Bridging Disputes with Dialogue: Supreme Court’s Equitable Path to Marital Finality.
31 October 2025
The Journey from Discord to Resolution:
Recognizing the wear and tear of unceasing litigation, the Supreme Court directed the parties to its own Mediation Centre. Through multiple videoconferencing and physical sittings, the separated-by-distance but closure-seeking couple had settled the terms through their Counsels and Mediator. What resulted was an elaborate settlement document, dealing with each and every nook and corner of their shared past, be it finances, custody, visitation, reputation, or even the possibility of future litigation.
Full Settlement: Terms of Mutual Respect
- Divorce by Mutual Consent: The parties agreed to move the Court jointly under Article 142 of the Constitution for a decree of divorce as also a direction to withdraw all litigations filed between them.
- Financial Clarity: A one-time lump sum alimony of ?3 crores was agreed upon for settling all maintenance and expense claims about spouses and children, covering every dispute-whether past, present, or even unknown at the time of settlement.
- Custody and Parenting: The wife was granted the sole custody and guardianship of the two daughters, with the husband's visitation and communication rights assured, and his future responsibilities towards the daughters' marriages spelled out.
- Withdrawal of Litigation: Parties to the agreement withdraw all cases filed against each other and their family members; a clean slate, so to speak. They bind themselves not to file any new cases regarding their past relationship.
- Property Release: The parties agreed to cooperate in lifting attachments and returning seized family property, further limiting future contest.
- Non-interference and mutual dignity: The parties undertook not to interfere, directly or indirectly, in each other's lives, and not to circulate defamatory or derogatory communications in public or private forums.
- Confidentiality and Finality: The settlement would bind all the associated family members and was enforceable as a judgment or decree, providing not just legal finality but also social peace.
By opting for conciliation over continued acrimony, the parties, assisted by mediation and counsels, have shown that Indian family law can be both compassionate and rigorous even at the highest level of the judiciary. Conclusion This is not the closure of a case but the opening of new beginnings for all—the joint decision, the complete parting, and a respectful new chapter for an erstwhile family. In a country where matrimonial litigation often leaves scars, this matter proves that even in endings, there can be mutual respect and renewed hope.
Section 142, Constitution of India - 1950
Section 144, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023