Summary
In a transfer petition that led to mediation, the Court dissolved the marriage under Article 142 after finding irretrievable breakdown and no possibility of reconciliation. The wife had accepted part of the agreed alimony and the husband had withdrawn his matrimonial proceeding before she sought to resile without justification. The husband remained bound to pay the outstanding settlement amounts. The decree arose from the Court’s exceptional constitutional power on the stated facts.
Issues
- Whether the mediated settlement and subsequent conduct supported Article 142 dissolution.
- Whether outstanding alimony obligations survived the divorce decree.
Provisions considered
- Article 142, Constitution of IndiaThe Court granted a divorce decree upon finding irrevocable marital breakdown and no prospect of reconciliation, considering the mediated settlement, partial performance and subsequent conduct. (¶¶ 2, 3, 4, 5, 6, 7, 8, 9, 10, 11)
Held
- The parties signed a mediated settlement for peaceful separation and total alimony of Rs.1.15 crore. Rs.50 lakh had been paid; the agreed remaining instalments were Rs.50 lakh by 31 August 2024 and Rs.15 lakh by 31 December 2024. The settlement in its entirety formed part of the order. (¶¶ 2, 3, 4)
- The husband had acted on the settlement by paying the first instalment and withdrawing his Section 9 matrimonial case. The Court found the wife’s subsequent effort to resile unjustified and prejudicial to him, and considered that conduct together with the other circumstances. The ruling did not establish that settlement alone compels an ordinary statutory mutual-consent decree. (¶¶ 5, 6, 7, 8, 9, 10)
- Finding that the relationship had broken down irrevocably with no possibility of reconciliation, the Court exercised Article 142 and dissolved the marriage. The respondent must still make the remaining payments under the settlement. (¶¶ 10, 11)
- The petition was allowed on those terms and a divorce decree directed to be prepared. No costs. (¶¶ 12, 13, 14, 15)
Result
Marriage dissolved by Article 142 decree; remaining settlement payments must be made. Petition allowed on those terms, without costs.