Supreme Court Upholds ‘Lawful Settlement’ in Matrimonial Dispute, Grants Mutual Consent Divorce

In a significant judgment by the Supreme Court of India, presided over by Justice B.V. Nagarathna and Justice Ujjal Bhuyan, a matrimonial dispute involving a transfer petition and a mutual consent divorce reached its conclusion. The bench, acknowledging the complexities of marital discords, stated, “the same are lawful and there is no legal impediment in accepting the same,” thereby emphasizing the legitimacy of the settlement agreement reached between the parties.

The case, filed under Section 25 of the Code of Civil Procedure, 1908, initially sought the transfer of a matrimonial case from the Family Court in Belagavi, Karnataka, to Mumbai, Maharashtra. However, during the proceedings, the petitioner and respondent, identified in court documents as Vrushali and Dinesh, respectively, engaged in mediation and reached a mutual agreement for the dissolution of their marriage.

This landmark decision was not just about the transfer of the case but also revolved around the mutual consent divorce under Article 142 of the Constitution of India. The agreement included detailed financial settlements and property arrangements, including a sum of ₹7,50,000 paid by the petitioner to the respondent and arrangements regarding local body taxes and CIDCO transfer charges.

In their order, the Justices meticulously outlined the terms of the settlement, which also included provisions about a gold loan and property transfer. The court’s acceptance of the settlement as lawful played a crucial role in the resolution of this case. The mutual consent divorce was granted under Section 13B(1) of the Hindu Marriage Act, 1955, marking a significant step in the court’s approach to marital dispute resolutions.

Moreover, the judgment led to the quashing of all proceedings initiated by each party against the other, emphasizing the finality and comprehensive nature of the settlement. This case sets a precedent for how mutual consent and lawful agreements can pave the way for amicable resolutions in marital disputes.

Date of Decision: 10 November 2023

VRUSHALI VS DINESH