When Mediation Meets Article 142: Supreme Court Seals Matrimonial Peace.


31 October 2025 Divorce Law >> Family Law   |   Mediation & Alternative Dispute Resolution >> Miscellaneous  

The Supreme Court's recent order in Khushboo Govind v. Anoop Kumar Nair, SLP (C) No. 21286/2025, decided on 31 October 2025, reflects both the human and constitutional aspects of matrimonial litigation. The Court, speaking through Justices Pankaj Mithal and Prasanna B. Varale, endorsed a mediated settlement and exercised its plenary power under Article 142 of the Constitution to bring the long-standing dispute to an equitable close.

The case originally came from a decree of divorce granted by the Rajasthan High Court, Jaipur. During the pendency of the Special Leave Petition, the parties agreed to mediation through the Supreme Court Mediation Centre. The settlement dated 26 September 2025 was a breakthrough that amicably resolved financial, custodial, and litigation issues.

 

 

Under the settlement, the respondent husband had agreed to pay a total sum of Rupees sixty lakhs as full and final settlement of all claims—Rupees forty lakhs already paid, and the balance twenty lakhs payable on or before 26 November 2025. The parties further agreed to close all civil and criminal proceedings between them. Custody of the minor child was confirmed to remain with the petitioner-wife, with visitation rights to the 

respondent-husband. The terms were signed and verified not only by the parties and counsel but also by the mediators to ensure procedural sanctity.

In dismissing the petition under Article 142, the Supreme Court held that when the dispute’s contours were altogether personal and the settlement genuine, ending litigation in the spirit of mutual respect and finality is lawful and desirable. The Court also issued a caveat to protect the wife from the possibility of default on the promise, showing an appreciation for practical enforcement concerns.

This judgment illustrates how judicial intervention, aided by institutional mediation, can turn adversarial processes into consensual closure. It goes to reinforce confidence in mediation as an meaningful process in family law matters and shows the commitment of the Court in attaining complete justice beyond the technical boundaries.


Section 142, Constitution of India - 1950