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Trisha Singh vs Anurag Kumar

Not available · 2024 INSC 450Decided 15 May 2024
Not available
Justice B.R. Gavai · Justice S.V.N. Bhatti · Justice Sandeep Mehta

Background

Trisha Singh (wife) had filed a petition to transfer her husband Anurag Kumar's matrimonial case (filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights) from a Family Court in Varanasi to Pune. While the transfer petition was pending, the Supreme Court referred the matter to mediation, and the couple signed a settlement on 26 February 2024 agreeing to a mutual-consent divorce, with the husband paying a total alimony of Rs. 1.15 crore in instalments (having already paid Rs. 50 lakh). Acting on the settlement, the husband withdrew his matrimonial case, but the wife then stopped instructing her counsel and tried to resile from the settlement without justification after having already accepted Rs. 50 lakh and benefited from the case's withdrawal.

Decision Breakdown

The Supreme Court held that the wife's conduct (accepting part payment and the benefit of the husband's withdrawal of his case, then reneging on the settlement) was recalcitrant and unjustified, relying on its earlier ruling in Ruchi Agarwal vs. Amit Kumar Agrawal that a party cannot go back on a compromise after having taken its benefits. Finding the marriage had broken down irretrievably with no chance of reconciliation, the Court used its special power under Article 142 of the Constitution to grant a decree of divorce directly, dissolving the marriage. It directed the husband to continue paying the remaining alimony instalments as per the settlement schedule, with no order as to costs.

Lesson Learnt

A party who accepts money and other benefits under a court-mediated settlement cannot later unilaterally back out of it without valid grounds. The Supreme Court can invoke its special constitutional power (Article 142) to grant a divorce directly when a marriage has irretrievably broken down, even over one spouse's later reluctance, provided the agreed financial terms are honoured.

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

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