Case Note & Summary
The case involved a transfer petition filed by the wife for transferring her husband's petition under Section 9 of the Hindu Marriage Act, 1955 from Bahraich, UP to Delhi. The Supreme Court had previously stayed the proceedings and referred the matter to Lok Adalat, where the parties reached a settlement on 25.4.2009. The settlement included the withdrawal of proceedings against each other, acknowledgment of maintenance payment of Rs. 1,10,000, and an agreement to file for divorce by mutual consent under Article 13-B of the Act. The parties, married on 17.2.2001, had been living separately since 2003 and agreed that there was no chance of reconciliation. The court found the mutual consent for divorce to be free from coercion or undue influence. Consequently, the court allowed the application for divorce by mutual consent and disposed of the transfer petition without needing to pass a specific order regarding the transfer application. The judgment was delivered on 20.11.2009.
Headnote
A) Family Law - Transfer of Petition - Transfer of proceedings under Section 9 of the Hindu Marriage Act, 1955 - The court allowed the transfer petition and noted the parties' agreement to dissolve the marriage by mutual consent. The parties had reached a settlement and agreed to withdraw their respective cases, leading to the dissolution of marriage. Held that the application for dissolution was appropriate given the circumstances (Paras 2-4).
Issue of Consideration
Whether the transfer of the petition under Section 9 of the Hindu Marriage Act, 1955 should be granted and if the marriage can be dissolved by mutual consent.
Final Decision
The Supreme Court allowed the application for dissolution of marriage by mutual consent and disposed of the transfer petition accordingly.
Law Points
- Transfer of petition
- Divorce by mutual consent
- Settlement agreement
- Hindu Marriage Act
- 1955
- Section 9
- Section 13-B
