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
| 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 :
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:-
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 th
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.
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