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
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:
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
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.
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