The Supreme Court of India has invoked its power under Article 142 of Constitution in a case and granted divorce by mutual consent to parties concerned wherein the parties stipulated settlement agreement. 

The Apex Court in the same case vide order dated 04.04.2019 had earlier transferred the divorce petition from the Family Court, Nagpur, Maharashtra to the competent jurisdiction at Bhopal.

The Court was fully satisfied with the settlement agreement and thus invoked its power under Article 142 of Constitution to grant Decree of Divorce.

It said, "As a result of consent terms/settlement agreement filed alongwith this application, all proceedings between the parties are disposed of on the terms and conditions stated in the consent terms/settlement agreement dated 09.05.2019. The same is taken on record."

 It also disposed off the divorce petiton before the Family Court under under Section 13-B of the Hindu Marriage Act.

Along, it quashed the cases launched under Sections 498A & 34 of IPC, Sections 3 & 4 of the Dowry Prohibition Act and Sections 12, 18, 19, 21 & 23 of the Protection of Women from Domestic Violence Act, 2005 by the wife.

The order has been passed by Justice A.M. KHANWILKAR and Justice DINESH MAHESHWARI 

Read Order Here: 

 

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