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2025 Supreme(SC) 1476
SUPREME COURT OF INDIA
M.M. SUNDRESH AND ARAVIND KUMAR, JJ.
Aakritee Singh @ Shalu - Appellant
Versus
Rajesh Singh - Respondent
Transfer Petition(S) (Civil) No. 373 Of 2024
Decided on : 03-01-2025
The Supreme Court, invoking its extraordinary powers under Article 142 of the Constitution of India, granted a mutual divorce and quashed multiple pending civil and criminal proceedings based on a settlement agreement and payment of alimony reached between the parties.
Headnote:(A) Constitution of India - Article 142 - Joint Settlement Agreement - Parties reached a settlement in matrimonial disputes with a demand draft of Rs.13,50,000/- provided by the husband to the wife, resulting in mutual divorce. The court invoked its power under Article 142 to formalize the divorce and prohibited future complaints. (Paras 1-4)
Facts of the case:
The parties involved, appellant and respondent, presented a joint application indicating their resolution of disputes and included a Settlement Agreement dated 06.12.2024.
Findings of Court:
The court endorsed the mutual divorce in accordance with the Settlement Agreement, ensuring it binds the parties to the agreed terms going forward.
Issues: The primary issue was the legality and implications of the settlement agreement between the parties, alongside the legal provisions for formalizing the divorce.
Ratio Decidendi: The court highlighted the importance of the agreed Settlement Agreement and invoked its powers under Article 142 to grant divorce, reinforcing that the settlement forms part of the court's order and binds both parties.
Result: Mutual divorce granted as per the Settlement Agreement.
Legal Category Hierarchy
-
family law
-
divorce
- mutual divorce
-
divorce
-
constitutional law
-
judicial powers
- article 142
-
judicial powers
-
crime and sentencing
-
offences against the person
- cruelty
-
offences against the person
-
practice and procedure
- settlement and compromise
- quashing of proceedings
ORDER :
1. A joint application has been filed by the learned counsel appearing for both the parties in I.A. No.300594/2024 bringing to the notice of this Court, a Settlement Agreement dated 06.12.2024 duly signed by the parties and attested by the learned counsel for both the sides to the effect that the matter has been resolved between the parties.
2. In tune with the said Settlement Agreement, a Demand Draft amounting to Rs.13,50,000/- has been handed over by the learned counsel for the respondent-husband to the counsel for the petitioner-wife, a copy of which is placed on the file. Consequently, the following cases are closed/withdrawn/quashed:
(1) D.V. Case M.P. No.15/2022 pending before 2nd Judicial Magistrate of Serampore, West Bengal.
(2) FIR bearing No.20/2022 under Section 498A, 406, 504, 354B, 376 & 511 IPC, pending before the ACJM, Serampore, West Bengal.
(3) Case bearing No.A482/46361/2023 titled as Aakritee Singh @ Shalu Vs. State of U.P. & Ors. Pending before the Allahabad High Court.
(4) M.P. Case No.02/2022 pending before the Family Court ACJM, Serampore, West Bengal.
(5) Complaint Case No.6753/2021 pending before the Upper Civil Judge, Ghazipur, Uttar Pradesh.
(6) Matrimonial Case No.25/2023, pending before PJFC, Ghazipur, Uttar Pradesh.
(7) Writ Petition (Registration No.1248/2022/CNR No.WBCHCA-014073/2022 titled as Rajesh Kumar Singh Vs. State of West Bengal & Ors.
3. Accordingly, by invoking our power under Article 142 of the Constitution of India, there shall be a mutual divorce between the parties, as agreed upon. A decree of divorce be drawn up accordingly.
4. We make it clear that henceforth, the parties shall not file any case/complaint against each other. The settlement that has been duly arrived at between the parties shall form a part of this order. It is needless to state that the parties are bound by the terms of the settlement which has been arrived at between them.
5. Accordingly, I.A. No.300594/2024 is allowed and the Transfer Petition stands disposed of on the aforesaid terms.
6. Pending application(s), if any, shall stand disposed of.
