Supreme Court Invokes Article 142 to Dissolve Marriage After Wife Resiles from Mediation Agreement

Case Overview

Case Name: Trisha Singh Vs Anurag Kumar
Court: Supreme Court of India
Subject Matter: Transfer Petition — Matrimonial Proceedings — Dissolution of Marriage — Exercise of Powers under Article 142 of the Constitution of India

Background of the Dispute

The present matter originated as a transfer petition filed by the petitioner-wife, seeking relocation of a matrimonial proceeding initiated by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955. The original case — Matrimonial Case No. 2172/2022 — was pending before the 7th Principal Judge, Family Court, Varanasi, Uttar Pradesh, and the petitioner sought its transfer to the Family Court at Pune, Maharashtra.

The transfer petition was initially dismissed for want of prosecution on 26th July 2023. It was subsequently restored on 21st August 2023, and upon the request of counsel representing both sides, the matter was referred to the Supreme Court Mediation Centre to explore the possibility of an amicable resolution.

Terms of the Mediation Settlement

Following sustained mediation efforts, the parties arrived at a settlement agreement duly signed by both the petitioner-wife and the respondent-husband before Shrabani Chakrabarty, Advocate/Mediator, Supreme Court Mediation Centre, on 26th February 2024.

The key terms of the settlement were as follows:

"Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent: —

1. That the respondent husband continued to pay certain expenses voluntary to the tune of Rs.20 lakhs (Rupees twenty lakh only) from March 2020 upto October 2023 for his child to the bank account of the petitioner-wife including the period the parties were not together. Mediation took place at great length between the parties and parties want to part away taking divorce. The respondent-husband has agreed to pay full and final alimony of Rs.1 Crore 15 lakh (one crore and Fifteen lakhs only) to the petitioner-wife. The respondent husband has paid an amount of Rs.50 lakh to the petitioner wife on 22.02.2024. The remaining alimony will be paid will be as under:

(i) 50 Lakh (rupees fifty lakh) only shall be paid to the petitioner-wife on or before 31.08.2024;

(ii) The remaining alimony of Rs. 15 lakh (rupees fifteen lakh) only will be paid on or before 31.12.2024.

(iii) The gold and jewelries belonging to the petitioner-wife kept in a locker at Bank of India of Varanasi shall be taken by the petitioner within 14th to 20th March 2024. Petitioner will also collect silver items given on marriage from the respondent-husband."

Summary of Financial Commitments

The following financial arrangements were recorded under the settlement:

In addition, the settlement provided for return of the petitioner-wife's gold, jewellery, and silver articles that were retained in a Bank of India locker in Varanasi.

Wife's Subsequent Withdrawal from the Settlement