Case Note & Summary
The appeal arises from a matrimonial dispute between the appellant-wife and the respondent-husband. Their marriage was solemnized on 07.05.2000, and a son was born on 20.03.2006. Due to differences, they separated on 13.09.2011. They jointly filed a petition under Section 13B of the Hindu Marriage Act, 1955 for divorce by mutual consent. A settlement petition dated 29.08.2015 was filed, setting out mutually agreed terms, including a term that the husband would transfer a flat to the wife and son. The Family Court granted divorce by mutual consent on 03.10.2015, and the settlement terms were recorded. The husband failed to transfer the flat, leading the wife to file Execution Petition No. 30 of 2022 before the Family Court. The Family Court dismissed the execution petition on 03.01.2024, holding that it lacked jurisdiction to execute the consent decree. The wife appealed to the High Court under Section 19(1) of the Family Courts Act, 1984, but the High Court dismissed the appeal on 07.03.2025. The wife then appealed to the Supreme Court. The Supreme Court allowed the appeal, holding that the Family Court has jurisdiction to execute a consent decree arising out of a settlement agreement in a divorce by mutual consent. The court set aside the orders of the Family Court and the High Court and remanded the execution petition to the Family Court for fresh disposal in accordance with law.
Headnote
A) Family Law - Execution of Consent Decree - Jurisdiction of Family Court - Section 19(1) Family Courts Act, 1984 - The Family Court has jurisdiction to execute a consent decree arising out of a settlement agreement in a divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The court held that the settlement agreement dated 29.08.2015, which included a term for transfer of a flat to the wife and son, is enforceable in execution proceedings. (Paras 2-10) B) Family Law - Enforcement of Settlement Agreement - Transfer of Property - Section 13B Hindu Marriage Act, 1955 - A consent term in a divorce settlement requiring the husband to transfer a flat to the wife and son is a decree capable of execution. The court held that the Family Court erred in dismissing the execution petition on the ground that it lacked jurisdiction. (Paras 11-20) C) Civil Procedure - Execution of Decree - Order 21 Rule 32 CPC - The court held that the execution petition for enforcement of a consent decree for transfer of immovable property is maintainable before the Family Court, and the Family Court can direct the judgment debtor to execute the transfer deed. (Paras 21-30)
Issue of Consideration
Whether the Family Court has jurisdiction to execute a consent decree arising out of a settlement agreement in a divorce by mutual consent, and whether the terms of such settlement are enforceable in execution proceedings.
Final Decision
Supreme Court allowed the appeal, set aside the orders of the Family Court and High Court, and remanded the execution petition to the Family Court for fresh disposal in accordance with law.
Law Points
- Execution of consent decree
- Jurisdiction of Family Court
- Enforcement of settlement agreement
- Section 19(1) Family Courts Act
- 1984
- Section 13B Hindu Marriage Act
- 1955
- Order 21 Rule 32 CPC
