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2025 Supreme(Online)(SC) 525
SUPREME COURT OF INDIA
AMAN BHAGAT – Appellant
Versus
DR. ANKITA JAISWAL – Respondent
T.P.(C) No.-001574 - 2024
The court granted a decree of divorce by mutual consent under Article 142, recognizing the binding nature of the settlement agreement reached between the parties.
Headnote:(A) Hindu Marriage Act, 1955 - Section 13(1A) - Code of Criminal Procedure, 1973 - Section 125 - Domestic Violence Act, 2005 - Section 12 - Divorce by mutual consent - The parties, having lived separately for several months, reached a settlement through mediation, agreeing to a divorce and a financial settlement of Rs.4,00,000/- - The court granted the decree of divorce under Article 142 of the Constitution of India, quashing all pending cases between the parties. (Paras 1, 2, 3, 4, 5, 6, 7, 8, 9, 10)
(B) Mediation - The court emphasized the importance of mediation in resolving disputes amicably, leading to a mutual agreement between the parties to dissolve their marriage. (Paras 2, 3, 4, 5)
Facts of the case:
The marriage was solemnized on 09.02.2023, but the parties lived together for only 15 days before separating due to incompatibility. Multiple legal cases were filed by both parties, leading to mediation efforts.
Findings of Court:
The court found that the relationship had irretrievably broken down, and the parties had amicably settled their disputes, leading to the granting of a divorce.
Issues: The main issues included the validity of the mutual consent divorce and the settlement terms agreed upon by the parties.
Ratio Decidendi: The court ruled that the mutual consent divorce was valid under Article 142, and the settlement terms were binding, allowing both parties to live separately without further claims against each other.
Result: The marriage between the parties is dissolved by decree of divorce by mutual consent.
ORDER
The marriage between the petitioner and the respondent was solemnized on 09.02.2023. But they remained as husband and wife for barely 15 days, as their relationship got strained and since then they have been living separately. Subsequently, the respondent – wife filed a Divorce Petition being C.S. No. 276A of 2024 and maintenance case, being M.J.C. No. 342 of 2024 before the Family Court at Bilaspur, Chhatisgarh. By now multiple cases have been filed between the parties.
During the course of hearing, efforts were made to bring about a mutual settlement and vide order dated 22.07.2024, with the consent of the parties, the matter was referred to the Supreme Court Mediation Centre for an amicable settlement of the disputes. By virtue of the mediation and the efforts of both the parties, the settlement has been arrived at between the parties.
The parties were sent to Ld. Registrar- II (Judl. Admn.) for recording of statements in view of the settlement and Ld. Registrar was asked to prepare a report after going through the terms of the settlement agreement. Consequently, the Ld. Registrar has filed a Report stating that he had interacted with the parties and there is no chance of them living together. Therefore, now parties have filed a joint application for Divorce by mutual consent under Article 142 of the Constitution of India. The statement of parties before the Ld. Registrar and terms of the Settlement Agreement dated 04.12.2024 are reproduced as under :-
STATEMENT OF THE PARTIES “
This Hon’ble Court vide order dated 10th January, 2025, has directed us, the parties to the aforesaid transfer petitions, to appear before the concerned Registrar (Judicial) on 15th January, 2025, at 11.00 a.m. for interaction, recording of statement in view of the Settlement Agreement and to confirm that the parties are agreeable to the settlement. The order further directed that the concerned Registrar (Judicial) shall go through the terms of the Settlement Agreement and prepare a Report to be placed before the Hon’ble Court. These transfer petitions will be listed on 16th January, 2025, and we have been directed to appear in-person on the said date.
In compliance with the order dated 10th January, 2025, we, Aman Bhagat (petitioner), Ankita Jaiswal (respondent) along with our respective Advocates on- record appeared before the Registrar-II (Judl. Admn.) on the stipulated date and time for the purpose of interaction and recording this statement.
JOINT STATEMENT OF Aman Bhagat S/o Dr. Bipin Kumar Bhagat, R/o House No.15, Dwarika Vihar, Kanke Block Chowk, Kanke, District Ranchi, Jharkhand – 834006.
AND Dr. Ankita Jaiswal, W/o Mr. Aman Bhagat, R/o Main Road, High Schook Chowk, Ratanpur Police Station, Ratanpur Tehsil, Ratanpur District, Bilaspur, Chhattisgarh.
We, the parties herein, submit that the marriage between us, was solemnized as per Hindu rites and customs on 9th February, 2023, at Ranchi, Jharkhand. On account of incompatibility and temperamental differences, the parties herein are living separately since 23rd March, 2023. There is no child born out of wedlock. Due to differences and dispute, following cases have been filed, which are subject-matter of these transfer petitions :
(1) C.S. No.276A of 2024 under Section 13(1A) of the Hindu Marriage Act, 1955 , filed by Ankita Jaiswal, which is pending before the Principal Judge, Family Court, Bilaspur, Chhattisgarh.
(2) M.J.C. No.342 of 2024 under Section 125 of the Code of Criminal Procedure, 1973 , filed by Ankita Jaiswal, which is pending before the Principal Judge, Family Court, Bilaspur, Chhattisgarh.
(3) Case No.5 of 2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 , filed by Ankita Jaiswal, which is pending before the IInd Civil Judicial Class-II, Kota, Bilaspur, Chhattisgarh.
Apart from the abovesaid cases, the following cases/complaint are also pending between the parties:
(i) F.I.R. No.264/2024, P.S. Kanke, Ranchi, Jharkhand, under Sections 385/387/323/50
