“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of the settlement executed before the Mediator and managed to get the matrimonial case instituted by the husband withdrawn and also accepted a sum of Rs. 50 lakhs from the husband as permanent alimony.”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 petitioner-wife seeking to transfer the respondent-husband’s petition under Section 9 of the Hindu Marriage Act, 1955, from the Family Court in Varanasi, U.P. to the Family Court in Pune, Maharashtra, a three-judge bench comprising Justices BR Gavai, S.V.N. Bhatti, and Sandeep Mehta exercised their powers under Article 142 of the Constitution to grant a decree of divorce, thereby dissolving the marriage.
Case Details:
Initially, the transfer petition was dismissed for lack of prosecution on 26-07-2023 but was later restored to its original status. At the parties’ request, the matter was referred to the Supreme Court Mediation Centre to explore an amicable settlement. On 26-02-2024, both parties reached a settlement, agreeing to part ways peacefully. The husband voluntarily paid Rs. 20 lakhs for child support and Rs. 50 lakhs to the wife, with the remaining alimony to be paid according to the settlement deed schedule. The husband had already paid Rs. 50 lakhs to the wife.
The Court observed that the wife reneged on the settlement agreement, and her counsel confirmed she had stopped providing instructions. The husband withdrew his matrimonial case on 23-04-2024, per the settlement terms. The wife accepted Rs. 50 lakhs as part of the alimony but later attempted to back out of the agreement without justification.
Court’s Observations:
The Court criticized the wife’s conduct as recalcitrant, highlighting her disregard for the settlement terms agreed upon before the Mediator. This behavior disadvantaged the husband, who had withdrawn his case and paid a significant portion of the alimony. The husband committed to fulfilling the remaining settlement terms if the marriage was dissolved.
The Court concluded that the marital relationship had irretrievably broken down with no chance of reconciliation. Therefore, utilizing their powers under Article 142 of the Constitution, the Court granted a decree of 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.
