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BELA M. TRIVEDI, PRASANNA B. VARALE
Soumya Awasthi – Appellant
Versus
Prashant shukla – Respondent
| Table of Content |
|---|
| 1. transfer petition for dissolution of marriage. (Para 1) |
| 2. amicable settlement terms between parties. (Para 2) |
| 3. agreed withdrawal of cases post-settlement. (Para 3) |
| 4. transfer petition not pressed due to settlement. (Para 4) |
| 5. disposal of transfer petition and pending applications. (Para 5 , 6) |
ORDER :
2. Pending the proceedings, the matter was referred to the Mediation for exploring the possibility of settlement and the parties have amicably settled their disputes by entering into the Settlement Agreement dated 25.11.2024, which reads as under: -
3. The above agreement has been signed by the concerned parties and their respective Advocates as well as the Mediator. In view of the above settlement, the parties have agreed that the respondent shall withdraw the case mentioned in para 2 of the Settlement Agreement, filed by the respondent, and take all steps to put an end to all civil/criminal litigation existing between the parties within one month after the disposal of the present petition.
5. The Transfer Petition is disposed of as not pressed for in view of the above Settlement Agreement.
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.
Parties are free to settle their disputes through mediation or other means, and the Court will facilitate such settlements.
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 discretion to allow the transfer of proceedings under the Hindu Marriage Act, 1955 from one jurisdiction to another based on the facts and circumstances of the case.
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