“The wife took advantage of the settlement executed before the Mediator and managed to get the matrimonial case instituted by the husband withdrawn and also accepted a sum of Rs. 50 lakhs from the husband as permanent alimony.”
Supreme Court:
In a civil transfer petition filed by the petitioner-wife seeking to transfer the respondent-husband’s petition under Section 9 of the Hindu Marriage Act, 1955, from the Family Court in Varanasi, U.P. to the Family Court in Pune, Maharashtra, a three-judge bench comprising BR Gavai, S.V.N. Bhatti, and Sandeep Mehta, JJ. exercised their powers under Article 142 of the Constitution and granted a decree of divorce, thereby dissolving the marriage.
Case Details:
Initially, the transfer petition was dismissed for lack of prosecution on 26-07-2023, but it was later restored to its original status. Upon the parties’ request, the matter was referred to the Supreme Court Mediation Centre to explore the possibility of an amicable settlement. On 26-02-2024, both parties reached a settlement, agreeing to part ways peacefully. The husband voluntarily paid Rs. 20 lakhs for child support and Rs. 50 lakhs to the wife, with the remaining alimony to be paid according to the schedule in the settlement deed. The husband had already paid Rs. 50 lakhs to the wife.
The Court observed that the wife reneged on the settlement agreement and her counsel confirmed that she had stopped providing instructions. The husband had withdrawn his matrimonial case on 23-04-2024, as per the settlement terms. The wife accepted the Rs. 50 lakhs as part of the alimony but later attempted to back out of the agreement without any justification.
Court’s Observations:
The Court criticized the wife’s conduct as recalcitrant, highlighting her disregard for the settlement terms agreed upon before the Mediator. This conduct disadvantaged the husband, who had withdrawn his case and paid a significant portion of the alimony. The husband committed to fulfilling the remaining terms of the settlement if the marriage was dissolved.
The Court concluded that the marital relationship had irretrievably broken down with no chance of reconciliation. Therefore, utilizing their powers under Article 142 of the Constitution, the Court granted a decree of divorce and dissolved the marriage. The Court also clarified that the husband must make the remaining payments to the wife as per the settlement terms.