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MANMOHAN, SANJAY KAROL
Nidhi Yadav – Appellant
Versus
Vijay Kumar Yadav – Respondent
| Table of Content |
|---|
| 1. acknowledgment of amicable resolution (Para 1) |
| 2. settlement and mediation leading to divorce (Para 2 , 3 , 5) |
| 3. terms of settlement and agreements post-divorce (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
ORDER :
2. The terms of the settlement are extracted as under:-
3. The parties through the learned counsel undertake to abide by the same. They have been made aware of the consequences of breach thereof. In view of the settlement, the marriage between the parties solemnised on 27th February, 2017 as per Hindu rites and customs stands dissolved by way of mutual consent and also all cases, inter-se the parties arising out of the matrimonial dispute as enumerated in paragraph 5 of the settlement agreement would stand quashed/disposed of and the copy of the order be placed on the respective files in the said cases.
5. The Registry to prepare the decree.
The court can exercise its plenary powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and accept settlement agreements between parties, leading to th....
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) ....
Courts have a duty to encourage amicable settlements in matrimonial disputes.
The court can dissolve a marriage by mutual consent under Article 142 when parties have amicably settled their disputes, ensuring compliance with agreed terms.
The court affirmed that mutual consent and voluntary agreements between parties can lead to the dissolution of marriage and resolution of disputes under Article 142 of the Constitution.
Settlement agreements in matrimonial disputes can lead to the quashing of pending legal proceedings when terms are fulfilled.
Divorce by mutual consent – A dead marriage must be given a decent quietus.
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