Third Mediation Works: Supreme Court Dissolves Marriage Under Article 142 With Rs 80 Lakh Settlement for Wife and Daughter

Case at a Glance

A husband’s petition to transfer his wife’s maintenance case from Thane to Gurugram ended in a full settlement after a third round of mediation. Using Article 142, the Supreme Court dissolved the marriage, governed by the Indian Divorce Act, 1869, on the ground of irretrievable breakdown, recorded a total payment of Rs 80 lakh split equally between the wife and the minor daughter, and closed all pending matrimonial cases.

The husband sought transfer of the wife’s maintenance application from the Family Court, Thane to the Family Court, Gurugram. The parties had lived separately since 16 April 2013. The husband had a petition for dissolution on the ground of desertion under Section 10(1)(x) of the Indian Divorce Act, 1869 pending at Gurugram, and the wife had a maintenance petition under the BNSS and an application to restore a Domestic Violence Act petition pending at Thane.

The Court referred the parties to mediation. Two attempts failed; the third, before a mediator of the Supreme Court Mediation Centre, produced a written settlement. The parties agreed there was no possibility of reunion and sought dissolution by mutual consent under Section 10(1)(x) through the Court’s Article 142 power.

The Key Question Before the Court

Can the Supreme Court, while hearing a transfer petition, end the marriage and all connected litigation on the basis of a mediated settlement?

Terms of the Settlement

The husband agreed to pay Rs 40 lakh to the wife towards permanent alimony, stridhan and past, present and future maintenance, and Rs 40 lakh for the minor daughter’s maintenance, education, health and other expenses, of which Rs 10 lakh is to be held as an FDR and Rs 30 lakh paid into the daughter’s account. The settlement records that this payment “will not impact her inheritance rights.” Custody remains with the mother, who will facilitate meetings if the daughter wishes to meet her father.

Counsel for both sides told the Court the money had already been transferred. The Court granted divorce on the ground of irretrievable breakdown under Article 142, directed that “the parties shall not have any claim against each other in future”, and closed all pending civil and criminal matters arising from the marriage.

What the Court Actually Held

• The marriage was dissolved on the ground of irretrievable breakdown under Article 142.
• All pending civil and criminal matters arising from the marriage stand closed; either party may produce the order before those courts.
• The parties shall not have any claim against each other in future.
• The transfer petition was disposed of and the Registry directed to draw up a decree.

Why This Judgment Matters

• It shows how a transfer petition can become a route to a complete settlement through Supreme Court mediation.
• It illustrates protection of a child’s interests, including inheritance, in a settlement.
• It applies Article 142 to a marriage under the Indian Divorce Act, 1869.

What Should Advocates Take Away From the Judgment?

For Family Law Practitioners

• Persist with mediation; here the third attempt succeeded.
• Separate the child’s entitlement from the spouse’s alimony and record inheritance rights expressly.

For Parties

• Ensure the settlement covers all pending cases so they can be closed together.
• Record custody and visitation arrangements in writing.

Key Takeaways

Frequently Asked Questions

A request to transfer the wife’s maintenance case from Thane to Gurugram.

Rs 40 lakh to the wife and Rs 40 lakh for the minor daughter.

The mother, who will facilitate meetings with the father if the daughter wishes.

Conclusion