SC grants divorce decree after wife resiled from settlement and disregarded terms and conditions agreed in Mediation

Supreme Court: In a civil transfer petition by the petitioner-wife seeking transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, which is pending before the Family Court, Varanasi, U.P. to the Family Court, Pune, Maharashtra, the three Judge Bench of BR Gavai, S.V.N. Bhatti and Sandeep Mehta, JJ. exercising the powers under Article 142 of the Constitution granted the decree of divorce and dissolved the marriage.

In the matter at hand, the transfer petition was dismissed for want of prosecution on 26-07-2023, subsequently, it was restored to its original number and on request by the parties, the matter was forwarded to the Supreme Court Mediation Centre for exploring the possibility of an amicable settlement between the parties. The parties arrived at a settlement which was signed by the wife and the husband on 26-02-2024. It was clear that the parties shall part ways peacefully and the husband had voluntarily paid a sum of Rs. 20 lakhs for the support of his child. He had also paid a sum of Rs. 50 lakhs to the wife and the remaining amount of permanent alimony were agreed to be paid as per the schedule indicated in the settlement deed. Out of this agreed amount, the husband paid a sum of Rs. 50,00,000/- (fifty lacs) only to the wife.

The Court noted that the wife had resiled from the settlement agreement and the counsel for wife had also affirmed that his client/ wife had stopped instructing him in the matter. The Court also noted that as per the terms of the settlement, the husband withdrew the matrimonial case on 23-04-2024. The Court said that the wife took advantage of the settlement executed before the Mediator and managed to get the matrimonial case instituted by the husband withdrawn. Further, the Court added that she also accepted a sum of Rs. 50 lakhs from him towards part payment of the permanent alimony and thereafter, she was trying to resile from the settlement without any justification.

The Court said that this conduct of the wife was clearly recalcitrant inasmuch as she had disregarded the terms and conditions agreed before the Mediator in the settlement proceedings which were undertaken pursuant to the directions of the Court. The Court added that this had put the husband to grave disadvantage inasmuch as he had withdrawn the matrimonial case and has also paid a significant proportion of the permanent alimony to her. The Court noted the husband’ stand that he undertakes to abide by the remaining terms and conditions of the settlement agreement in letter and spirit and shall make due payments on the schedule dates if the marriage was dissolved.

Hence, the Court that the matrimonial relations between the spouses were broken down irrevocably and there was no possibility of reconciliation and revival of the spousal relationship. Thus, exercising the powers under Article 142 of the Constitution of India granted the decree of divorce and dissolved the marriage. The Court clarified that the husband shall make the remaining payment to the wife in terms of the settlement.

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