Case Note & Summary
The Supreme Court of India addressed two transfer petitions concerning matrimonial disputes between the parties. The petitioner, the wife, sought to transfer a matrimonial petition from Bharuch, Gujarat to Dhamtari, Chhattisgarh, while the husband sought the opposite transfer. During the proceedings, both parties reached a mediated settlement, agreeing to dissolve their marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The settlement included a financial agreement where the husband would pay the wife Rs. 28 lakhs, which she confirmed receiving in two installments, and she stated that she had no further claims against him. The husband also expressed his consent to the divorce. The court noted that both parties had been living separately and there was no possibility of reconciliation. They requested the court to dispense with the six-month waiting period typically required under Section 13-B(2), citing a precedent case. The court found the terms of the settlement lawful and accepted them, ultimately dissolving the marriage by mutual consent and directing the registry to draw up a decree accordingly. The transfer petitions were rendered infructuous and disposed of.
Headnote
A) Family Law - Divorce by Mutual Consent - Dissolution of Marriage - Hindu Marriage Act, 1955, Section 13-B - Parties reached a mediated settlement to dissolve their marriage by mutual consent, with terms including financial settlement and withdrawal of other cases. Court exercised jurisdiction under Article 142 to dissolve the marriage, finding no reason to reject the lawful terms of the settlement (Paras 2-4).
Issue of Consideration
Whether the marriage can be dissolved by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, and whether the stipulated waiting period can be dispensed with.
Final Decision
The Supreme Court dissolved the marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, and dispensed with the six-month waiting period. The settlement agreement was accepted, and the transfer petitions were rendered infructuous.
Law Points
- Divorce by mutual consent
- Mediation settlement
- Dispensation of waiting period
- Article 142 jurisdiction
