The court may invoke Article 142 to dissolve a marriage that has irretrievably broken down, regardless of mutual consent, provided it fixes a comprehensive permanent alimony to ensure finality and terminate all ancillary legal proceedings between the parties.

JUDGMENT :

VIKRAM NATH, J.

1. Leave granted.

2. The present appeal arises out of the judgment and order dated 3rd October 2024 passed by the High Court of Allahabad in First Appeal No. 930/2024, whereby the High Court dismissed the husband's appeal and upheld the order of the Family Court dismissing the divorce petition.

3. The facts giving rise to the present appeal are as follows:

3.1. The marriage between the appellant-husband and the respondent-wife was solemnised on 19th April 2017, in accordance with Hindu rites and ceremonies.

3.2. The appellant-husband is an officer in the Indian Army, and the respondent-wife is a qualified doctor (B.D.S.) ¹[Bachelor of Dental Surgery.].

3.3. Owing to marital discord, the respondent-wife moved out of the matrimonial home. She attributed the breakdown of the marriage to the appellant-husband's alleged adultery.

3.4. On 30th April 2018, the respondent-wife made an application before the Army Authorities seeking monthly maintenance under Section 90(i) of the Army Act, 1950. An order was accordingly passed, and deductions were made at source from the appellant-husband's salary until September 2019.

3.5. On 1st October 2018, alleging mental and physical harassment and domestic violence, the respondent-wife filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005²[Hereinafter, “DV Act”.].

3.6. On 24th November 2018, the respondent-wife filed a criminal complaint with the Mahila Thana, P.S. Noida.

3.7. On 29th November 2019, the respondent-wife instituted proceedings under Section 125 Code of Criminal Procedure,1973³[Hereinafter, “CrPC”.], seeking maintenance, registered as Miscellaneous Case No. 447/2018 before the Family Court, Gautam Budha Nagar, Noida.

3.8. The parties were called for mediation by the Mahila Thana and they entered into a Settlement Agreement dated 21st February 2019. Under the agreement, both parties agreed to file for divorce by mutual consent upon the respondent-wife receiving a total sum of Rs. 31,00,000/- (Rupees Thirty-One Lakhs only), and the respondent-wife agreed to withdraw her domestic violence and maintenance proceedings. At that stage, the appellant-husband paid Rs. 10,00,000/- (Rupees Ten Lakhs only) to the respondent-wife. Claims pertaining to jewellery and other articles were also settled, and the said items were returned to the respondent-wife.

3.9. The Family Court passed an ex-parte order dated 26th October 2019, directing the appellant-husband to pay Rs. 30,000/- (Rupees Thirty Thousand only) per month as maintenance under Section 125 CrPC. Upon becoming aware of this order, the appellant-husband filed an application under Section 126 CrPC seeking its recall.

3.10. The appellant-husband states that around December 2019, the respondent-wife verbally renegotiated the settlement terms, seeking an additional Rs. 1,00,000/- (Rupees One Lakh only), which was agreed upon, thereby revising the total permanent alimony to Rs. 32,00,000/- (Rupees Thirty-Two Lakhs only).

3.11. On 2nd January 2020, the first motion petition for divorce by mutual consent was filed. At this stage, the appellant-husband paid a second instalment of Rs. 10,00,000/- (Rupees Ten Lakhs only).

3.12. Thereafter, the respondent-wife neither signed nor filed the second motion petition and ceased appearing before the Court.

3.13. Consequently, the Family Court vide order dated 1st July 2023, disposed of the mutual consent divorce proceedings owing to the expiry of the statutory period of eighteen months.

3.14.