Mutual Divorce Settlement: Supreme Court Ruling on Marital Disputes
The case of Praveen Singh Ramakant Bhadauriya vs. Neelam Praveen Singh Bhadauriya is a significant ruling by the Supreme Court regarding mutual divorce and financial settlement. The judgment highlights the role of the judiciary in ensuring a fair settlement between estranged spouses under Article 142 of the Constitution of India.
Background of the Case
The appellant-husband and respondent-wife were married on May 7, 1998. A daughter was born out of the wedlock, and as of the ruling, she was 18 years old. Due to a strained relationship, the couple started living separately. The appellant filed for dissolution of marriage before the Family Court in Mumbai, which was later transferred to the Etawah District Court, Uttar Pradesh.
The Trial Court dismissed the appellant’s divorce petition on November 9, 2009. Subsequently, the appellant’s appeal before the District Court was also dismissed on November 29, 2012. The appellant approached the High Court of Allahabad, but his second appeal was also dismissed on May 29, 2013. Dissatisfied, he approached the Supreme Court.
Key Legal Issues
- Whether the marriage should be dissolved under mutual consent.
- Whether a financial settlement was necessary for granting a mutual divorce.
- Whether ongoing criminal and maintenance cases should be withdrawn as part of the settlement.
Supreme Court Proceedings
During the proceedings, the Supreme Court referred the matter to mediation, and the parties reached a settlement. The husband agreed to pay the wife a total of Rs. 10,00,000 as a full and final settlement for past, present, and future maintenance. Additionally, he agreed to deposit Rs. 3,00,000 in the name of their daughter in the form of a Fixed Deposit (FDR) within three months and contribute another Rs. 1,00,000 at the time of her marriage.
Both parties agreed to withdraw all ongoing cases against each other, including:
- Case under Section 125 CrPC pending in the Court of CJM, Etawah.
- Case under the Domestic Violence Act pending in the Court of ACJM, Etawah.
- Case under Section 498A IPC pending before CJM, Etawah.
- Case under Section 406 IPC pending before ACJM, Etawah.
- Other cases filed by either party in any other court.
Supreme Court’s Observations
1. Mutual Settlement and Divorce
The Supreme Court recognized that the parties had amicably settled the matter and agreed for a divorce by mutual consent. It ruled:
“Since the parties have amicably settled the matter, considering the facts and circumstances of the case, in exercise of our power under Article 142 of the Constitution of India, the marriage of the appellant and the respondent solemnized on 07.05.1998 is dissolved.”
2. Financial Compensation and Daughter’s Welfare
The Court took note of the financial arrangement made for the wife and daughter and held that the terms of the settlement should be adhered to. It directed:
“The husband shall pay Rs. 10,00,000 to the wife as a full and final settlement for all her claims and shall deposit Rs. 3,00,000 in the name of their daughter within three months, with an additional Rs. 1,00,000 at the time of her marriage.”
3. Withdrawal of Pending Cases
The Court emphasized that all pending criminal and civil cases between the parties should be withdrawn, ensuring a clean break in their marital relationship.
4. Consequences of Non-Compliance
The Supreme Court stated that in case of non-compliance with the settlement terms, the parties would be liable for contempt of court. It also instructed the Registry to draft the decree accordingly.
Final Judgment
The Supreme Court:
- Dissolved the marriage between the appellant and respondent under Article 142 of the Constitution.
- Directed the husband to pay Rs. 10,00,000 to the wife as a final settlement.
- Ordered the husband to deposit Rs. 3,00,000 in their daughter’s name within three months.
- Directed the husband to contribute an additional Rs. 1,00,000 at the time of their daughter’s marriage.
- Mandated both parties to withdraw all pending cases filed against each other.
Implications of the Judgment
- Sets a precedent for resolving marital disputes through mediation.
- Establishes that financial settlements are crucial in mutual divorce cases.
- Strengthens the use of Article 142 to grant relief beyond statutory limitations.
- Reinforces the need for withdrawal of pending criminal cases in divorce settlements.
Conclusion
The Supreme Court’s ruling in this case underscores the importance of mutual settlement in divorce cases. By facilitating mediation and ensuring a fair financial arrangement, the Court provided a resolution that safeguarded the interests of both parties and their child. This judgment serves as a model for handling divorce cases through amicable settlement rather than prolonged litigation.
Petitioner Name: Praveen Singh Ramakant Bhadauriya.Respondent Name: Neelam Praveen Singh Bhadauriya.Judgment By: Justice R. Banumathi, Justice S. Abdul Nazeer.Place Of Incident: Etawah, Uttar Pradesh.Judgment Date: 01-05-2019.
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