1. Appeal against High Court order — Settlement reached between spouses — Application for dissolution of marriage by mutual consent under Article 142 of the Constitution. (Para 2 , 3 )
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2025 Supreme(SC) 1536
SUPREME COURT OF INDIA
B.V. NAGARATHNA AND SATISH CHANDRA SHARMA, JJ.
Jayesh U And Another – Appellant
Versus
Roshni And Another – Respondent
Criminal Appeal No. 2575 of 2025 (Arising Out of SLP (Crl.) No. 12320 of 2024)
Decided on : 13-05-2025
The Supreme Court exercised its extraordinary powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955, based on a settlement agreement reached between the parties to resolve all pending disputes.
Headnote:(A) Hindu Marriage Act, 1955 - Section 13B(1) - Constitution of India - Article 142 - Divorce by mutual consent - Parties settled terms for divorce including payment of Rs.5,00,000/- and transfer of flat ownership, withdrawing all pending cases - Court found agreement was free of coercion and granted dissolution of marriage. (Paras 3, 6, 11, 14)
(B) Court’s role in consensual divorce - When parties voluntarily agree without undue influence, the court recognizes their settlement and facilitates the dissolution process as per law. (Paras 8, 10)
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2. Parties submitted a joint application for divorce by mutual consent on agreed terms, including alimony, property transfer, and withdrawal of pending litigations. (Para 3 , 4 , 5 , 6 )
3. The court observed that the parties voluntarily agreed to the settlement without coercion and expressed their desire to dissolve the marriage by mutual consent. (Para 8 , 9 )
4. The Supreme Court can exercise its extraordinary powers under Article 142 of the Constitution to dissolve a marriage by mutual consent. (Para 14 )
5. Marriage dissolved by decree of divorce by mutual consent; pending criminal proceedings quashed; High Court order set aside; appeal disposed of. (Para 12 , 14 , 16 , 17 )
6. Can the Supreme Court dissolve a marriage by mutual consent using Article 142?
Yes, the Court can exercise its powers under Article 142 of the Constitution of India to dissolve a marriage by a decree of divorce by mutual consent, specifically under Section 13B(1) of the Hindu Marriage Act, 1955. (Para 14 )
7. What conditions must be met for the Court to grant a divorce based on a settlement agreement?
The Court must be satisfied that the parties have arrived at the agreement on their own free volition, without any coercion or undue influence from either side. (Para 9 )
8. Can the Court quash criminal proceedings as part of a matrimonial settlement?
Yes, the Court can quash pending criminal proceedings as part of a comprehensive settlement agreement between parties seeking the dissolution of their marriage. (Para 6 , 12 )
ORDER :
1. Leave granted.
2. Being aggrieved by the order dated 20.06.2024 passed in Crl. M.C. No.1573/2024 by the Kerala High Court, the appellants have filed this appeal.
3. Learned counsel for the respective parties submitted that during the pendency of this matter before this Court, the parties have entered into a settlement, whereby they have decided to part ways and seek dissolution of their marriage by a decree of divorce by mutual consent and, therefore, they have jointly filed an application under Article 142 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 (for short "CPC") delineating the terms of separation and seeking a decree of divorce.
4. Learned counsel for the appellants submitted that one of the terms is that a sum of Rs.5,00,000/-(Rupees Five Lakhs only) has to be paid by appellant No.1 to respondent-wife/respondent No.1. A demand draft for a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) has been handed over by learned counsel for the appellants to learned counsel for the first respondent who has acknowledged receipt of the same.
5. It was further submitted that flat which was jointly purchased by the parties i.e., first appellant and the first respondent, shall be registered solely in the name of the first respondent and the right, title and interest of the appellant No.1 in the said flat vide Sale Deed No.5528/2018 shall be relinquished in favour of the first respondent.
6. The other terms of the settlement that have been pointed out to us are, they would withdraw all cases pending between them including C.C. 989/2023 or that they seek quashing of all the cases pending between them inter se. Therefore, learned counsel for the respective parties submitted that while taking on record the application filed under Article 142 of the Constitution of India, the marriage between the parties may be dissolved under Section 13B(1) of the HINDU MARRIAGE ACT , 1955 and, accordingly, direct the parties to comply with the terms of the Settlement Agreement.
7. The parties are before this Court through video conferencing facility. They have been identified by their respective counsel.
8. When queried by this Court, they stated that they have indeed agreed to part ways and seek dissolution of their marriage by a decree of divorce by mutual consent on the terms and conditions mentioned in their joint application filed under Article 142 of the Constitution of India.
9. They further stated that they have arrived at an agreement/settlement on their own free volition without there being any coercion or undue influence from any side. They stated that they would abide by the terms and conditions of the settlement.
10. In the above backdrop, we have taken on record the application filed under Article 142 of the Constitution of India and we have perused the same.
11. Having perused the said application, we find that the parties are essentially seeking: (i) dissolution of their marriage by a decree of divorce by mutual consent which shall be under Section 13B(1) of the HINDU MARRIAGE ACT , 1955; (ii) that the first appellant shall transfer his right, title and interest in the flat jointly owned by the first appellant and the first respondent in favour of the first respondent - wife within three weeks from today; (iii) that a sum of Rs.5,00,000/- (Rupees Five lakhs Only) has been paid by the first appellant to first respondent by demand draft bearing No.003496 drawn on HDFC bank dated 16.04.2025, the receipt of which is acknowledged by learned counsel for the respondents.
12. There are other conditions mentioned in the Settlement Agreement which do not require reiteration. However, respondent No.1 undertakes to withdraw O.P. No.359/2023 within three weeks from the date of the transfer of the flat. She also undertakes to withdraw O.P. No.1795/2024 within three weeks. The proceedings in CC No.989/2023 pending on the file of the Judicial Magistrate First Class, Wadakkanchery, Thrissur District, Kerala arising
