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Prachi Singh Patil v. Rahul G. Patil

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10561 of 2014)Decided 17 Nov 2014
Civil Appeal No. 10561 of 2014
Justice Anil R. Dave · Justice Kurian Joseph

Background

The spouses made repeated efforts to resolve their matrimonial dispute during the pending appeal. After more than six years of unsuccessful settlement efforts, they agreed to separate on written consent terms dated September 26, 2014. Both assured the Court that they would comply with those terms.

Decision Breakdown

The Court granted leave and disposed of the appeal in accordance with the agreed terms. It treated the pending Hindu Marriage Act proceedings in the Thane court as a mutual-consent divorce proceeding under section 13B. Exercising its constitutional power under Article 142, it declared the marriage dissolved, taking account of the sustained failure of reconciliation efforts. The corrected order recorded the parties' assurances and imposed no costs. It did not resolve contested allegations of matrimonial fault or establish a general entitlement to the same relief in ordinary trial proceedings.

Lesson Learnt

Spouses who reach a binding settlement during Supreme Court proceedings may obtain a divorce through its special constitutional power in appropriate circumstances. Here dissolution followed their specific consent terms and failed reconciliation efforts, not a finding against either spouse.

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

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