Constitution of India – Article 142 – Exercise of powers under – Grant of decree of divorce – Present transfer petition was filed by wife seeking transfer of the petition filed by husband u/s.9 of the Hindu Marriage Act, 1955 – Parties arrived at settlement before the Mediator for dissolution of marriage by mutual consent – Husband abided by the terms of settlement however, the wife resiled from the settlement agreement: Held: The petitioner-wife having taken advantage of the settlement executed before the Mediator managed to get the matrimonial case instituted by the respondent-husband withdrawn – She also accepted Rs.50 lakhs from the husband towards part payment of the permanent alimony and thereafter, tried to resile from the settlement without any justification – The conduct of the wife is clearly, recalcitrant inasmuch as she disregarded the terms and conditions agreed before the Mediator in the settlement proceedings undertaken pursuant to the directions of this Court – Because of her conduct, the husband was put to grave disadvantage inasmuch as he withdrew the matrimonial case and also paid a significant proportion of the permanent alimony to the wife in terms of the settlement agreement – The matrimonial relations between the spouses have broken down irrevocably and there is no possibility of reconciliation and revival of the spousal relationship – Hence, looking at the conduct of the wife and the other attending facts and circumstances, decree of divorce granted in exercise the powers under Article 142 of the Constitution of India – The marriage between the petitioner and the respondent is dissolved. [Paras 7, 10]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. 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.