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
| Table of Content |
|---|
| 1. petition for transfer of divorce case. (Para 1) |
| 2. settlement agreement details and terms. (Para 2 , 3) |
| 3. joint application and case history. (Para 4 , 5 , 6) |
| 4. court's approval of divorce by mutual consent. (Para 7 , 8 , 9 , 10) |
| 5. final orders and directions. (Para 11 , 12 , 13) |
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:
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
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 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 upheld the mutual consent divorce under the Hindu Marriage Act, recognizing the validity of the settlement agreement between the parties.
The court granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement.
The court upheld the dissolution of marriage by mutual consent under Article 142, confirming that the parties reached an amicable settlement through mediation and met the conditions of Section 13(B) ....
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