Can HC dissolve Marriage by Mutual Consent while hearing a Transfer Petition, SC replies [Read Order]

21 Sep 2021

Categories: Latest News Case Analysis Marriage and Divorce News

The Supreme Court Justice Aniruddha Bose in the case titled Sabita Shashank Singh v. Shashank Shekhar Singh gives his views on can HC dissolve Marriage by Mutual Consent while hearing a Transfer Petition.

Facts of the Case:

The respondent (Husband) had instituted a petition for dissolution of marriage under Section 13(1) (ia) of the Hindu Marriage Act, 1955 in the Family Court at Pune, Maharashtra. The petitioner (Wife) filed a transfer petition of that divorce petition from the Family Court, Pune, Maharashtra to the Principal Judge, Family Court, Gautam Budh Nagar, Uttar Pradesh. The petitioner has submitted that the parental home of the petitioner is at NOIDA and she is undergoing treatment for certain ailment there. For these reasons, she would be unable to travel to Pune to defend the divorce petition. After the mediation process, the parties filed a joint application, interalia, for a decree of divorce by mutual consent before this Court, invoking this Court's jurisdiction under Article 142 of the Constitution of India.

Court’s Observation & Judgement:

The Supreme Court held:

“While sitting singly this Court does not have the jurisdiction to take a decision on that plea made in the joint application. One of the preconditions for the exercise of jurisdiction under Article 142 of the Constitution of India in passing order or decree for doing complete justice is that the cause or the matter in which the Court intends to invoke the provisions thereof must be pending before it. Annulment of marriage cannot be linked to any cause or matter pending before this Court in the facts of the given case. The transfer petition arose out of a matrimonial dispute between the parties, but the expression 'cause or matter pending before it' cannot be stretched to cover all disputes originating from such matrimonial problem that can be resolved by this Court, sitting singly, while hearing a transfer petition.”

It further observed:

"The joint application ought to be dealt with by a Bench comprising of two or more Hon'ble Judges as the Hon'ble Chief Justice of India may consider appropriate. Since the parties to the present proceeding have otherwise settled their dispute through the process of mediation, the transfer petition has lost its utility and stands disposed of. Let the file be placed before Hon'ble the Chief Justice of India for appropriate directions for giving effect to the terms of settlement entered into by and between the parties and broadly reflected in the joint application."

Read Judgement Here:

Tags : Mutual Consent Supreme Court Hindu Marriage Act Hindu Marriage Marriage Law Transfer Petition Divorce

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