Constitution of India – Art.142 – Hindu Marriage Act, 1955 – s.9 – In the year 2024, the petitioner-wife instituted Divorce Petition u/s.13 of the HMA along with maintenance proceedings before the competent courts at Alwar, Rajasthan – The respondent-husband then filed H.M.A. No.984 of 2025 u/s.9 of the HMA before the Family Court, Saket District Court, New Delhi leading the petitioner-wife to file the present transfer petition – She sought transfer of H.M.A. No.984 of 2025 to the Family Court, Alwar, Rajasthan or any other competent court at Alwar, Rajasthan – This Court referred the disputes between the parties to the Supreme Court Mediation – Pursuant to which, the parties have arrived at a Settlement and have jointly filed an IA u/Art.142 of the Constitution, seeking appropriate orders in terms of settlement, including dissolution of their marriage:
Held: The parties have affirmed before this Court that the settlement has been entered into voluntarily, of their own free will, and without any coercion, duress, undue influence, fraud or collusion – They have further affirmed that all disputes and differences arising from their matrimonial relationship have been amicably settled, that no claims or demands remain outstanding against each other, and that there is no possibility of reconciliation between them – In terms of the Settlement Agreement, the respondent-husband, who is physically present before this Court, handed over a Demand Draft of Rs.20,00,000/-, drawn in favour of the petitioner-wife in Court today – The remaining terms of the Settlement Agreement have already been complied with by the parties – Having regard to the fact that the parties have been living separately for more than three years, that all disputes arising out of their matrimonial relationship have been amicably resolved, that the settlement has been arrived at voluntarily and without any coercion and that there is no possibility of reconciliation between the parties – The present case is a fit case for exercise of the jurisdiction of this Court u/Art.142 of the Constitution of India so as to bring a quietus to the disputes between the parties and secure complete justice – It is directed that the marriage solemnised between the petitioner-wife and the respondent-husband on 21.11.2021 is hereby dissolved by a decree of divorce by mutual consent – All the cases/proceedings pending between the parties, arising out of their matrimonial relationship, are quashed and closed. [Paras 8, 10, 11, 13, 14]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.