MONICA – Appellant
Versus
EBENEZER ATHMAKOOR – Respondent
T.P.(C) No.-001257 / 2022
21-10-2022
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(Civil) No. 1257/2022
MONICA Petitioner(s)
VERSUS
EBENEZER ATHMAKOOR Respondent(s)
O R D E R
During the pendency of this Transfer Petition and pursuant to
Order dated 18072022, the matter was referred to the Supreme
Court Mediation Centre to explore the possibility of an amicable
settlement of the matrimonial disputes between the parties.
The Mediation has been successful and as a result thereto, the
petitioner (wife) and the respondent (husband) have entered into a
Settlement Agreement dated 17092022, a copy of which has been
placed on record as Annexure `A1’, which is duly supported with the
respective affidavits of the petitioner and the respondent.
A perusal of the abovestated Settlement Agreement reveals
that the parties have decided to dissolve their marriage by mutual
consent on the following terms and conditions:
“Para 2. That the parties have mutually agreed that since
there seems no possibility of them joining back as husband
and wife in future and it will be in the complete interest
of the parties to dissolve their relationship/marriage at
the earliest to bring peace and harmony in their life,
they have agreed to make a joint prayer to the Hon’ble
Supreme Court of India to dispose of the Transfer Petition
(C) No.1257 of 2022 and grant decree of divorce by mutual
consent in pursuant to Section 10A of the Indian Divorce
Act, 1869, by exercising its inherent powers under Article
Digitally signed by
VISHAL ANAND
Date: 2022.11.01
20:19:31 IST
Reason:
Signature Not Verified
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142 of the Constitution of India to dissolve their
marriage with immediate effect.
Para 4 – That it is agreed between the parties that the
full custody of the children namely, Masger Derrick and
Miss Diana would be with the First Party, Ms. Monica.
Para 7 – That both the Parties have agreed and resolved to
move a joint application before the Hon’ble Supreme Court
6 weeks after execution of this Settlement Agreement
(after both the parties, and their Counsels signing the
Agreement), for listing and disposal of the matter in
terms of this Settlement Agreement and for grant of decree
of divorce under Article 142 of the Constitution of
India.
Para 15 – That the present Settlement Agreement shall be
followed and complied in toto and breach of any of the
terms stated herein shall amount breach of the Mutual
Divorce Agreement/Settlement Agreement.”
In furtherance of the Settlement Agreement, the parties have
filed joint application for divorce by mutual consent under Article
142 of the Constitution of India read with Section 10 A of the
Indian Divorce Act, 1869, with the following prayers:
“(a) pass an order granting divorce by mutual consent to
the parties under Article 142 of the Constitution of India
read with Section 10 A of the Indian Divorce Act, 1869.
(b) pass any such other and further orders as this Hon’ble
Court may deem fit and proper in the premises of this
case.”
We have heard learned counsel appearing for the parties and
gone through the contents of the Settlement Agreement.
It is informed that the respondent (husband) has already made
the requisite payments as per Para 3 of the Settlement Agreement.
It is also stated that both the children are in custody of the
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petitioner as per Para 4 of the said Agreement.
In view of the fact that the parties on their own have
voluntarily decided to dissolve the marriage by way of decree of
divorce by mutual consent, we deem it appropriate to invoke our
powers under Article 142 of the Constitution of India and dissolve
the marriage between them by way of grant of decree of divorce by
mutual consent.
Ordered accordingly.
The parties
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