Case Note & Summary
The Supreme Court dealt with two transfer petitions filed by the petitioner, Shikha, seeking the transfer of criminal and civil cases from Odisha to Mumbai. The petitioner sought to transfer Charge Sheet No.251/2024 and DV Misc. Case No.60/2025, citing the interest of justice. The court had previously stayed proceedings in both cases. During the proceedings, the respondent, Varun, filed an application for divorce on the grounds of irretrievable breakdown of marriage, which the petitioner was willing to accept. The court noted the parties had been living separately since 2022 and had numerous pending cases against each other. The court referred the matter to mediation, which failed, leading to further discussions on the quantum of permanent alimony. The respondent agreed to pay Rs.35,00,000 as permanent alimony, which the petitioner accepted. The court found that the marriage had reached a dead end and granted the divorce, quashing all pending cases between the parties. The court emphasized the need for finality in the litigation and directed that no fresh cases be filed against each other. The transfer petitions were disposed of, and a decree was to be drawn up by the registry.
Headnote
A) Family Law - Divorce by Mutual Consent - Grant of Divorce - Article 142 of the Constitution of India - The court exercised its powers to grant a decree of divorce by mutual consent due to irretrievable breakdown of marriage and the parties' agreement to settle all claims, thereby quashing all pending cases between them. Held that the circumstances justified the exercise of discretion under Article 142 to do complete justice (Paras 24-26).
Issue of Consideration
Whether to grant a decree of divorce by mutual consent and quash all pending cases between the parties.
Final Decision
The court allowed the application for divorce by mutual consent, dissolved the marriage, and quashed all pending cases between the parties. The respondent was directed to pay Rs.35,00,000 as permanent alimony to the petitioner.
Law Points
- Transfer of cases
- Divorce by mutual consent
- Irretrievable breakdown of marriage
- Permanent alimony
- Quashing of pending cases
