New Delhi: In a first, the Supreme Court has allowed a petition seeking divorce by mutual consent through video conferencing.
Justice V Ramasubramanian said “The marriage solemnized between the parties on May 31, 2001, shall stand dissolved by a decree of divorce by mutual consent. All the proceedings pending before all courts between the parties shall stand closed/ disposed of/quashed in terms of the settlement agreement.”
The court exercised its powers under Article 142 of the Constitution and passed the decree for the dissolution of the marriage. “Under the terms of the settlement, a joint application has been made by the parties in praying for a decree of dissolution of marriage by mutual consent by invoking jurisdiction under Article 142 of the Constitution” noted the court.
The court said that since the entire payment as recorded in the settlement agreement has been paid, the parties have no further or other obligations against each other.
The court observed that under the terms of the settlement, a sum of Rs.57, 50,000 was liable to be paid by the husband to the wife. “The counsel for the respondent (husband) states that the entire amount has been paid. This is also confirmed by the counsel for the petitioner (wife). The petitioner and the respondent are also present through the video conferencing. The petitioner confirmed the receipt of the entire amount”, said the court.
The petitioner moved the top court urging it to transfer divorce proceedings pending in the family court in Telangana to the District and Sessions Court in Kolkata. However, the matter was referred to the top court mediation centre, where the parties arrived at an amicable settlement and prayed for termination of the marriage. “The Supreme Court Mediation Centre conducted mediation and the parties have now reached to an amicable settlement”, said the court, citing the settlement agreement on November 5, 2019.
The parties, in the 2019 agreement, said by signing this agreement the parties solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation.