Ending Years of Litigation: Apex Court Uses Article 142 to Bring Closure to Divorce Dispute.


30 October 2025 Mutual Divorce in India >> Divorce Laws in India   |   Divorce Law >> Family Law   |   Mediation & Alternative Dispute Resolution >> Miscellaneous  

In a strong endorsement of mediation as an able dispute resolution mechanism, the Supreme Court of India dissolved a marriage by mutual consent, as the parties amicably settled their long-standing disputes. A Bench comprising Justice Manoj Misra and Justice Ujjal Bhuyan passed this order while disposing of a transfer petition filed by Pawan Kumar against his estranged wife, Surbhi Khatana.

The husband had filed the present application before this Court for transfer of a divorce case from the Family Court, Gurugram, Haryana to the Family Court, Saket, New Delhi. During the pendency of the petition, this Court referred the matter to its Mediation Centre on 16 July 2025 to explore the possibility of a settlement. The mediation succeeded and the parties signed a detailed settlement agreement dated 12 September 2025.

 

 

The couple agreed to dissolve their marriage under the settlement and thus withdrew all litigation pending against each other at various forums, including the Supreme Court of India, Punjab and Haryana High Court and various district courts at Gurugram. From divorce and guardianship proceedings to even cases of domestic violence and execution, all were pending and would now be closed after the compromise.

The petitioner husband has also paid the respondent wife a lump-sum settlement amount of Rs. 22 lakh, which was handed over before the Court in two demand drafts for the sum of Rs. 4 lakh and Rs. 18 lakh, respectively. Upon receipt, the counsel for the wife informed that the monetary terms of the agreement had been complied with.

The settlement further stipulates that the minor child shall remain in the exclusive custody of the mother, while the father has limited visitation rights once a year on mutually agreed festive occasions, ensuring that the welfare of the child remains paramount.

Considering the friendly compromise, the Court exercised its plenary powers under Article 142 of the Constitution and dissolved the marriage to bring all the disputes pending between the parties to an end. The Bench said the settlement reflected the genuine attempt to begin life afresh and constitutional courts' intervention under Article 142 was apposite to bring quietus to the interminable matrimonial litigation.

It also ordered that all proceedings pending in the settlement were to be quashed, withdrawn, or otherwise disposed of with a view to bringing complete legal closure on both sides. With this, the transfer petition and connected applications were disposed of. This case highlights how judicially supervised mediation, combined with the binding finality available by way of Article 142, can bring humane and efficient resolution to matrimonial conflicts that might otherwise linger in courts for years.