The court may exercise its inherent constitutional power to dissolve a marriage by mutual consent and quash all pending related litigations when parties present an amicable settlement demonstrating an irretrievable breakdown of the marital relationship, thereby ensuring the final resolution of all disputes.

ORDER

1. Leave granted.

2. The respondent has filed the transfer petition before the High Court seeking transfer of Civil Misc. Case No. 163/2023 from the Family Court No.1, Jodhpur to the Court of Additional District Judge, Jaitaran District Pali, which was allowed by the High Court.

3. Aggrieved by the said order, the appellant-husband filed the present appeal. During the pendency of aforesaid appeal, this Court, vide order dated 12.12.2025, issued notice to the respondent and referred the parties to the Supreme Court Mediation Centre for exploring the possibility of an amicable settlement. 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 12.05.2026 which has been signed by both the parties, counsel for the parties and the Mediator, copy of which has been filed by the Supreme Court Mediation Centre.

4. Learned counsel for the parties has also filed a joint application being IA No. 157625 of 2026 for exercising jurisdiction under Article-142 of the Constitution and for grant of the following prayers:

“a) Allow the present Application and dissolve the marriage between the parties in terms of the Settlement Deed dated 12.05.2026; and

b) Quash and or/ direct closure of all pending cases, FIRs or litigations of any nature whatsoever filed by Petitioner husband and/or his family members against the Respondent wife and/or her family members and vice versa arising out of the present matrimonial dispute; and

c) Pass such further and other order/s as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case."

5. We have taken the Joint Application and Settlement Agreement dated 12.05.2026 on record.

6. The terms and conditions and the relevant paragraphs as set out in Settlement Agreement dated 12.05.2026 are as under:

“A. That the Petitioner - husband has agreed to pay Rs. 24,00,000/- (Rupees Twenty Four Lakhs only) to Respondent-wife towards full and final settlement of all the claims regarding dowry, stridhan, permanent alimony and maintenance (past, present and future) and any other claim whatsoever.

B. That, the parties will, within one week move a joint application before the Hon'ble Supreme Court under Article 142 of the Constitution of India for invoking inherent powers of the Hon'ble Supreme Court praying for divorce by mutual consent as parties are staying separately since 2023 i.e. for more than three years and there is an irretrievable breakdown of the marriage. In the said application the party will also pray for the quashing/closure of all pending cases or proceedings of any nature whatsoever, whether civil or criminal, FIRs, complaints, filed or caused to be filed by the Petitioner Husband and/or any member of his family against the Respondent Wife and/or any member of her family, and vice versa, arising out of or in connection with the present marriage and matrimonial disputes, whether already disclosed or previously not disclosed.

C. That after the grant of divorce, they will not interfere in each other’s social life or personal life by any means or mode through social media, online or offline and will also ensure that members of either family not get indulge with any such activity.

D. That during their conjugal relationship, both the parties have taken photographs or videos together or of each other which may be in their mobile phones or laptops or in social media accounts which might not have been deleted yet. Both the parties have agreed that they shall delete all the photographs and videos of each other either single or joint and shall not use these photographs or share them public pla