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Kirti Vijayvargiya v. Rahul Vijayvargiya

Transfer Petition (Civil) · 2020 INSC 233Decided 28 Feb 2020
Transfer Petition (Civil) No. 1928 of 2018
Justice Uday Umesh Lalit · Justice Vineet Saran

Background

The wife had filed a transfer petition seeking to move proceedings relating to her matrimonial dispute with her husband, including cases under Section 125 CrPC and the Domestic Violence Act, 2005, along with a pending divorce case before the Family Court at Chittorgarh, Rajasthan. The Supreme Court had earlier referred the matter to its Mediation Centre to explore settlement. The mediation succeeded, and both parties appeared in Court with their counsel, agreeing to abide by a signed settlement.

Decision Breakdown

The Court recorded that under the settlement, the husband agreed to pay Rs. 11,51,000 to the wife in full and final settlement of her claims (already received via demand drafts), and both parties agreed to withdraw all cross-cases filed against each other. Noting that the parties were young and wished to lead independent lives, the Court exercised its special power under Article 142 of the Constitution to directly annul the marriage (solemnized in February 2017), without requiring the couple to go through further contested divorce proceedings. The pending Family Court divorce case was directed to stand disposed of in terms of this order, and the transfer petition itself was disposed of.

Lesson Learnt

When both spouses genuinely and voluntarily settle their disputes, the Supreme Court can use its special constitutional power (Article 142) to grant an immediate and complete end to the marriage and all connected litigation, without the couple needing to wait out the normal multi-stage divorce process.

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

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