Case Note & Summary
The case involved a dispute between Smt. Aparna Goyal and Rakesh Goyal regarding their marriage and associated claims. The parties appeared before the Supreme Court Lok Adalat on December 6, 2008, where they agreed to settle their disputes amicably. They sought a divorce by mutual consent and agreed that the husband would pay a sum of Rs.10,00,000/- to the wife as full and final settlement of her claims related to the marriage. The husband presented a draft for the agreed amount to the court's registry. The court disposed of the Special Leave Petitions and Transfer Petitions, directing that the amount be handed over to the wife. Additionally, the court disposed of the pending criminal and civil cases filed by the wife and the divorce petition filed by the husband. The court ordered that the divorce be granted in accordance with the provisions of the Hindu Marriage Act, 1956, thereby dissolving the marriage. The judgment was delivered on January 27, 2009.
Headnote
A) Family Law - Divorce by Mutual Consent - Agreement for Divorce - Hindu Marriage Act, 1956, Sections 13B(1), 13B(2) - Parties agreed to settle their disputes and sought divorce by mutual consent, leading to the dissolution of marriage as per the agreed terms. The court directed the disposal of pending criminal and civil cases in light of the mutual agreement. Held that the divorce was granted in accordance with the provisions of the Act (Paras 2-3).
Issue of Consideration
Whether the parties can settle their disputes and obtain a divorce by mutual consent.
Final Decision
The Supreme Court disposed of the petitions, granting divorce by mutual consent and directing the disposal of pending criminal and civil cases as per the agreement between the parties.
Law Points
- divorce by mutual consent
- settlement of claims
- disposal of pending cases
