Supreme Court Dissolves Marriage: Mutual Consent Divorce Amid Irretrievable Breakdown: Quashes Proceedings
In a recent judgment, the Supreme Court of India exercised its jurisdiction under Article 142 of the Constitution of India to dissolve a marriage and quash all associated criminal and civil proceedings, citing the irretrievable breakdown of the marriage. The case, Transfer Petition (Civil) No. 1735/2022, involved Garvita Tamrakar as the petitioner and Abhishek Singh as the respondent.
The Court observed that “the marriage inter se the parties did not work out almost from the very inception, with usual allegations and counter allegations,” highlighting the challenging nature of the relationship.
Recognizing the mutual consent of both parties to seek divorce, the Court appreciated their approach to resolving the dispute amicably. The judgment also mentioned that the parties had agreed to a financial settlement, with the respondent, Mr. Abhishek Singh, agreeing to pay a sum of Rs. 20 lakhs to the petitioner, Ms. Garvita Tamrakar. The payment terms included an initial sum of Rs. 5 lakhs to be paid within one week and the balance within a maximum period of three months.
Regarding the return of important documents, the Court addressed the issue of the petitioner’s passport and other documents. Mr. Abhishek Singh, the respondent, undertook to return the passport promptly, and efforts would be made to locate and return other documents within a week.
The judgment was hailed as a significant step in resolving disputes related to marriages, emphasizing mutual consent and amicable settlements. The Court’s decision to exercise Article 142 of the Constitution showcased its commitment to upholding the principles of justice and fairness in family law matters.
This judgment serves as a notable example of the Supreme Court’s willingness to utilize its constitutional powers for the greater good, facilitating the resolution of complex family disputes and allowing individuals to move forward with their lives.
Date of Decision: SEPTEMBER 22, 2023
GARVITA TAMRAKAR vs ABHISHEK SINGH
