Case Note & Summary
The dispute arose from a marriage solemnized on 18 April 1973 between the appellant wife and the respondent husband. The wife alleged that she was thrown out of the matrimonial home after giving birth to four female children, and the husband neglected and refused to maintain her. She filed an application under Section 125 of the Code of Criminal Procedure, 1973, and the trial court granted maintenance of Rs.500 per month. The appellate court reduced the amount to Rs.440 per month. The husband challenged the order in revision before the High Court, which remanded the matter on 6 October 1982. During the pendency of the application, the husband obtained an ex-parte divorce decree on 22 October 1980, but that decree was set aside on 9 September 1983, and the divorce petition was finally dismissed on 13 October 1983. The wife's maintenance application was dismissed in default and later restored; the husband's revision against restoration was dismissed, and his application under Section 482 Cr.P.C. was also dismissed by the High Court on 16 January 1984. The wife filed a petition under Section 127 Cr.P.C. on 10 December 1984, which was dismissed in default on 11 August 1986, restored on 29 August 1986, and the husband's revision before the Sessions Judge was dismissed on 9 April 1987. The trial court passed an interim order on 24 April 1987 enhancing maintenance by Rs.150 per month. The High Court, on a petition under Section 482 Cr.P.C., quashed the restoration order, the Sessions Judge's order, and the enhancement order on 4 November 1987. The wife appealed to the Supreme Court. During pendency, the Court attempted reconciliation but noted that the parties had been living separately for over a decade and the relationship was strained and bitter. On 7 December 1995, the wife made a statement that she had no objection to a decree of divorce provided the husband paid Rs.60,000 within twelve weeks, and the husband agreed to pay that amount in full settlement of all maintenance and matrimonial disputes. On 18 March 1996, a memorandum of settlement was filed, agreeing to a decree of divorce on payment of Rs.60,000 and termination of all pending cases. The Supreme Court, in exercise of its powers under Article 142 of the Constitution, dissolved the marriage by a decree of divorce, directed that all pending matrimonial and maintenance cases be disposed of and consigned to records upon either party moving the respective courts with a copy of the order, and ordered that the husband continue to maintain the four daughters. The wife was permitted to meet the children at the husband's residence upon written request and prior arrangement. The appeal was disposed of with no order as to costs.
Headnote
A) Criminal Procedure - Maintenance - Sections 125 and 127, Code of Criminal Procedure, 1973 - Settlement of Maintenance Disputes - The wife had initially been granted maintenance, later altered and subjected to multiple proceedings; during Supreme Court pendency, parties agreed that payment of Rs.60,000 would settle all disputes arising under Section 125 Cr.P.C. - Held that the Court can accept such settlement and direct termination of all pending maintenance cases as part of complete justice (Paras 1-3). B) Constitution of India - Article 142 - Dissolution of Marriage on Irretrievable Breakdown - Exercise of Extraordinary Jurisdiction - The marriage had irretrievably broken down with no possibility of reconciliation, and both parties consented to divorce on condition of payment; the Supreme Court invoked Article 142 to grant a decree of divorce despite the absence of statutory grounds under personal law - Held that Article 142 empowers the Court to do complete justice by dissolving a dead marriage when both parties agree and settle all disputes (Paras 1-3). C) Criminal Procedure - Application under Section 482, Code of Criminal Procedure, 1973 - Quashing of Restoration and Enhancement Orders - High Court had quashed the restoration of the wife's Section 127 application and the enhancement of maintenance; the Supreme Court did not adjudicate the merits of that order as the parties reached a settlement - Held that pending appeal becomes academic once the parties compromise and the Court exercises plenary power to dispose of all proceedings (Paras 1-3). D) Family Law - Child Welfare - Maintenance and Visitation Rights - The Court noted that all four daughters were living with the father and being maintained by him; it directed continuation of such maintenance and provided for the mother to meet the children at the father's residence upon written request and prior arrangement - Held that the welfare of children remains a paramount consideration even when dissolving the marriage by mutual consent (Paras 1-3).
Issue of Consideration
Whether the Supreme Court could dissolve the marriage under Article 142 of the Constitution on the ground of irretrievable breakdown and mutual consent despite the absence of statutory grounds for divorce; whether the settlement of maintenance disputes under Section 125 Cr.P.C. could be accepted and all pending matrimonial and maintenance cases terminated; whether the High Court's order quashing restoration of maintenance application and enhancement could be set aside in the light of the settlement.
Final Decision
In exercise of powers under Article 142 of the Constitution, the Supreme Court dissolved the marriage between the parties by a decree of divorce. All pending cases arising out of matrimonial and maintenance proceedings under Section 125 Cr.P.C. were to stand disposed of and consigned to records upon either party moving the respective courts with a copy of the order. The respondent was to pay Rs.60,000 to the appellant in terms of the settlement. The Court noted that all four daughters were living with the husband and he continued to maintain them; the wife could meet the children at the husband's residence upon written request and prior arrangement. The appeal was disposed of with no order as to costs.
Law Points
- Article 142 of the Constitution of India
- irretrievable breakdown of marriage
- mutual consent divorce
- settlement of maintenance disputes under Section 125 Cr.P.C.
- termination of pending matrimonial and maintenance cases
- child welfare and visitation rights
