Settlement Reached at Supreme Court Mediation Centre Leads to Mutual Consent Divorce.


31 October 2025
In a recent judgment, the Supreme Court of India has invoked powers under Article 142 of the Constitution to pass a decree of divorce by mutual consent in favor of a couple who had arrived at an amicable settlement through the Supreme Court Mediation Centre. The matter titled Varsha Chaudhary v Pushpendra Dagur (Transfer Petition (Civil) No. 2064 of 2025) has been disposed of by a Bench comprising Justice Aravind Kumar and Justice N.V. Anjaria.

The case, in fact, has arisen from a transfer petition filed by the wife for transfer of a divorce petition instituted by the husband. During the hearing of this petition, on a joint request by both parties, the Court referred the matter to the Supreme Court Mediation Centre to ascertain the possibility of a settlement. The mediation was successful and concluded with a detailed settlement agreement dated September 25, 2025.

 

 

The parties personally appeared before the Court at the hearing confirming that they had entered into the agreement out of their own free will without any compulsion and with full comprehension of the agreement. The learned counsels for the parties identified the parties in court and confirmed their consent.

Under the compromise, the wife received a sum of Rs.17,00,000 as full and final permanent alimony and explicitly declared that she had no further monetary or other claims against the husband or his family members. The parties further affirmed that no other dispute was pending between them in any other court except for the divorce proceedings pending in the Family Court, Jaipur.

Given the settlement was voluntary and the possibility of reconciliation between them was remote, the Bench exercised powers under Article 142 and dissolved the marriage solemnized on November 28, 2021. The court observed that in those cases where parties have consciously and amicably sorted out the differences, the exercise of its extra-ordinary power would be justified in the interest of justice and finality.

Therefore, the Supreme Court accepted the settlement, granted a decree of divorce by mutual consent, and disposed of the transfer petition. Both parties were granted liberty to lead their future lives independently, marking an end to all disputes between them. This order underlines the success of mediation in matrimonial disputes and demonstrates how the Supreme Court has taken every opportunity to favor negotiated settlement over protracted adversarial litigation.


Section 142, Constitution of India - 1950  

Constitution of India, 1950