TRISHA SINGH versus ANURAG KUMAR

TRISHA SINGH versus ANURAG KUMAR

Because the petitioner had signed a mediated settlement, accepted substantial payments (including Rs.50,00,000) and the respondent had withdrawn the matrimonial proceedings and undertaken to pay remaining alimony, and because the matrimonial relationship was found to be irretrievably broken with no possibility of reconciliation, the Court exercised its power under Article 142 to grant a decree of divorce and directed the respondent to make remaining payments as per the settlement.

Parties
Petitioner: Trisha Singh; Respondent: Anurag Kumar
Jurisdiction
India
Judgment Date
15 May 2024
Procedural Posture
Transfer Petition (civil) No. 1008 of 2023 / Civil Original Jurisdiction Final Order by Supreme Court
Outcome
Petition allowed
Legal Topics
Article 142, Dissolution of Marriage by Mutual Consent, Settlement by Mediation, Alimony, Transfer of Cases
Constitutional Law Family Law Civil Procedure Article 142 Dissolution of Marriage by Mutual Consent Settlement by Mediation Alimony Transfer of Cases

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Parties

Trisha Singh

Petitioner

Anurag Kumar

Respondent

Procedural Posture

Transfer Petition (civil) No. 1008 of 2023 / Civil Original Jurisdiction Final Order by Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court should exercise powers under Article 142 to grant a decree of divorce where parties had signed a mediated settlement and one party later resiled
  2. 2 Whether the respondent had performed obligations under the settlement (withdrawal of matrimonial case and payment) so as to justify granting divorce despite the petitioner's attempt to resile
  3. 3 Whether the petitioner's conduct in taking advantage of the settlement and later resiling amounts to abuse of process and disentitles her to resist dissolution

Ratio Decidendi

Because the petitioner had signed a mediated settlement, accepted substantial payments (including Rs.50,00,000) and the respondent had withdrawn the matrimonial proceedings and undertaken to pay remaining alimony, and because the matrimonial relationship was found to be irretrievably broken with no possibility of reconciliation, the Court exercised its power under Article 142 to grant a decree of divorce and directed the respondent to make remaining payments as per the settlement.

Court Disposition

Petition allowed

Orders

  • Marriage between the petitioner and the respondent is dissolved; decree of divorce to be prepared accordingly
  • Respondent shall make the remaining payments to the petitioner in terms of the settlement agreement