Supreme Court Judgment on Mutual Consent Divorce Settlement

The Supreme Court of India recently adjudicated on a matrimonial dispute involving Dr. Benoy Idicula Babu and Dr. Nisha Saira Benoy. This case, arising from multiple appeals filed against the Kerala High Court’s decision in Matrimonial Appeal Nos. 737, 955, and 956 of 2015, underwent court-assisted mediation, ultimately leading to a settlement.

Background of the Case

The appellants approached the Supreme Court after the Kerala High Court ruled on their matrimonial disputes. Initially, the Court suggested mediation, which was unsuccessful. Thereafter, the Supreme Court directed the parties to appear before it for further discussions. This intervention resulted in a successful settlement between the parties.

Settlement Terms

• A monetary settlement was agreed upon, with Dr. Benoy Idicula Babu paying Rs. 1.25 crore to Dr. Nisha Saira Benoy as permanent alimony.
• The amount paid shall not be considered as income for taxation purposes.
• The Court allowed an application under Section 10-A of the Divorce Act of 1869, dissolving the marriage by mutual consent.
• The Court directed the Regional Passport Officer to process the passport application of the minor child, which had been pending due to ongoing litigation.
• The Rs. 1,00,000 deposit with the Regional Passport Officer was ordered to be refunded to Dr. Nisha Saira Benoy.

Judicial Orders

• The Kerala High Court cases (W.P(C) Nos. 28239/2009, 24558/2013, 9832/2014, 19111/2010, 21292/2009, and 31159/2011) were disposed of.
• Family Court cases in Tiruvalla (O.P.No.630/2010 and O.P.No.631/2010) were also concluded.
• Pending cases in Judicial First Class Magistrate Courts (CC No.757/2010 in Thiruvalla, FIR No.392/2013, Crl.M.P.No.7499/2013, and others) were dismissed.
• Cases under the Indian Passport Act were dropped.

Judicial Observations

The Supreme Court appreciated the mediation efforts led by Senior Counsel Mr. V. Shekhar and commended the cooperation extended by both parties.

Conclusion

This judgment highlights the efficacy of court-assisted mediation in resolving matrimonial disputes, emphasizing alternative dispute resolution mechanisms over prolonged litigation.

Petitioner Name: Dr. Benoy Idicula Babu.
Respondent Name: Dr. Nisha Saira Benoy.
Judgment By: Justice Kurian Joseph, Justice Hemant Gupta.
Place Of Incident: Kerala.
Judgment Date: 22-11-2018.

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