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Family LawSupreme Court of India

Baburam Gautam & Ors. vs. State of U.P. & Anr.

Not available · 2025 INSC 1493Decided 18 Dec 2025
Not available
Justice Ahsanuddin Amanullah · Justice K. Vinod Chandran

Background

A criminal case (arising from Case Crime No. 177 of 2023 at Mahila Thana, Mathura) had been registered against the appellants, including the husband in a troubled marriage, on a complaint by the wife. Their application to quash the proceedings under Section 482 CrPC had been rejected, leading to this appeal. While the appeal was pending, the husband and wife appeared before the Supreme Court and informed it that they had settled their disputes, including multiple other cases pending between them in various courts.

Decision Breakdown

The Court recorded the terms of the settlement: the husband paid the wife a total of Rs. 30 lakh in full and final settlement, both sides agreed that all the other listed cases between them would not be proceeded with, and both undertook to remove and never re-upload photos/videos of each other or their families from social media. The Court directed that all the listed pending cases/proceedings stand closed on production of a certified copy of the order. Finding the marriage irretrievably broken down, the Court exercised its special power under Article 142 of the Constitution to directly dissolve the marriage under Section 13B of the Hindu Marriage Act, 1955, without requiring the usual separate mutual-consent divorce process, and allowed the appeal accordingly.

Lesson Learnt

Where a marriage has irretrievably broken down and both spouses jointly settle all their disputes (including criminal cases) and agree in writing to the terms, the Supreme Court can use its Article 142 power to grant an immediate mutual-consent divorce and close all connected cases in one stroke, rather than sending the parties through the ordinary multi-step statutory divorce procedure.

Baburam Gautam & Ors. vs. State of U.P. & Anr. – Legal Case Shots | LegalAware