Dissolving Marriage Under Article 142 and Comprehensive Settlement of Cross-Criminal and Civil Litigation

Landmark Supreme Court Order – Dissolving Marriage Under Article 142 & Comprehensive Settlement of Cross-Criminal and Civil Litigation

In a significant demonstration of the Supreme Court of India’s plenary powers under Article 142 of the Constitution, a Bench comprising Hon’ble Mr. Justice J.B. Pardiwal and Hon’ble Mr. Justice Sandeep Mehta recently disposed of a Transfer Petition by dissolving a marriage on mutual terms and simultaneously terminating over a dozen interconnected civil and criminal proceedings. This case serves as a masterclass in strategic dispute resolution through mediation, culminating in a global settlement.

Background of the Litigation

The dispute originated from a marriage solemnized in July 2021, which broke down irretrievably by December 2021, with no children born from the wedlock. Prior to approaching the Apex Court, the parties were entangled in a complex web of litigation across multiple forums in Delhi and Uttar Pradesh, including:

• Divorce petitions filed by both parties under the Hindu Marriage Act, 1955.

• Complaints under the Protection of Women from Domestic Violence Act, 2005.

• Criminal proceedings under Sections 498A, 406, 504, 506, 34 of the IPC.

• Maintenance petitions under Section 125 Cr.P.C.

• Complaints under Section 156(3) and 200 Cr.P.C., as well as proceedings under the BNSS.

• Cross FIRs and complaints involving family members on both sides.

Over eleven separate cases were pending before various Family Courts, Magistrate Courts, and JMICs in Delhi and Ghaziabad.

The Turning Point: Supreme Court Mediation

On 20th March 2025, the Hon’ble Supreme Court referred the matter to the Supreme Court Mediation Centre. Comprehensive mediation sessions were held physically on multiple dates in April and May 2025. The mediation culminated in a detailed Settlement Agreement dated 19th May 2025, signed by both parties, their respective counsel, and the learned Mediator.

Key Terms of the Settlement

The settlement was structured to bring a complete and final end to all disputes:

1. One-Time Final Settlement Amount: The husband agreed to pay a total sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) to the wife towards full and final settlement of all claims, including permanent alimony, Stridhan, past, present, and future maintenance.

2. Joint Application under Article 142: Both parties agreed to move a joint application before the Supreme Court invoking its inherent powers for divorce by mutual consent, citing separation for over three and a half years and irretrievable breakdown of marriage.

3. Withdrawal of All Cases: Upon the Supreme Court allowing the application, both parties undertook to withdraw all cases filed by them against each other and their respective family members. The settlement explicitly covered any unknown cases as well.

4. Mutual Non-Disparagement & No-Contact Clause: The parties agreed not to contact each other via social media or any other means, not to defame or lower each other’s reputation, and to refrain from filing RTIs or sending communications to each other’s workplaces.

5. Future Legal Action Barred: Both sides and their family members agreed not to initiate any future legal action or complaint against each other regarding the matrimonial dispute.

The Supreme Court’s Order (29th October 2025)

After being informed that the husband had already paid the agreed Rs. 15,00,000/-, the Supreme Court passed the following operative directions:

• Marriage Dissolved: Exercising jurisdiction under Article 142 of the Constitution, the Court dissolved the marriage.

• All Proceedings Terminated: All civil and criminal proceedings between the parties, as referred to in the Settlement Agreement, were ordered to stand terminated.

• Decree to be Drawn: The Registry was directed to draw a decree accordingly.

• Transfer Petition Disposed of: The original Transfer Petition (seeking transfer of the divorce case from Ghaziabad to Delhi) was disposed of in terms of the signed order.

Legal Significance

This judgment underscores several critical legal principles:

• Article 142 as a Tool for Complete Justice: The Supreme Court used its unique constitutional power not only to dissolve a marriage without waiting for statutory waiting periods but also to put a quietus to all collateral litigation, which a family court cannot do.

• Mediation as a Dispute Resolution Anchor: The Supreme Court Mediation Centre played a pivotal role in converting adversarial litigation into an amicable settlement, paving the way for a global resolution.

• Finality in Matrimonial Disputes: The order ensures that once a global settlement is reached and payments are made, no party can re-agitate the same issues, preventing endless litigation.

Conclusion

This case is a guiding light for matrimonial litigants trapped in a cycle of cross-cases. It demonstrates that the Supreme Court, through mediation and its constitutional powers, can provide a one-stop, final solution that terminates all pending disputes, allowing both parties to move on with their lives.

Comprehensive FAQ: Supreme Court Divorce by Mutual Consent Under Article 142

Q1. What is Article 142 of the Constitution of India, and how was it used in this case?

A1. Article 142 grants the Supreme Court the plenary power to pass any decree or order necessary for doing “complete justice” in any cause or matter pending before it. In this case, despite the parties having already undergone the first motion of mutual divorce but not the second motion, the Supreme Court invoked Article 142 to dissolve the marriage directly, bypassing the mandatory six-month waiting period under Section 13B of the Hindu Marriage Act, and simultaneously terminated all related criminal and civil cases.

Q2. Why did the parties approach the Supreme Court instead of a family court?

A2. The parties approached the Supreme Court through a Transfer Petition. One party had filed a divorce petition in Ghaziabad, while the other wanted it transferred to Delhi. However, during the pendency of the transfer petition, they opted for mediation at the Supreme Court Mediation Centre. The Supreme Court has the unique ability to pass a global settlement that ends all disputes (criminal, domestic violence, maintenance, etc.) across different states, which a family court cannot do.

Q3. What is a “global settlement” in matrimonial disputes?

A3. A global settlement is a comprehensive agreement covering all claims between the parties, including:

• Divorce/permanent separation.

• Permanent alimony and maintenance (past, present, future).

• Return of Stridhan (dowry articles).

• Withdrawal/quashing of criminal cases (e.g., 498A, DV Act, IPC complaints).

• Withdrawal of civil cases (maintenance, custody, etc.).

• Mutual non-disparagement and no-contact clauses.

Q4. What was the financial settlement in this case?

A4. The husband agreed to pay a total one-time, all-inclusive sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) to the wife. The Supreme Court confirmed that this amount had already been paid before the final order was passed. This amount settled all claims towards alimony, maintenance, and Stridhan.

Q5. How many cases were terminated by this single Supreme Court order?

A5. The Settlement Agreement listed at least eleven (11) different pending proceedings, including:

• Divorce petitions.

• DV Act complaint.

• FIR under Sections 498A/406/34 IPC.

• Maintenance petition under Section 125 CrPC.

• Multiple complaints under CrPC Sections 156(3), 200, and BNSS.

• Cross FIRs involving family members.
  All of these were ordered to stand terminated by the Supreme Court.

Q6. What are the “no-contact” and “non-disparagement” clauses?

A6. These clauses prohibit the parties from:

• Contacting each other via social media or any other means.

• Contacting through friends or family.

• Defaming or lowering each other’s reputation.

• Disturbing each other’s peace, privacy, or work life.

• Filing RTIs or sending communications to each other’s workplaces.

Q7. What happens if a party violates the settlement agreement after the Supreme Court order?

A7. Violation could lead to contempt of court proceedings before the Supreme Court, as the settlement terms are incorporated into the court’s order. Additionally, the aggrieved party may seek revival of the original complaints or file a fresh application for enforcement of the settlement.

Q8. Does the settlement cover unknown or future cases?

A8. Yes. Clause D of the Settlement Agreement explicitly states that if any case is not presently in the knowledge of either party but is pending before any court or authority, this settlement shall be deemed to apply to such cases as well. Furthermore, both parties and their family members agreed not to initiate any future legal action related to the matrimonial dispute.

Q9. Was the presence of both parties required before the Supreme Court?

A9. The order and mediation centre records show that both parties appeared in person (party-in-person) along with their family members and advocates during the mediation sessions. The final order was passed after hearing counsel for both sides.

Q10. Is this order binding on lower courts and authorities?

A10. Yes. The Supreme Court’s order is the law of the land under Article 141 of the Constitution. Consequently, all lower courts (Family Court, Saket Court, Ghaziabad Court, JMICs) and police stations are bound to treat the respective cases as terminated. The Registry was directed to draw a decree, which can be produced before any lower forum for compliance.

Q11. What is the key takeaway for litigants from this case?

A11. The key takeaway is that matrimonial litigants stuck in multiple cross-cases across different states should consider approaching the Supreme Court via a Transfer Petition and opting for mediation at the Supreme Court Mediation Centre. If a global settlement is reached, the Supreme Court can use Article 142 to provide a clean, final, and complete break from all litigation, saving years of time and expense.