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MANOJ MISRA, PAMIDIGHANTAM SRI NARASIMHA
Kumari Bharti – Appellant
Versus
Saurabh Kumar Jha – Respondent
ORDER :
1. The petitioner-wife has filed the transfer petition, under Section 25 of the Code of Civil Procedure, 1908, before this Court seeking transfer of Petition filed under Section 13 of the HINDU MARRIAGE ACT for dissolution of marriage by decree of divorce instituted by the respondent-husband being Matrimonial Case No. 220 of 2023 titled as "Shri Saurabh Kumar Jha vs. Smt. Kumari Bharti" pending before the Family Court at Port Blair, District-South Andaman, Andaman and Nicobar Islands to the Court of Principal Judge, Family Court, District-Dumka, Jharkhand.
2. During the pendency of this transfer petition, the parties were referred to the Supreme Court Mediation Centre vide order dated 10.09.2024. By virtue of the mediation, the parties have arrived at a settlement and they have decided to part ways on certain terms and conditions which are delineated in the settlement agreement dated 18.12.2024 which has been signed by both the parties, their counsel and the Mediator, copy of which has been filed by the Supreme Court Mediation Centre.
3. Learned counsel have also filed a joint application seeking dissolution of the marriage between the parties by passing a decree of divorce
The court upheld the mutual consent divorce under the Hindu Marriage Act, recognizing the validity of the settlement agreement between the parties.
The court can exercise jurisdiction under Article 142 of the Constitution to dissolve a marriage by mutual consent and may dispense with statutory requirements based on precedent.
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 granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the validity of the parties' Settlement Agreement.
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) ....
The court exercised its powers under Article 142 to dissolve a marriage by mutual consent and quash all pending litigation, emphasizing the importance of resolving disputes amicably.
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