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Family LawSupreme Court of India

Tarvinder Singh v. Gurupreet Kaur

Civil Appeal · 2018 INSC 1118Decided 28 Nov 2018
Civil Appeal No. 11470 of 2018
Justice Kurian Joseph · Justice Hemant Gupta

Background

The appellant-husband had approached the Supreme Court aggrieved by a Karnataka High Court order that refused to allow an amendment to the pleadings in his divorce petition. While the appeal was pending, the Court sensed an element of settlement and referred the parties to a trained mediator with their consent.

Decision Breakdown

The mediator forwarded a signed Settlement Agreement under which the parties, having taken a conscious decision to part ways, filed a joint application under Section 13-B of the Hindu Marriage Act, 1955 (divorce by mutual consent). The Court, satisfied that the parties genuinely consented and that it was unnecessary to put them through the regular waiting process given the long history of litigation, took the application on board, allowed it, and granted a decree of divorce by mutual consent. The husband handed over a demand draft of Rs. 15 lakhs for the child's benefit, acknowledged by the wife, and connected proceedings (a maintenance case and a criminal complaint) were disposed of/quashed in terms of the settlement. The appeal was disposed of with no order as to costs.

Lesson Learnt

Even a long-pending matrimonial dispute can be resolved quickly through court-referred mediation and a mutual-consent divorce under Section 13-B of the Hindu Marriage Act, once both spouses genuinely agree to settle: the regular statutory waiting period/process can be dispensed with by the Court in appropriate circumstances.

Tarvinder Singh v. Gurupreet Kaur – Legal Case Shots | LegalAware