Summary
The Supreme Court gave effect to a comprehensive matrimonial settlement, dissolved the parties’ marriage by mutual consent without requiring a further six-month wait, and ended the specified civil, criminal and consumer proceedings. Their long separation and conscious, voluntary decision justified granting divorce directly. The Court ordered compliance with the incorporated settlement and emphasized the Family Court’s duty to assist timely conciliation and mediation.
Issues
- Whether the settled matrimonial dispute should be concluded by divorce by mutual consent directly before the Supreme Court.
- How the pending proceedings and agreed property and payment arrangements should be implemented.
- What role Family Courts should play in promoting settlement.
Held
- In light of the comprehensive settlement, long separation and the parties’ conscious decision uninfluenced by extraneous factors, the Court found no need to send them to the Family Court or require another six months. It dissolved their marriage by mutual consent. This was relief on the circumstances before the Court. (¶¶ 3, 4, 9)
- The settlement recorded in IA No.19210 of 2018 formed part of the judgment. The seven proceedings specified in paragraph 5 were quashed; the six proceedings listed under paragraph 6 and Consumer Case No.580 of 2014 were dismissed; the seven High Court proceedings listed under paragraph 7 were disposed of in terms of settlement. (¶¶ 3, 5, 6, 7)
- The parties were directed to comply strictly with the settlement and restrained from bringing fresh litigation concerning its subject matter without leave of the Supreme Court. The Tehsildar was to transfer and mutate Pradip Bhandari’s specified agricultural-land share equally among Anu, Bhuvi and Vibhu immediately. (¶¶ 10, 11, 12)
- The demand draft held by the Judicial Magistrate was to be returned to Pradip forthwith, and he was to pay Anu Rs.50,000 within one week thereafter. (¶ 13)
- Section 9 of the Family Courts Act imposes a duty to endeavour to assist and persuade parties towards settlement. Timely judicial participation in conciliation and mediation can secure speedy settlement and prevent further litigation. (¶ 14)
Result
Civil appeals disposed of without costs. Marriage dissolved by mutual consent; specified proceedings concluded and settlement, land-transfer and payment directions issued.