Case Note & Summary
The dispute arose from a matrimonial case involving the petitioner and respondent, who were husband and wife. The petitioner sought to transfer the pending Matrimonial Case No. 67 of 2013 from Alipore, Kolkata, to a competent court in New Delhi. On 01.03.2019, the Supreme Court ordered notice for mediation, which led to a Settlement Agreement between the parties. The marriage was solemnized on 26.11.1993, and they had one male child, Mr. Indrajeet Haldar. Due to differences, they began living separately from 22.01.2012. The Settlement Agreement included terms for mutual divorce, withdrawal of all pending cases, and division of property. The court disposed of the Transfer Petition, directing the parties to file for divorce by mutual consent in Kolkata and ensuring compliance with the settlement terms. The petitioner was to assist in property matters and the parties agreed to close joint accounts and resolve all disputes amicably. The court emphasized the binding nature of the settlement and the need for cooperation between the parties.
Headnote
A) Family Law - Divorce by Mutual Consent - Transfer of Matrimonial Case - Article 142 of the Constitution of India - The parties reached a settlement agreement during mediation and agreed to file for divorce by mutual consent. The court directed the appropriate court to dispose of the divorce petition in accordance with the settlement terms, ensuring minimal inconvenience to the parties. Held that the settlement agreement was binding and enforceable (Paras 3-9).
Issue of Consideration
Whether the Transfer Petition for the matrimonial case should be granted based on the settlement reached between the parties.
Final Decision
The Transfer Petition was disposed of with directions for the parties to file for mutual divorce in Kolkata, dismissing the Title Suit and resolving all disputes as per the Settlement Agreement.
Law Points
- Transfer of matrimonial case
- mediation
- divorce by mutual consent
- Article 142 of the Constitution of India
- settlement agreement enforcement
