The Supreme Court can exercise its extraordinary powers under Article 142 of the Constitution of India to dissolve a marriage on the grounds of irretrievable breakdown and quash all associated pending civil and criminal proceedings upon a settlement reached between the parties.

ORDER :

The present transfer petition sought transfer of an application seeking maintenance from the Family Court, Thane, Mumbai to Family Court Gurugram, Haryana.

2. The parties were sent for mediation and though two mediations failed, the third one has resulted in a settlement. The terms of settlement as relevant is extracted hereunder :

xxx xxx xxx

TERMS AND SCHEDULE OF THE SETTLEMENT

5. After understanding the process of Mediation, the parties have arrived at an amicable settlement on the terms and condition as under :-

A. It is agreed between the parties that there is no possibility of re-union due to irreconcilable differences and as such they have decided to separate their ways and go for dissolution of their marriage by mutual consent in accordance with law as provided under Section 10(1) (X) of Indian Divorce Act, 1869 for dissolution of the marriage.

B. That the parties have agreed that the Petitioner/husband shall pay to the Respondent/Wife & the daughter a total sum of Rs. 80,00,000/- (Rupees Eighty Lakhs Only) towards full and final settlement. Out of the said amount of Rs. 80,00,000/-, Rs. 40,00,000/- (Rupees Forty Lakhs Only) shall be towards all her claims regarding permanent alimony, Stridhan, maintenance (past, present, future) and Rs. 40,00,000/-(Rupees Forty Lakhs Only) to the daughter towards the maintenance, education and other expenses of the minor daughter "AZALIAH MINERVA PRADHAN" any other claim whatsoever. That the said payment shall be made on or before 30th September 2026.

C. It is further agreed between the parties that they will make an appropriate application Under Article 142 of the Constitution of India to grant relief, by exercising Hon'ble Supreme Court's extra ordinary powers i.e. the dissolution of marriage by the Hon'ble Court itself. The said amount shall be paid by way of a Demand Draft/ RTGS/ NEFT at the time of dissolution of the marriage, i.e. when the Hon'ble Court grants relief as prayed for under Article 142 of the Constitution of India.

D. It is further agreed that the remaining Rs. 40,00,000/- (Rupees Forty Lakhs Only) shall be paid towards the upbringing, maintenance, education, health and other expenses of the minor daughter "AZALIAH MINERVA PRADHAN"/Respondent No. 2 herein. The said amount shall also be paid at the time of dissolution of the marriage between the petitioner and Respondent/Wife i.e. when the relief is granted by the Hon'ble Court, under Article 142 of Constitution of India.

E. It is agreed that out of the Rs. 40,00,000/-(Rupees Forty Lakhs Only), to be paid towards the minor daughter "AZALIAH MINERVA PRADHAN", the payment shall be made in the following manner:-

i. Rs. 10,00,000/- (Ten Lakhs Only) shall be deposited in the form of a Fixed deposit receipt (FDR) in the name of the Daughter "AZALIAH MINERVA PRADHAN" with Respondent/Wife as the nominee.

ii. Rs. 30,00,000/- (Rupees Thirty Lakhs Only) shall be paid in the form of demand draft / RTGS/ NEFT, to be deposited in the account of the minor daughter. The details of her account name for Demand Draft are 'AZALIAH MINERVA PRADHAN'

iii. The said amount shall only be used for the welfare upbringing, education, health and other misc. expenses of the minor daughter.

iv. That it is agreed that the present settlement is between the Husband and wife. The amount of Rs. 40,00,000/- is paid to the minor towards her upbringing, care, health, education and it will not impact her inheritance rights.

CUSTODY/VISITATION RIGHTS

6. It is further agreed that the custody of minor child namely "AZALIAH MINERVA PRADHAN", which is already with the Respondent/wife, shall remain with the Respondent/wife and she undertakes the responsibility of care, upbringing, education, health and over all welfare of the minor daughter.

7. It is further agreed between the parties that, in the event the minor daughter initiates a desire to meet the Petitioner/Husband, the Respondent/wife shall not raise any objection and shall facilitate such visitation/meeting at a m