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Family LawSupreme Court of India

Praveen Singh Ramakant Bhadauriya v. Neelam Praveen Singh Bhadauriya

Civil Appeal · 2019 INSC 615Decided 1 May 2019
Civil Appeal No. 4541 of 2019
Justice R. Banumathi · Justice S. Abdul Nazeer

Background

The husband had sought dissolution of his marriage, married in 1998, but his divorce petition was dismissed by the Family Court, and the dismissal was upheld on appeal by the District Court and then by the Allahabad High Court. He then approached the Supreme Court. While the appeal was pending, the parties went through mediation and arrived at an amicable settlement, including financial arrangements for the wife and their daughter and withdrawal of several pending criminal and civil cases between them (including Section 125 CrPC maintenance proceedings, a Domestic Violence Act case, and Section 498A/406 IPC proceedings).

Decision Breakdown

Exercising its special power under Article 142 of the Constitution to do complete justice, the Supreme Court dissolved the marriage by mutual consent based on the settlement reached between the parties. The husband agreed to pay Rs. 10 lakhs to the wife in full and final settlement of all maintenance and other claims (paid via post-dated cheque), plus Rs. 3 lakhs by way of a fixed deposit for the daughter within three months, and a further Rs. 1 lakh at the time of the daughter's marriage. The terms of the compromise were made part of the judgment itself, with all other pending cases between the parties to be withdrawn or quashed as per the settlement, and non-compliance made punishable as contempt of court.

Lesson Learnt

The Supreme Court can use its special constitutional powers to grant a divorce by mutual consent directly, bypassing the usual waiting periods, when both spouses have genuinely settled their disputes, showing how mediation and settlement can resolve even long-running, multi-court matrimonial litigation.

Praveen Singh Ramakant Bhadauriya v. Neelam Praveen Singh Bhadauriya – Legal Case Shots | LegalAware