AHSANUDDIN AMANULLAH, R. MAHADEVAN
Richa Pratik Kulshreshth – Appellant
Versus
Manjula Pradip Kulshreshth – Respondent
| Table of Content |
|---|
| 1. settlement terms between parties (Para 3 , 4 , 5 , 6 , 7) |
| 2. court's endorsement of settlement (Para 8) |
| 3. granting of divorce by mutual consent (Para 9 , 10 , 11 , 12) |
ORDER
Heard learned counsel for the parties.
2. The petitioner and the respondent are present in-person in Court and have been identified by their respective counsel.
3. The present transfer petition has been filed seeking transfer of Cr.M.A. No.875 of 2025, titled “Manjula Pradip Kulshreshth v. Richa Pratik Kulshreshth”, pending before the Court of 4th Additional Civil & Judicial Magistrate First Class, Old High Court Building, Navragpura, Ahmedabad, Gujarat, to the Court of JFMC, Narmadapuram, Madhya Pradesh.
4. Initially, the parties were sent for mediation at their request.
5. Today, we are informed that the parties have arrived at a settlement and have filed IA No. 42388 of 2026 seeking various reliefs. The Settlement Agreement dated 09.01.2026 is a part of the said application. We have also interacted with the parties and they accept that the application has been filed by them jointly and they are agreeable to the terms noted in the said Settlement Agreement.
6. For the purposes of ready reference, t
The court has the authority to dissolve a marriage by mutual consent when parties reach an amicable settlement, emphasizing mediation's role in legal disputes.
The court granted a decree of divorce by mutual consent under Article 142 of the Constitution, recognizing the irretrievable breakdown of the marriage and the settlement reached between the parties.
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 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 upheld the mutual consent divorce under the Hindu Marriage Act, recognizing the validity of the settlement agreement between the parties.
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