Mutual Consent Divorce Granted: Supreme Court Settles Matrimonial Dispute Amicably

The case of Bhupender Singh v. Reema revolves around a matrimonial dispute where the Supreme Court intervened to facilitate a settlement between the estranged spouses. The case was initially filed on the grounds of cruelty but was eventually resolved through a mutual consent divorce, ensuring an amicable separation between the parties.

Background of the Case

The appellant, Bhupender Singh, had initially approached the trial court seeking a divorce on the ground of cruelty. The trial court ruled in favor of Bhupender Singh, granting him a decree of divorce. However, the respondent, Reema, challenged this decision in the High Court, which overturned the trial court’s ruling and dismissed the divorce petition.

Aggrieved by this decision, Bhupender Singh filed an appeal before the Supreme Court, contesting the High Court’s judgment. During the course of the proceedings, the Supreme Court encouraged the parties to explore an amicable resolution to avoid further litigation.

Arguments by the Parties

Petitioner’s (Bhupender Singh) Arguments

• The petitioner claimed that the marriage had irretrievably broken down and that continuing the relationship was causing mental agony to both parties.
• The trial court had rightly granted the decree of divorce on the ground of cruelty, and the High Court erred in reversing the judgment.
• The parties had been living separately for a long time, and reconciliation was no longer possible.
• A mutual consent divorce would be in the best interest of both parties to enable them to move forward with their lives.

Respondent’s (Reema) Arguments

• The respondent initially opposed the divorce and challenged the trial court’s decision.
• However, after deliberations facilitated by the Supreme Court, she agreed to a mutual consent divorce.
• She requested a fair financial settlement to secure her future post-divorce.

Supreme Court’s Observations

The Supreme Court recognized that prolonging matrimonial litigation would only add to the suffering of both parties. The Court noted:

• Both parties had decided to amicably resolve their differences and mutually agreed to divorce.
• The husband (Bhupender Singh) had agreed to pay a financial settlement to the wife (Reema) as part of the divorce agreement.
• The Court interacted with both parties and ensured that their decision was voluntary and made with full awareness of the consequences.

Final Judgment

The Supreme Court allowed the appeal and passed the following directives:

• The marriage between Bhupender Singh and Reema was dissolved by mutual consent.
• The appellant (Bhupender Singh) handed over a demand draft of Rs. 8,00,000 (Rupees Eight Lakhs) to the respondent (Reema), which she duly acknowledged.
• Both parties agreed not to initiate any further civil or criminal proceedings against each other or their respective family members regarding matrimonial disputes.
• All pending litigation between the parties was terminated.
• The terms of the mutual settlement agreement were made part of the Court’s order.

The Supreme Court commended both parties for reaching a mature and amicable resolution, thus avoiding prolonged legal battles. This judgment highlights the Court’s emphasis on alternative dispute resolution mechanisms in matrimonial cases to ensure a peaceful separation while safeguarding the interests of both spouses.

Petitioner Name: Bhupender Singh.
Respondent Name: Reema.
Judgment By: Justice Kurian Joseph, Justice Sanjay Kishan Kaul.
Place Of Incident: India.
Judgment Date: 10-07-2018.

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