1. Matrimonial dispute — Separation — Settlement reached through mediation — Petition for dissolution of marriage and quashing of related criminal and civil proceedings. (Para 1 , 2 , 4 )
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2025 Supreme(SC) 1473
SUPREME COURT OF INDIA
SANJIV KHANNA, CJ., C.T. RAVIKUMAR AND SANJAY KUMAR, JJ.
Ayushi Upadhyay - Appellant
Versus
Siddharth Kaushik - Respondent
Transfer Petition (Civil) No. 1322 of 2024
Decided on : 03-01-2025
The Supreme Court exercised its jurisdiction under Article 142 of the Constitution of India to dissolve a marriage by a decree of divorce by mutual consent and quash all pending civil and criminal proceedings between the parties based on a settlement agreement reached through mediation.
Headnote:(A) Constitution of India - Article 142 - Divorce by mutual consent - Parties entered into a settlement agreement whereby they agreed to dissolve their marriage amicably; the court exercised its jurisdiction under Article 142 to grant divorce. (Paras 7, 9)
(B) Legal proceedings - All pending cases between the parties were quashed, including domestic violence, maintenance, and criminal charges, ensuring no further legal action based on previous grievances. (Para 8)
Facts of the case:
The appellant and respondent married on 02.05.2022 and lived together until January 2023, after which they separated due to differences. No children were involved.
Findings of Court:
The settlement agreement was accepted, and the court decided that both parties would be bound by its terms, and ongoing legal actions would be quashed.
Issues: The key issue was the mutual consent for divorce and the acceptance of the settlement agreement.
Ratio Decidendi: The court affirmed that it could exercise its powers under Article 142 of the Constitution to facilitate the amicable dissolution of marriage.
Result: Transfer petition disposed of, and marriage dissolved by mutual consent.
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2. The court observed that the parties executed a settlement agreement, accepted the terms, and completed the transfer of funds and belongings. (Para 2 , 3 , 5 , 6 )
3. The court may exercise jurisdiction under Article 142 of the Constitution of India to dissolve a marriage by mutual consent upon a settlement. (Para 7 )
4. Marriage dissolved by decree of divorce by mutual consent; related criminal and civil proceedings quashed; transfer petition disposed of. (Para 7 , 8 , 10 , 11 )
5. Can the Supreme Court dissolve a marriage by mutual consent based on a settlement agreement?
Yes, the court can exercise its jurisdiction under Article 142 of the Constitution of India to dissolve a marriage by passing a decree of divorce by mutual consent when parties have reached a settlement. (Para 7 )
6. What is the effect of a comprehensive matrimonial settlement on pending criminal and civil proceedings?
Pending proceedings, including those under the Domestic Violence Act, Section 125 CrPC, Section 200 CrPC, and FIRs under Section 498A IPC and the Dowry Prohibition Act, can be quashed or disposed of as part of the settlement. (Para 8 )
7. Are parties precluded from initiating further litigation after executing a settlement agreement?
Yes, parties are bound by the terms of the settlement agreement and shall not initiate further legal proceedings based on the same cause of action or allegations. (Para 9 )
ORDER :
1. By the Award dated 30.07.2024 passed in the Special Lok Adalat, the parties were referred to the Supreme Court Mediation Centre for exploring the possibility of a settlement.
2. The parties have now executed a settlement agreement dated 07.12.2024, duly signed by the petitioner, Ayushi Upadhyay, and the respondent, Siddharth Kaushik, their relations and their respective counsel as well as the learned Mediator.
3. Learned counsel for the parties admit and accept that the parties have entered into the settlement agreement, as mentioned above.
4. Parties had gotten married on 02.05.2022. The petitioner, Ayushi Upadhyay, and the respondent, Siddharth Kaushik, resided together till January, 2023. Thereafter, due to differences between the parties, they started living separately. Parties do not have any children.
5. We take the Settlement Agreement dated 07.12.2024 on record.
6. The respondent, Siddharth Kaushik, handed over a demand draft for a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the learned counsel for the petitioner, which has been accepted by him. The belongings, in terms of Annexure-A to the Settlement Agreement dated 07.12.2024, have already been returned to the petitioner, Ayushi Upadhyay, in the Mediation Centre attached to this Court.
7. In view of the settlement, we deem it appropriate to exercise our jurisdiction under Article 142 of the Constitution of India and hereby dissolve the marriage between the petitioner, Ayushi Upadhyay, and the respondent, Siddharth Kaushik, by passing a decree of divorce by mutual consent.
8. The following proceedings pending between the parties will be treated as quashed/disposed of: -
1. Domestic Violence Criminal Case No. 23912 of 2023 pending before the learned Chief Judicial Magistrate, Agra, Uttar Pradesh, filed by the Petitioner against the Respondent and his family members.
2. Criminal Misc. Case No. 1782 of 2023 under Section 125 Cr.P.C. filed by the Petitioner, pending before the Family Court, Agra, Uttar Pradesh.
3. Warrant/Summons Case No. 22100 of 2023 under Section 200 Cr.P.C. pending before the learned Chief Judicial Magistrate, Agra, Uttar Pradesh, filed by the Petitioner.
4. FIR No. 303 of 2023 under Sections 4 98A, 323, 504, 506 of the IPC read with Section 3 and 4 of the Dowry Prohibition Act, 1961, lodged in P.S. Kamla Nagar, Agra, Uttar Pradesh, filed by the Petitioner against the Respondent and his family members.
5. CS No. 280 of 2024, titled "Rashmi Sharma vs. Ayushi Upadhyay", pending before the Court of the learned Civil Judge, Shahdara, Delhi.
6. H.M.A. Case No. 23 of 2024, titled "Siddharth Kaushik vs. Ayushi", pending before the Family Court Shahdara, Delhi.
9. Parties will be bound by the terms of the Settlement Agreement dated 07.12.2024 and shall abide by the same in true letter and spirit. Accordingly, the parties will not initiate legal proceedings on the abovementioned cause of action/allegations.
10. Recording the aforesaid, the transfer petition is disposed of.
11. Pending application(s), if any, shall stand disposed of.
