SABITA SHASHANK SINGH Vs. SHASHANK SHEKHAR SINGH

JUDGEMENT

(1.) The matter is convened through Video Conferencing. The present petition instituted under Sec. 25 of the Code of Civil Procedure, 1908 originates from a matrimonial dispute between the parties. The respondent-husband had instituted a petition for dissolution of marriage under Sec. 13(1) (ia) of the Hindu Marriage Act, 1955 in the Family Court at Pune, Maharashtra. The said petition for dissolution of the marriage of the parties was registered as P.A. No. 151/2019. In the present petition the main prayer of the petitioner-wife is for transfer of that divorce petition from the Family Court, Pune, Maharashtra to the Principal Judge, Family Court, Gautam Budh Nagar, Uttar Pradesh. It has been pleaded in the petition that the parental home of the petitioner is at NOIDA and she is undergoing treatment for certain ailment there. For these reasons, she would be unable to travel to Pune to defend the divorce petition. Moreover, the petitioner has filed a petition for restitution of conjugal rights before the Principal Judge, Family Court, Gautam Budh Nagar.

(2.) On 8/5/2019, notice was issued in this petition by a Bench consisting of two Hon'ble Judges of this Court and this Court also stayed further proceedings of P.A. No. 151 of 2019. The matter was called on for hearing again on 21/1/2020. On that date, learned counsel appearing for the parties agreed before the Court that the matter could be settled through mediation. The parties were, accordingly, directed to appear before the Co-ordinator, Supreme Court Mediation Centre. The mediation process was successful and a settlement agreement has been arrived at on 15/2/2021. This settlement agreement forms part of records. The key terms of the settlement include withdrawal or quashing of three pending proceedings between the parties, as also filing of a joint application, interalia, for decree of divorce by mutual consent before this Court, invoking this Court's jurisdiction under Article 142 of the Constitution of India. There is provision for payment of a lumpsum amount to the petitioner-wife in the settlement agreement in case the decree of divorce by mutual consent is granted by this Court. The parties agreed to apply before this Court for dissolution of their marriage and have agreed to withdraw all remaining cases involving the parties on their family members.

(3.) The parties have subsequently filed a joint application for divorce by mutual consent of the parties invoking Article 142 of the Constitution of India. This application has been registered as I.A. No. 30625 of 2021. One of the main clauses of the settlement agreement stipulates:- "They shall file a petition jointly for decree of divorce and withdrawal of the aforesaid cases before Hon'ble Supreme Court invoking the inherent power under Article 142 of the Constitution of India for grant of divorce by mutual consent and for withdrawal/quashing/disposal of all pending case/complaints between the parties."