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Vijay Kapoor v. Anju Kapoor

Civil Appeal · 2017 INSC 809Decided 25 Aug 2017
Civil Appeal No. 10923 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

Vijay Kapoor and Anju Kapoor had been engaged in a prolonged matrimonial dispute before the Supreme Court since March 2016, following roughly 12 years of separation. With the help of the appellant's sister, Ms. Ritu Batta, the couple reached an amicable settlement and jointly presented a signed Memo of Settlement along with an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act.

Decision Breakdown

The Supreme Court, exercising its special constitutional power under Article 142 to do complete justice, granted a decree of divorce by mutual consent directly, dissolving the marriage in terms of the settlement without requiring the usual statutory waiting period. It directed that the flat at the centre of the dispute be transferred by the appellant's sister, the appellant, and his parents to the respondent and the couple's two children via a family-settlement deed (attracting only the lower family-settlement registration fee), ordered the appellant's confiscated mobile phone returned and the attachment on the flats lifted, and recorded the parties' mutual undertakings to cooperate on matters concerning their children. The appeal was disposed of with no order as to costs.

Lesson Learnt

The Supreme Court can use its special Article 142 power to grant an immediate mutual-consent divorce and enforce a complete family settlement (including property transfers) in one order, sparing estranged couples from further prolonged litigation once they genuinely agree to settle.

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

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