Case Note & Summary
The case arose from a transfer petition filed by the wife seeking transfer of a matrimonial case under Section 9 of the Hindu Marriage Act, 1955 from Varanasi to Pune. The matter was referred to the Supreme Court Mediation Centre, where the parties arrived at a settlement on 26th February 2024. The husband agreed to pay permanent alimony of Rs. 1.15 crore, of which Rs. 50 lakh was paid on 22nd February 2024, with the balance to be paid in installments. The husband also withdrew the matrimonial case on 23rd April 2024. However, the wife subsequently resiled from the settlement and stopped instructing her counsel. The Court found her conduct recalcitrant and an abuse of process, noting that she had accepted part payment and caused the husband to withdraw his case. Relying on Ruchi Agarwal v. Amit Kumar Agrawal, the Court held that a party cannot approbate and reprobate. It directed the marriage to be dissolved by mutual consent under Section 13-B of the Hindu Marriage Act, with the husband to pay the remaining alimony as per the settlement schedule.
Headnote
A) Family Law - Settlement Agreement - Enforceability - Hindu Marriage Act, 1955, Section 9 - Transfer Petition - Wife resiled from settlement after husband withdrew matrimonial case and paid part alimony - Court held that such conduct is recalcitrant and an abuse of process, and directed dissolution of marriage on terms of settlement (Paras 1-10).
Issue of Consideration
Whether a party who has entered into a settlement before the Supreme Court Mediation Centre and received benefits thereunder can be allowed to resile from the settlement without justification.
Final Decision
The Court allowed the transfer petition and directed that the marriage between the parties be dissolved by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The husband shall pay the remaining alimony of Rs. 65 lakhs as per the schedule in the settlement agreement. The settlement agreement shall form part of the decree.
Law Points
- Enforceability of settlement agreements
- Conduct of parties
- Abuse of process
- Section 9 Hindu Marriage Act
- 1955
- Transfer petition
Case Details
2024 LawText (SC) (5) 151
Transfer Petition (Civil) No. 2172/2022
B.R. GAVAI J., S.V.N. BHATTI J., SANDEEP MEHTA J.,
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Nature of Litigation
Transfer petition in matrimonial dispute
Remedy Sought
Wife sought transfer of husband's petition under Section 9 Hindu Marriage Act from Varanasi to Pune
Filing Reason
Wife wanted the matrimonial case to be heard in Pune instead of Varanasi
Previous Decisions
Transfer petition was dismissed for want of prosecution on 26th July 2023, later restored on 21st August 2023 and referred to mediation
Issues
Whether the wife can resile from a settlement agreement after receiving benefits and causing the husband to withdraw his case?
What is the appropriate remedy when a party acts in a recalcitrant manner after a mediated settlement?
Submissions/Arguments
Wife's counsel stated that the wife stopped instructing him and appeared to resile from the settlement.
Husband's counsel submitted that the husband has abided by the settlement, withdrawn the matrimonial case, and paid Rs. 50 lakhs, and undertakes to pay the remaining amount as per schedule.
Ratio Decidendi
A party who enters into a settlement before the Supreme Court Mediation Centre and receives benefits thereunder cannot be allowed to resile from the settlement without justification, as such conduct amounts to an abuse of process. The court can enforce the settlement and direct dissolution of marriage on its terms.
Judgment Excerpts
The conduct of the petitioner-wife is clearly, recalcitrant inasmuch as she has disregarded the terms and conditions agreed before the Mediator in the settlement proceedings which were undertaken pursuant to the directions of this Court.
A similar situation was examined by this Court in the case of Ruchi Agarwal v. Amit Kumar Agrawal and Others
Procedural History
The wife filed a transfer petition in the Supreme Court seeking transfer of the husband's Section 9 petition from Varanasi to Pune. The petition was dismissed for want of prosecution on 26th July 2023, restored on 21st August 2023, and referred to mediation. A settlement was reached on 26th February 2024. The husband withdrew his matrimonial case on 23rd April 2024. The wife then resiled from the settlement. The Court heard the matter and passed the final order on 10th May 2024.
Acts & Sections
- Hindu Marriage Act, 1955: Section 9, Section 13-B
