1. Transfer petition under Section 25 CPC regarding divorce proceedings under the Hindu Marriage Act — subsequent settlement reached through mediation. (Para 1 , 2 )
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2025 Supreme(SC) 1478
SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA AND MANOJ MISRA, JJ.
Kumari Bharti - Appellant
Versus
Saurabh Kumar Jha - Respondent
Transfer Petition (Civil) No. 59 of 2024
Decided on : 03-01-2025
Important Points
The Supreme Court exercised its extraordinary powers under Article 142 of the Constitution of India to dissolve a marriage by a decree of divorce by mutual consent based on a settlement agreement reached through mediation, effectively disposing of pending matrimonial litigation between the parties.
Subject
Family Law - Divorce
Act Referred
Headnote
(A) Code of Civil Procedure, 1908 - Section 25 - Hindu Marriage Act, 1955 - Section 13 - Transfer petition for dissolution of marriage by mutual consent - Parties have voluntarily settled their differences and agreed to divorce with mutual consent as per signed settlement - Court exercises powers under Article 142 of the Constitution to dissolve the marriage. (Paras 1, 3, 6)
(B) Mutual Consent Divorce - Divorce by mutual consent necessitates both parties to agree freely without coercion - Parties must undertake to abide by all terms of the settlement agreement fully. (Paras 4, 6, 8)
Facts of the case:
The petitioner-wife sought to transfer her divorce case from Port Blair to Dumka as the parties arrived at a settlement during mediation. The terms include financial settlements and return of household items.
Findings of Court:
The court viewed the case fitting for dissolution under Article 142, noting the agreement's validity and the parties' intention to settle.
Issues: Whether the case merits transfer for the divorce proceedings based on mutual consent.
Ratio Decidendi: The court finds sufficient grounds to exercise its jurisdiction based on the mutual consent agreement and binding nature of the terms.
Result: Marriage dissolved by mutual consent and transfer petition disposed of.
(B) Mutual Consent Divorce - Divorce by mutual consent necessitates both parties to agree freely without coercion - Parties must undertake to abide by all terms of the settlement agreement fully. (Paras 4, 6, 8)
Facts of the case:
The petitioner-wife sought to transfer her divorce case from Port Blair to Dumka as the parties arrived at a settlement during mediation. The terms include financial settlements and return of household items.
Findings of Court:
The court viewed the case fitting for dissolution under Article 142, noting the agreement's validity and the parties' intention to settle.
Issues: Whether the case merits transfer for the divorce proceedings based on mutual consent.
Ratio Decidendi: The court finds sufficient grounds to exercise its jurisdiction based on the mutual consent agreement and binding nature of the terms.
Result: Marriage dissolved by mutual consent and transfer petition disposed of.
Legal Category Hierarchy
Advocates appeared:
For the Petitioner(s): Mr. Rajesh Kumar Chaurasia, AOR Mr. Arvind Kumar Pandey, Adv. Ms. Satyama Dubey, Adv. Ms. Soni, Adv. Mr. Anurag Jain, Adv. Mr. Sunil Kumar Tomar, Adv.
For the Respondent(s): Mr. Shreyas Mehrotra, Adv. Mr. Surya Prakash, AOR Mr. Manish Kumar Mishra, Adv.
For the Petitioner(s): Mr. Rajesh Kumar Chaurasia, AOR Mr. Arvind Kumar Pandey, Adv. Ms. Satyama Dubey, Adv. Ms. Soni, Adv. Mr. Anurag Jain, Adv. Mr. Sunil Kumar Tomar, Adv.
For the Respondent(s): Mr. Shreyas Mehrotra, Adv. Mr. Surya Prakash, AOR Mr. Manish Kumar Mishra, Adv.
Table of Contents
2. Joint application for dissolution of marriage by mutual consent under Article 142 of the Constitution and disposal of the pending divorce petition. (Para 3 )
3. The court observed that the settlement agreement and joint application made it a fit case to exercise powers under Article 142 of the Constitution. (Para 6 )
4. The Supreme Court may exercise powers under Article 142 of the Constitution to dissolve a marriage by mutual consent based on a settlement agreement. (Para 6 )
5. Marriage dissolved by decree of divorce by mutual consent; pending matrimonial case and transfer petition disposed of. (Para 6 , 7 , 9 )
6. Under what circumstances can the Supreme Court dissolve a marriage by mutual consent?
The Supreme Court may exercise its powers under Article 142 of the Constitution of India to dissolve a marriage by mutual consent if the parties have reached a settlement and the court considers it a fit case. (Para 6 )
7. What is the effect of a decree of divorce passed under Article 142 on pending matrimonial proceedings?
Once the court dissolves the marriage under Article 142 of the Constitution, pending matrimonial cases between the parties are disposed of in accordance with the terms of the settlement agreement. (Para 7 )
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 by mutual consent in terms of the Settlement Agreement dated 18.12.2024 in exercise of powers under Article 142 of the Constitution of India as well as disposing of the divorce petition filed under Section 13 (1) (i-a) of the HINDU MARRIAGE ACT .
4. Further, as per the joint application, the terms and conditions as set out in Settlement Agreement dated 18.12.2024 are as under:
"1. That the First Party and Second Party have agreed to settle all their disputes and voluntarily on their own will decided not to live together as wife and husband. The parties have arrived at this Settlement in the presence of the Ld. Mediator and their respective Counsels out of their own free will without any coercion or undue influence of any nature whatsoever.
2. That the Parties shall undertake in the Court to abide by all the terms and conditions as incorporated in the present settlement agreement.
3. That the second party has agreed to hand over the articles described in Schedule I annexed to this settlement to the First Party. The articles of Schedule I have been handed over to the First Party on 06.12.2024 by the Second Party. The First Party confirm and acknowledges receipt of those articles.
4. That the Parties have agreed that the Second Party shall pay a lump sum amount of Rs. 12,00,000/- (Rupees Twelve Lakhs Only) to the First Party towards a full and final settlement of all her past, present and future claims as well as permanent alimony, stridhan, gifts and all other claims, if any. It is agreed that pursuant to the payment of the aforesaid amount, all the claims of the First Party qua the Second Party, shall stand extinguished in law. The respective parties, in future, shall not file any case, action, claim under any enactment against each other relating to present matrimonial disputes.
5. That the Parties have agreed that pursuant to execution of the present Agreement, the Parties shall file a joint application seeking dissolution of their marriage before Hon'ble Supreme Court in exercise of its powers under Article 142 of the Constitution of India.
6. The Second Party shall pay the sum of Rs. 12,00,000/- (Rupees Twelve Lakhs Only) to the First Party as a full and final settlement in accordance with the payment schedule as mentioned here under, which has been duly approved and agreed upon by both Parties: -
S.No. Amount Duration
1. Rs. 6,00,000/- At the time of signing of the present MOU/Settlement.
2. Rs. 6,00,000/- At the time of the passing of the decree for dissolution of marriage between the First Party and the Second Party under Article 142 of the Constitution of India.
The first part of payment i.e. Rs.6,00,000/-to this settlement shall be paid by the Second Party to the First Party through Cheque at the time of signing of the present settlement and Dissolution P
