Case Note & Summary
The Supreme Court disposed of a transfer petition arising from matrimonial disputes between Kirti Vijayvargiya (petitioner-wife) and Rahul Vijayvargiya (respondent-husband). The matter was referred to the Supreme Court Mediation Centre on 16.12.2019 to explore settlement. The parties successfully mediated and entered into a Settlement Agreement dated 17.01.2020, which was signed by both parties and their counsel. The agreement was taken on record, and both parties, present in court, agreed to abide by its terms. Under the settlement, the parties decided to withdraw all cases filed against each other, including those under Section 125 of the Code of Criminal Procedure, 1973 and the Protection of Women from Domestic Violence Act, 2005. The respondent-husband agreed to pay Rs. 11,51,000/- to the petitioner-wife as full and final settlement of all her claims, which amount was received by the petitioner via demand drafts. The parties, being young and desirous of leading independent lives, sought to part company. The Supreme Court, exercising its power under Article 142 of the Constitution of India, annulled the marriage solemnized on 28.02.2017 at Surat, Gujarat. The court directed that a copy of the order be placed on record of Divorce Case No.38 of 2018 pending before the Family Court, Chitorgarh, Rajasthan, and that said divorce case stand disposed of. The transfer petition was disposed of in the aforesaid terms, and all pending applications were also disposed of.
Headnote
A) Family Law - Divorce by Mutual Consent - Article 142 of the Constitution of India - Settlement Agreement - Parties settled disputes amicably and agreed to part company - Supreme Court exercised power under Article 142 to annul marriage - Held that the marriage solemnized on 28.02.2017 at Surat, Gujarat is annulled and all pending cases including those under Section 125 Cr.P.C. and Domestic Violence Act, 2005 are withdrawn (Paras 1-2).
Issue of Consideration
Whether the marriage between the parties should be annulled by mutual consent and all pending cases withdrawn in terms of a settlement agreement.
Final Decision
The Supreme Court disposed of the transfer petition in terms of the settlement agreement, annulled the marriage under Article 142, and directed that Divorce Case No.38 of 2018 pending before the Family Court, Chitorgarh, Rajasthan stand disposed of.
Law Points
- Article 142 of the Constitution of India
- Section 125 Cr.P.C.
- Domestic Violence Act
- 2005
