1. Matrimonial dispute — Transfer Petition — Pending proceedings under Protection of Women from Domestic Violence Act and Section 498-A IPC — Settlement via mediation. (Para 2 )
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2025 Supreme(SC) 1467
SUPREME COURT OF INDIA
SANJAY KAROL AND MANMOHAN, JJ.
Nidhi Yadav - Appellant
Versus
Vijay Kumar Yadav - Respondent
Transfer Petition No. 3125 of 2023
Decided on : 03-01-2025
The Court dissolved the marriage by mutual consent and quashed all pending civil and criminal proceedings between the parties based on a settlement agreement reached through mediation, effectively resolving all matrimonial disputes and associated litigation.
Headnote:(A) Hindu Marriage Act, 1955 - Sections 13B - Divorce by mutual consent - Parties amicably resolved matrimonial disputes through mediation - Settlement includes payment of Rs. 5,00,000/- towards all claims and agreement to withdraw all pending cases - Parties declare marriage dissolved and commit to abide by settlement terms. (Paras 1-17)
(B) Mediation - Importance of resolving disputes amicably - Court acknowledged mediation efforts to settle the matrimonial dispute between the parties, emphasizing cooperation and mutual consent to resolve conflicts. (Paras 1, 6, 17)
Facts of the case:
The marriage between the parties was solemnized on 27.02.2017. Disputes arose leading to separate living since 08.12.2017, resulting in multiple pending legal cases. The parties agreed to dissolve their marriage and resolve all outstanding claims through mediation.
Findings of Court:
The Court accepted the settlement reached by the parties, ordered the marriage dissolved and confirmed that all related pending cases would be quashed based on the settlement agreement.
Issues: The primary issue was the amicable resolution of matrimonial disputes and enforcement of the terms agreed upon by both parties through mediation.
Ratio Decidendi: The court confirmed that the mutual consent of parties reached through mediation is a valid means to dissolve marriage and settle related disputes, ensuring compliance with the agreed terms.
Result: Petition disposed of in terms of the settlement, marriage dissolved.
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Table of Contents
2. The court observed that the parties amicably resolved their disputes through mediation and agreed to dissolve their marriage and quash all pending litigation. (Para 1 , 3 )
3. Matrimonial disputes and associated criminal proceedings may be resolved through mediation, leading to dissolution of marriage by mutual consent and quashing of pending cases. (Para 3 )
4. Marriage dissolved by mutual consent — Pending civil and criminal cases quashed — Petition disposed of in terms of the settlement agreement. (Para 3 , 4 )
5. Can matrimonial disputes involving criminal proceedings be resolved through mediation?
Yes, parties may amicably resolve matrimonial disputes, including those involving criminal cases such as Section 498-A IPC and the Domestic Violence Act, through mediation to achieve a mutual divorce and the quashing of proceedings. (Para 1 , 2 , 3 )
6. What is the effect of a court-recorded settlement agreement on pending matrimonial litigation?
A court-recorded settlement agreement can result in the dissolution of marriage by mutual consent and the quashing or disposal of all related civil and criminal cases between the parties. (Para 3 )
7. How can the Supreme Court facilitate the dissolution of marriage based on a settlement?
Parties may jointly apply to the Supreme Court to exercise its power under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and quash pending litigation. (Para 2 )
ORDER :
1. We are happy to record that the parties with the help of learned Mediator have amicably resolved the dispute. We appreciate the efforts put in by Ms. Sadhana Sandhu, learned Mediator a practicing Advocate of this Court.
2. The terms of the settlement are extracted as under:-
"1. That the arrange marriage between the petitioner and respondent was solemnized as per Hindu rites and customs on 27.02.2017 at Hoshangabad (Naramadapuram) and there is no issue out of this wedlock. The cohabitation lasted only for few days and the matrimonial dispute arose between the parties and the parties resided separately since 08.12.2017.
2. The T.P.(C) No. 3125/2023 was filed before this Hon'ble Court by the Petitioner Nidhi Yadav. This Hon'ble Court vide order dated 29.07.2024, referred the matter to Supreme Court Mediation Centre and Ms. Sadhana Sandhu, Advocate has been appointed as mediator in this matter.
3. Comprehensive mediation sessions were held with the parties and their respective counsel on 27.08.2024, 01.10.2024, 21.10.2024, 08.11.2024, 11.11.2024, 14.11.2024, 07.12.2024 and today i.e. on 13.12.2024.
4. That with the indulgence of mediator and the counsel and the family members of the parties, the parties have decided at their own free will that they cannot live together as husband and wife and therefore, they shall live separately for ever and put an end to their matrimonial ties. Accordingly, this Settlement Agreement is being executed in the presence of the mediator and the counsel for the parties.
5. It is accepted by the parties, that as on today following court cases are pending between the Petitioner and Respondent and their family members:-
I. MJC R/0000260/2023 titled as Mrs Nidhi Yadav Vs Vijay Kumar Yadav Sec 12 Protection of Women from domestic violence Act, 2005 pending before the Court of L.d. Judicial Magistrate First Class, (Naramadapuram) M.P.
II. RCT/0000295/2024 Titled as Mrs. Nidhi Yadav Vs Vijay Kumar Yadav Sec, 498-A IPC 1860 before the Court of Ld. Judicial Magistrate First Class, (Naramadapuram).
III. Divorce Case No. 812/2023 titled as Vijay Kumar Yadav Vs Nidhi Kumar Yadav pending before the Court of Principal Judge Family Court, Kanpur U.P.
IV. Transfer Petition (C) No. 3125 of 2023 titled as Nidhi Yadav Vs Vijay Kumar Yadav, pending before this Hon'ble Court.
V. Any other pending-cases/complaints (Civil Criminal) against either parties and their family members or friends in relation to the present wedlock, if any.
6. That it is agreed between both the parties that the parties cannot live. together and the marriage between both the parties be dissolved so that both the parties can live separately at their own wish and with dignity. The parties have further agreed to adopt the theory of forgive and forget and proceed further in their lives. They accepted that they will cooperate with each other for the performance of the terms of the present settlement. agreement and parties undertake that they shall withdraw the cases filed by each of them. And/or will make appropriate prayers for quashing of the Civil and Criminal Cases filed by the parties against each other as mentioned above and put an end to the present and future litigation, with regard to the present matrimonial alliance.
7. It is agreed between both the parties that they will not initiate any further civil or criminal case against each other and/or their family members with regard to the present matrimonial alliance. It is also agreed between the parties that the Civil and/or Criminal Cases, if any, case filed related to this matrimonial bond and pending between the family members, relatives and/or friends and/or neighbours of the petitioner and/or respondent shall be withdrawn.
8. It is agreed between the parties that they will not use/misuse the photographs of each other in any manner and /or make any derogatory or defamatory comments or statement against each other by any mode/medium or any other platform in the society.
9. That it is also agreed be
