LexTRISHA SINGH versus ANURAG KUMAR
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[2024] 5 S.C.R. 567 : 2024 INSC 450 Trisha Singh v. Anurag Kumar (Transfer Petition (Civil) No. 1008 of 2023 ) 15 May 2024 [B.R. Gavai and Sandeep Mehta, JJ.] Issue for Consideration Parties arrived at an amicable settlement for dissolution of marriage by mutual consent. However, the wife resiled from the settlement agreement. Exercise of powers under Article 142 of the Constitution of India to grant decree of divorce. Headnotes† Constitution of India – Article 142 – Exercise of powers under – Grant of decree of divorce – Present transfer petition was filed by wife seeking transfer of the petition filed by husband u/s.9 of the Hindu Marriage Act, 1955 – Parties arrived at settlement before the Mediator for dissolution of marriage by mutual consent – Husband abided by the terms of settlement however, the wife resiled from the settlement agreement: Held: The petitioner-wife having taken advantage of the settlement executed before the Mediator managed to get the matrimonial case instituted by the respondent-husband withdrawn – She also accepted Rs.50 lakhs from the husband towards part payment of the permanent alimony and thereafter, tried to resile from the settlement without any justification – The conduct of the wife is clearly, recalcitrant inasmuch as she disregarded the terms and conditions agreed before the Mediator in the settlement proceedings undertaken pursuant to the directions of this Court – Because of her conduct, the husband was put to grave disadvantage inasmuch as he withdrew the matrimonial case and also paid a significant proportion of the permanent alimony to the wife in terms of the settlement agreement – The matrimonial relations between the spouses have broken down irrevocably and there is no possibility of reconciliation and revival of the spousal relationship – Hence, looking at the conduct of the wife and the other attending facts and circumstances, decree of divorce granted in exercise the powers under Article 142 of the Constitution of India – The marriage between the petitioner and the respondent is dissolved. [Paras 7, 10] 568 [2024] 5 S.C.R. Digital Supreme Court Reports Case Law Cited Ruchi Agarwal v. Amit Kumar Agrawal and Others (2005) 3 SCC 299 – relied on. List of Acts Constitution of India; Hindu Marriage Act, 1955. List of Keywords Exercise of powers under Article 142 of the Constitution of India to grant decree of divorce; Transfer petition; Dissolution of marriage by mutual consent; Amicable settlement; Settlement before Mediator; Resiled from settlement; Matrimonial case withdrawn; Permanent alimony; Matrimonial relations; Spousal relationship; Irrevocable/ irretrievable break down; Marriage dissolved. Case Arising From CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil) No. 1008 of 2023 Petition Filed Under Section 9 of The Hindu Marriage Act, 1955 Appearances for Parties Dr. Arvind S. Avhad, Adv. for the Petitioner. Paban K Sharma, Himanshu Shekhar, Pranab Kumar Nayak, Anchit Sripat, Arvind Kumar, Advs. for the Respondent. Judgment / Order of the Supreme Court Order 1. The instant transfer petition came to be preferred by the petitioner- wife seeking transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 being Matrimonial Case No. 2172/2022 titled as ‘Anurag Kumar S/o Ravindra Nath Sharma Vs. Trisha Singh’, pending before the Court of 7-Principal Judge, Family Court, Varanasi, U.P. to the Family Court at Pune, Maharashtra. 2. The transfer petition was dismissed for want of prosecution on 26th July, 2023. Subsequently, vide order dated 21st August, 2023, the transfer petition was restored to its original number and on the request of learned counsel for the parties, the matter was forwarded to the [2024] 5 S.C.R. 569 Trisha Singh v. Anurag Kumar Supreme Court Mediation Centre for exploring the possibility of an amicable settlement between the parties. Pursuant to the efforts made by the Mediator, the parties had arrived at a settlement which was signed by the petitioner-wife and the respondent-husband before Shrabani Chakrabarty, Advocate/Mediator, Supreme Court Mediation Centre on 26th February, 2024. The relevant terms and conditions of the settlement agreement which in entirety shall form a part of this order are reproduced below: - “5. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriag
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