Voluntary matrimonial settlement: SC waived the waiting period, granted mutual consent divorce, and gave effect to connected criminal compromise.

Where spouses voluntarily settled all matrimonial and connected disputes, the SC exercised jurisdiction under Articles 136 and 142 to accept the compromise, waive the statutory waiting period, and grant a decree of divorce by mutual consent. The settlement covered custody, maintenance, property, business affairs, and other inter se claims, and was found to be in the interest of the parties and minor children. The Court also gave effect to the settlement in the collateral criminal proceedings, directing that the specified criminal case be treated as dismissed in terms of the compromise. The matrimonial conflict was thereby brought to a complete close through acceptance of the settlement and disposal of the related proceedings.

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Issues: (i) Whether the settlement between the spouses could be accepted and a decree of divorce by mutual consent could be granted in exercise of jurisdiction under Articles 136 and 142 of the Constitution of India; (ii) Whether the connected criminal proceedings were liable to be given effect to in terms of the settlement.

Issue (i): Whether the settlement between the spouses could be accepted and a decree of divorce by mutual consent could be granted in exercise of jurisdiction under Articles 136 and 142 of the Constitution of India.

Analysis: The parties appeared before the Court and affirmed that the memorandum of settlement was entered into voluntarily and without coercion. The settlement resolved the ancillary disputes concerning custody, maintenance, property, assets, business affairs, and other claims inter se. The Court found the settlement to be in the interest of the parties and the minor children and considered the case fit for exercise of jurisdiction to bring the matrimonial dispute to a close. The statutory waiting period was waived, and the Court proceeded to grant relief under the matrimonial law framework.

Conclusion: The settlement was accepted, the statutory period was waived, and a decree of divorce by mutual consent was granted in favour of the parties.

Issue (ii): Whether the connected criminal proceedings were liable to be given effect to in terms of the settlement.

Analysis: The settlement expressly provided for withdrawal of pending complaints and related litigation and contemplated compounding of the criminal case under Section 498A. The Court gave effect to the settlement and directed that the specified criminal case be treated as dismissed, thereby ending the collateral criminal dispute arising from the matrimonial discord.

Conclusion: The connected criminal case was treated as dismissed in terms of the settlement.

Final Conclusion: The matrimonial dispute was finally resolved by acceptance of the settlement, dissolution of the marriage by mutual consent, and disposal of the connected criminal and civil proceedings.

Ratio Decidendi: Where spouses have voluntarily settled all disputes and appear before the Court, the Court may exercise powers under Articles 136 and 142 of the Constitution of India to accept the settlement, waive the statutory waiting period, and grant a decree of divorce by mutual consent to do complete justice between the parties.

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