,50,000/- to the petitioner-wife and agreement to withdraw legal actions against each other - Court exercised powers under Article 142 to dissolve the marriage as a fit case for such intervention. (Paras 1, 7, 9, 10)
(B) Divorce by mutual consent - Terms of settlement are binding and acknowledged by both parties, constituting a comprehensive resolution of all matrimonial disputes including maintenance and alimony. (Paras 3, 4, 5, 6)
Facts of the case:
The petitioner filed a transfer petition requesting the transfer of a divorce case pending in Ghaziabad to a Family Court in Haryana. The couple, through mediation, reached a settlement to dissolve their marriage, which included terms for alimony and mutual withdrawal of legal cases.
Findings of Court:
The Court found the settlement terms satisfactory and appropriate for granting a decree of divorce by mutual consent. The marriage was dissolved, and pending cases were quashed as per the terms of the settlement.
Issues: The court addressed whether to grant the transfer petition and the appropriateness of dissolving the marriage given the mutual consent and conditions set forth in the settlement.
Ratio Decidendi: The court held that it is justified to exercise its power under Article 142 to dissolve a marriage when both parties have mutually agreed to terms, affirming the binding nature of the settlement agreement while ensuring all pending actions are resolved.
Result: Marriage dissolved by a decree of divorce by mutual consent.
(B) Divorce by mutual consent - Terms of settlement are binding and acknowledged by both parties, constituting a comprehensive resolution of all matrimonial disputes including maintenance and alimony. (Paras 3, 4, 5, 6)
Facts of the case:
The petitioner filed a transfer petition requesting the transfer of a divorce case pending in Ghaziabad to a Family Court in Haryana. The couple, through mediation, reached a settlement to dissolve their marriage, which included terms for alimony and mutual withdrawal of legal cases.
Findings of Court:
The Court found the settlement terms satisfactory and appropriate for granting a decree of divorce by mutual consent. The marriage was dissolved, and pending cases were quashed as per the terms of the settlement.
Issues: The court addressed whether to grant the transfer petition and the appropriateness of dissolving the marriage given the mutual consent and conditions set forth in the settlement.
Ratio Decidendi: The court held that it is justified to exercise its power under Article 142 to dissolve a marriage when both parties have mutually agreed to terms, affirming the binding nature of the settlement agreement while ensuring all pending actions are resolved.
Result: Marriage dissolved by a decree of divorce by mutual consent.
Legal Category Hierarchy
Table of Contents
2. Parties jointly sought dissolution of marriage by mutual consent citing irretrievable breakdown of marriage and agreement on permanent alimony and withdrawal of all pending litigations. (Para 3 , 5 )
3. The court observed that the settlement agreement and joint application made it a fit case to exercise inherent powers under Article 142 of the Constitution. (Para 7 )
4. The Supreme Court may invoke Article 142 of the Constitution to dissolve a marriage by mutual consent in instances of irretrievable breakdown of marriage. (Para 3 , 7 )
5. Marriage dissolved by decree of divorce by mutual consent — Settlement terms recorded — Pending matrimonial case disposed of and FIR quashed. (Para 7 , 9 , 10 , 12 )
6. Under what circumstances can the Supreme Court dissolve a marriage using Article 142 of the Constitution?
The Court may exercise its inherent powers under Article 142 to dissolve a marriage by mutual consent when the parties have reached a settlement and the marriage has suffered an irretrievable breakdown. (Para 3 , 7 )
7. Can the Supreme Court quash an FIR as part of a matrimonial settlement?
Yes, the Court can quash pending criminal proceedings, such as an FIR, as part of a comprehensive settlement to resolve all matrimonial disputes between the parties. (Para 9 , 10 )
ORDER :
1. The petitioner-wife has filed the transfer petition, under Section 25 of the Code of Civil Procedure, 1908, before this Court seeking transfer of a Divorce Petition, Matrimonial Case No. 3209 of 2023 titled as " Manu Sharma vs. Ankita Sharma " pending before the Additional Family Court, Ghaziabad, U.P to the Family Court, Narnaul, District Mahendergarh, Haryana.
2. During the pendency of this Transfer Petition, the parties were referred to the Supreme Court Mediation Centre vide order dated 01.10.2024. By virtue of the mediation, the parties have arrived at a settlement and they have decided to part ways on certain terms and conditions which are delineated in the settlement agreement dated 08.11.2024 which has been signed by both the parties and by the Mediator, copy of which has been filed by the Supreme Court Mediation Centre.
3. The terms and conditions as set out in Settlement Agreement dated 08.11.2024 for dissolution of marriage by mutual consent are relevant and therefore reproduced as under:
"5....
A. That the parties have agreed that the Respondent-husband will pay to the Petitioner-wife a total sum of Rs. 14,50,000/- (Rupees Fourteen Lacs and Fifty Thousand Only) and 1 Gold Ring, Silver Idols- (Ganesh and Luxmi and Kanha) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever.
B. It is agreed between the parties that they will move an application jointly before the Hon'ble Supreme Court under Article 142 of Constitution of India for invoking inherent powers of the Hon'ble Supreme Court praying for divorce by mutual consent as parties are staying separately since 29.11.2022 i.e. for more than two years and there is irretrievable break down of the marriage.
C. It is further agreed between the parties that if Hon'ble Supreme Court is pleased to allow application filed by both the parties under Article 142 of Constitution of India then the petitioner husband shall withdraw divorce petition and the respondent wife shall withdraw the cases filed by her. The Respondent- husband will pay to the Petitioner Wife a total sum of Rs. 14,50,000/- (Rupees Fourteen Lacs and Fifty Thousand Only) via RTGS/NEFT/Online Transfer/DD in the account Bearing No. Ankita Sharma Saving Account No.65077221337, State Bank of India, Branch Mahenderagarh Road IFSC Code -SBIN0050436.
AND/OR
In case this Hon'ble Court does not grant permission under Article 142 of Constitution of India, both parties have agreed to file first motion before the Competent Court at Gurgaon, Haryana and the Respondent -husband will pay amount of Rs. 14,50,000/- (Rupees Fourteen Lacs and Fifty Thousand Only) as one time alumni amount at the time of passing of the Divorce Decree.
6. That the Petitioner and the Respondent have agreed that none of them will initiate any other legal action or complaint against each other or against the family members of each other in respect of their matrimonial dispute in future.
7. That it has been also agreed between the parties that any litigation pending in any Court of Law shall be withdrawn and dismiss."
4. Heard the learned counsels appearing for the parties.
5. Learned counsel for the respective parties have handed over a joint application under Article 142 of the Constitution seeking dissolution of the marriage between the parties by a decree of divorce by mutual consent, before the Bar is taken on record.
6. As per the joint application, Parties have filed two cases being Divorce Petition; Matrimonial Case No. 3334 of 2023 [CNR No. UPGZ020061302023] pending before the Ghaziabad Court and FIR bearing No. 0031 dated 14th June 2024, lodged in P.S. Women Police Station Narnaul filed against husband.
7. Having considered the matter in detail and having perused the Settlement Agreement & Joint Application which is also supported by the affidavits of Ms. Ankita Sharma (petitioner-wife) and Mr. Manu Sharma (respondent-husband), we are of
