Supreme Court's Single Judge Bench of HMJ Bela M Trivedi was hearing a Transfer Petition filed by the petitioner-wife, seeking transfer of Original Matrimonial Suit titled Amit Kumar Udaypratap Singh vs. Geetanjali Singh which was pending before Principal Judge, Family court at Jamshedpur, Jharkhand to the Court of th Principal Judge, Family Court, Pune District Court, Maharashtra.
A Settlement was arrived at between the Parties in March, 2021. Evidently a prayer was made to the Bench to grant Divorce by Mutual Consent by invoking Article 142 of Constitution of India.
In this regard, while refering to a co-ordinate Bench of Supreme Court in Transfer Petition (Civil) No. 908 of 2019, by a reasoned order dated 01.03.2021 held that while sitting singly such a decree of Divorce by Mutual Consent cannot be passed having regard to provisions of Supreme Court Rules, 2013, and such a joint application ought to be dealt with by a Bench comprising Two or more Hon’ble Judges as the Hon’ble Chief Justice of India may consider appropriate.
The Bench quoted the portion of the Order as under,
"....in my opinion, while a Single Judge of this court can exercise jurisdiction under Article 142 of the Constitution of India, this power or jurisdiction has to be confined to the four categories of cases referred to in the proviso to Order VI Rule (1) of the 2013 Rules only, or on subjects ancillary or directly relatable to time. Referring a case forming the core dispute in a transfer petition to the list pending before the Court. Annulment of marriage, however, in my view, cannot come within these four categories. I am of the view that 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 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 cases. The transfer petition arose out of 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. I am not expressing any doubt on the jurisdiction of this court under Article 142 of the Constitution of India to pass decree to dissolve a marriage on consent of the parties without adhering to the timeline and other procedural formalities stipulated in Section 13B of the Hindu Marriage Act,1955 Act. But I do not think that while sitting singly, such a decree can be passed having regard to the provisions of the Supreme Court Rules, 2013."
In the light of the above, the matter was ordered to be placed before the Hon'ble 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.
Geetanjali Singh vs. Amit Kumar Udaypratap Singh
Picture Source : Lexidem