In a landmark judgment by the Supreme Court of India, the marriage between Neelam and Pravin has been dissolved through mutual consent. The Court has approved the settlement agreement, which includes financial support for their daughter’s future. The parties have amicably resolved their differences, bringing an end to a long-standing legal battle. This decision sets a significant precedent in family law. #DivorceSettlement #MutualConsent #FamilyLaw #SupremeCourt
Facts
- The High Court dismissed the second appeal filed by the appellant-husband.
- The Trial Court’s divorce petition dismissal judgment dated 09.11.2009 stands.
- The District Court also dismissed the second appeal by the appellant on 29.11.2012.
- The High Court’s judgment and order dated 29.05.2013 in Second Appeal No. 641 of 2013 declined to dissolve the marriage.
- The husband has agreed to contribute one lakh at the time of the daughter’s marriage
- They have a girl child together who is about 18 years old
- Due to strained relationship, the parties are living separately
- The parties have settled the matter amicably through mediation
- Both parties have agreed to dissolve the marriage by mutual consent under Article 142 of the Constitution of India
- The husband has agreed to pay Rs. 10,00,000 as part of the settlement
- The wife desires further financial support for marriage and educational expenses for their daughter, to be deposited as FDR in the daughter’s name
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Analysis
- Case No. 506 of 2002 – Neelam filed a case against Pravin & Others under Section 406 IPC before ACJM, Etawah.
- Case No. 186 of 2009 – Neelam filed a case against Pravin under the Domestic Violence Act before ACJM, Etawah.
- Case No. 323 of 2006 – Praveen filed a case against Ramender before the Special Anti Dakait Magistrate.
- Case under Section 396 IPC is pending before the Hon’ble High Court of Allahabad, Uttar Pradesh.
- Case No. 654 of 2002 – Neelam filed a case against Pravin & others under Section 498A IPC before CJM Etawah.
Also Read: High Court Acquittal Case of State of Uttar Pradesh v. Jai Prakash
Decision
- An FDR of Rs. 3,00,000 is to be paid to the daughter within three months.
- Another Rs. 1,00,000 to be paid as part of the settlement agreement.
- The parties mutually agreed to withdraw or quash specific pending cases, including one under Section 125 of CrPC.
- The petitioner agreed to pay Rs. 10,00,000 to the respondent as full and final settlement of all claims.
- The appellant agreed to pay Rs. 10,00,000 to the respondent-wife as settlement for maintenance and other claims.
- A post-dated cheque was issued towards the settlement amount.
- Additional Rs. 3,00,000 to be paid by way of FDR for the daughter’s marriage.
- The parties agreed to withdraw or quash all pending cases between them.
- The decree of divorce by mutual consent is to be passed invoking Article 142 of the Constitution of India.
- The marriage between the parties was dissolved by the Court.
- Non-compliance of the settlement terms may lead to contempt of court.
- All terms of compromise agreed between the parties form part of the judgment.
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Case Title: PRAVEEN SINGH RAMAKANT BHADAURIYA Vs. NEELAM PRAVEEN SINGH BHADAURIYA
Case Number: C.A. No.-004541-004541 / 2019
