Case Note & Summary
The case involved a civil appeal concerning a mutual consent divorce between the parties, Santosh Kumar Pahadiya and Usha Gupta. The parties filed a joint petition of compromise, indicating their agreement to resolve all disputes amicably, including a mutual consent divorce. The husband agreed to pay a total of fifteen lakhs as permanent alimony to the wife in two instalments, with specific payment dates outlined. The wife also requested the withdrawal of her pending petition under Section 125 of the Code of Criminal Procedure, which was accepted by the court. Additionally, the parties agreed to quash a criminal case pending against the husband in Gwalior. The Supreme Court found the compromise to be lawful, allowed the civil appeal, set aside the impugned judgments, granted the mutual consent divorce decree, and quashed the criminal proceedings. The court emphasized that failure to pay the agreed instalments would result in the recall of the order and dismissal of the special leave petition.
Headnote
A) Family Law - Mutual Consent Divorce - Lawfulness of Compromise - Code of Civil Procedure, 1973 - The parties agreed to a mutual consent divorce and the husband consented to pay permanent alimony. The court found the compromise lawful and granted the divorce decree while quashing the pending criminal case against the husband (Paras 1-2).
Issue of Consideration
Whether the compromise agreement between the parties is lawful and should be accepted.
Final Decision
The Supreme Court allowed the civil appeal, set aside the impugned judgments, granted the mutual consent divorce decree, and quashed the pending criminal case against the husband.
Law Points
- Mutual consent divorce
- Permanent alimony
- Withdrawal of petition
- Quashing of criminal proceedings
