Summary
Following mediation and a joint request, the Supreme Court dissolved the marriage under Article 142 and incorporated the settlement into its judgment. The husband agreed to Rs.10 lakh in full settlement of the wife’s claims, a Rs.3 lakh fixed deposit for their daughter within three months, and Rs.1 lakh at her marriage. Other pending cases required applications and appropriate orders from the concerned courts. Non-compliance could attract contempt in addition to other remedies.
Issues
- Whether the mediated settlement warranted dissolution of marriage under Article 142.
- What directions should govern financial commitments and other pending proceedings.
Provisions considered
- Article 142, Constitution of IndiaExercised to dissolve the marriage on the parties’ mediated settlement and joint application; settlement terms made part of the judgment. (¶ 5–6)
Held
- The parties’ amicable settlement and joint request justified dissolving their marriage, with the agreed compromise incorporated into the judgment. (¶ 5–6)
- The settlement provided Rs.10 lakh for the wife’s full and final claims, Rs.3 lakh by fixed deposit for the daughter within three months, and another Rs.1 lakh at her marriage. (¶ 5–6)
- The other pending cases were not automatically quashed: the concerned courts were to pass appropriate orders when applications were made in light of the settlement. Breach could expose the parties to contempt as well as other lawful remedies. (¶ 7–8)
Result
Appeal disposed of. Marriage solemnised on 7 May 1998 dissolved under Article 142 on the incorporated compromise terms. Registry directed to draw the decree; concerned courts to pass appropriate orders on applications in the other cases.