SC Grants Divorce via Amicable Settlement, Dismisses Criminal Case, and Resolves Civil Appeal and Related IAs.

The SC exercised its jurisdiction under Art. 142 to grant a decree of divorce under Sec. 13B of the Hindu Marriage Act, 1955, following an amicable settlement through a Memorandum of Settlement. The Court dismissed a pending criminal case and disposed of the Civil Appeal, SLP, and related IAs, affirming the settlement terms.

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Issues:
1. Settlement of disputes between wife and husband through Memorandum of Settlement.
2. Granting decree of divorce as mutually agreed.
3. Pending Civil Appeal between the parties.
4. Acceptance of the Memorandum of Settlement by the Supreme Court.
5. Exercise of jurisdiction under Article 142 of the Constitution of India.
6. Waiver of statutory period for divorce under Section 13B of the Hindu Marriage Act, 1955.
7. Dismissal of pending criminal case.
8. Disposal of Civil Appeal, Special Leave Petition, and Interlocutory Applications.

Analysis:

The Supreme Court heard an Interlocutory Application in a Special Leave Petition involving a husband and wife who had settled their disputes amicably through a Memorandum of Settlement. The parties sought a decree of divorce as mutually agreed and requested the Court to consider their settlement. Another Civil Appeal between the same parties was pending, and the Court directed its listing along with the Special Leave Petition and the interlocutory application.

Upon consideration of the settlement terms and payments made by the husband to the wife as per the Memorandum of Settlement, the Court directed both parties to appear personally before it. Subsequently, the parties confirmed before the Court that they voluntarily entered into the settlement without any pressure and acknowledged the corrections made in the document under their instructions.

The Memorandum of Settlement outlined various terms, including divorce by mutual consent, custody of children, property rights, financial arrangements, dissolution of partnerships, and withdrawal of complaints and litigations against each other. The Court accepted the settlement as it was deemed to be in the interest of the parties and their children.

Given the amicable settlement and agreement for marriage annulment, the Court invoked its jurisdiction under Article 142 of the Constitution of India to grant a decree of divorce under Section 13B of the Hindu Marriage Act, 1955, thereby dissolving the marriage between the parties. Additionally, a pending criminal case was treated as dismissed by the Court.

Consequently, the Civil Appeal, Special Leave Petition, and related Interlocutory Applications were disposed of by the Supreme Court, bringing closure to the legal proceedings between the parties and affirming the acceptance of their settlement terms.

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