Supreme Court Grants Divorce by Mutual Consent Based on Settlement.
13 May 2025
Divorce Law >> Family Law
In U. Jayesh & Another v/s Roshni & Another., Supreme Court's decision to grant a divorce by mutual consent, settling an appeal against a Kerala High Court order. The parties, identified as appellant No. 1 and respondent No. 1 (wife), had reached an out-of-court settlement during the appeal's pendency, agreeing to dissolve their marriage.
The key terms of their settlement, presented in a joint application under Article 142 of the Constitution of India and Section 151 of the CPC, include:
- Divorce by Mutual Consent: The marriage, solemnized on October 26, 2014, is dissolved under Section 13B(1) of the Hindu Marriage Act, 1955.
- Monetary Settlement: Appellant No. 1 has paid the respondent-wife Rs. 5,00,000 via demand draft.
- Property Transfer: The flat jointly owned by the parties will be solely registered in the respondent-wife's name, with appellant No. 1 relinquishing all rights within three weeks.
- Withdrawal/Quashing of Cases: All pending cases between the parties are to be withdrawn or quashed. Specifically, the respondent-wife will withdraw O.P. No. 359/2023 and O.P. No. 1795/2024 within three weeks of the flat transfer. Criminal proceedings in CC No. 989/2023 are quashed.
The Court confirmed that the parties entered into this agreement voluntarily and will abide by its terms. The application outlining the settlement is now considered part of the Court's order. As a result, the High Court's impugned order is set aside, and the appeal is disposed of.
Section 151., Code of Civil Procedure - 1908
Section 13B, HINDU MARRIAGE ACT - 1955
Section 142, Constitution of India - 1950