“The wife took advantage of the settlement executed before the Mediator and managed to get the matrimonial case instituted by the husband withdrawn and also accepted a sum of Rs. 50 lakhs from the husband as permanent alimony.”
Supreme Court:
In a civil transfer petition filed by the wife, seeking to transfer the husband’s petition under Section 9 of the Hindu Marriage Act, 1955, from the Family Court in Varanasi, Uttar Pradesh to the Family Court in Pune, Maharashtra, a three-judge bench consisting of Justices B.R. Gavai, S.V.N. Bhatti, and Sandeep Mehta used their powers under Article 142 of the Constitution to grant a divorce, thereby ending the marriage.
Case Details:
The transfer petition was initially dismissed for lack of prosecution on 26-07-2023 but was later restored to its original status. At the request of both parties, the case was referred to the Supreme Court Mediation Centre to explore a peaceful settlement. On 26-02-2024, both parties agreed to part ways amicably. The husband voluntarily agreed to pay Rs. 20 lakhs for child support and Rs. 50 lakhs to the wife, with the rest of the alimony to be paid according to the settlement schedule. The husband had already paid Rs. 50 lakhs to the wife.
The Court observed that the wife later backed out of the settlement agreement, and her lawyer confirmed that she had stopped giving instructions. According to the settlement terms, the husband withdrew his matrimonial case on 23-04-2024. Even though the wife accepted Rs. 50 lakhs as part of the alimony, she later tried to back out of the agreement without any reason.
Court’s Observations:
The Court criticized the wife’s actions, highlighting that she ignored the settlement terms agreed upon during mediation. This behavior was unfair to the husband, who had withdrawn his case and paid a large portion of the alimony. The husband remained committed to fulfilling the rest of the settlement terms if the marriage was dissolved.
The Court concluded that the marriage had broken down irretrievably, with no chance of reconciliation. Therefore, using their powers under Article 142 of the Constitution, the Court granted a divorce and dissolved the marriage. The Court also clarified that the husband must make the remaining payments to the wife as per the settlement terms.
