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Bhupender Singh v. Reema

Civil Appeal · 2018 INSC 596Decided 10 Jul 2018
Civil Appeal No. 6219 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

A husband appealed to the Supreme Court after the High Court reversed the Trial Court's decree of divorce, which had originally been granted to him on the ground of cruelty by his wife. Given the long history of litigation between the couple, the Supreme Court directed both parties to appear in person before it, with counsel assisting the discussions.

Decision Breakdown

After interacting with both parties directly, the Court found that the husband and wife had independently and consciously decided to end their marriage amicably rather than continue contesting the matter. As part of the settlement, the husband paid the wife Rs. 8,00,000 by demand draft, which she acknowledged, and both parties signed a joint application and separate affidavits agreeing to a mutual-consent divorce. The Court allowed the appeal, granted a decree of divorce by mutual consent incorporating the terms of the settlement, and directed that neither party would initiate any further civil or criminal proceedings against each other or their families arising from the marital dispute, with all pending litigation between them to be closed.

Lesson Learnt

The Supreme Court can and does facilitate amicable, mutual-consent resolutions even in contested matrimonial appeals, allowing parties to convert a bitterly litigated cruelty-based divorce dispute into a clean, negotiated settlement that closes all related proceedings at once.

Official source (sci.gov.in)View Judgment (PDF)

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