Unfortunate Matter Where Social Fabric & Bonding Is Converted Into Distrust: SC Grants Divorce To Couple Invoking Art. 142 Of Constitution
The Supreme Court has granted a decree of divorce by mutual consent to a couple by exercising power under Article 142 of the Constitution.
While granting the decree of divorce, the bench of Justice Ajay Rastogi and Justice Bela M Trivedi observed that "This is one of the unfortunate matters where the social fabric and bonding is later converted into distrust between the parties leaving no barriers left with openended litigation which became the reason for the spouse who solemnized their marriage as per Hindu Vedic rites and customs later became the enemies of each other."
In this case, the parties had married in 2004. Two children were born out of their wedlock.
It reveals from the record that because of their ideological differences, they are living separately for sufficient long time and are in litigation instituting cases inter se against each other.
The parties entered into a settlement. In terms of the settlement, it has been jointly consented/agreed by the parties that both their children shall remain in the exclusive custody of their mother and the father shall have visitation rights.
The parties had jointly consented that the Divorce Petition pending before the Family Court, Saket, New Delhi, be transferred to the Supreme Court and they may be granted divorce by mutual consent.
Further, it was stated that they have decided to withdraw the allegations which have been levelled in the course of different proceedings initiated between the parties inter se and want to bury all their disputes and have decided to dissolve their marriage by mutual consent.
Advocate Rohit Kumar Singh represented the petitioner whereas Advocate Gurmeet Singh represented Respondent.
The Court observed that "When it has not been possible to live together and to discharge their matrimonial obligations towards each other and the parties are residing separately for sufficiently long time and have been litigating and failed to reconcile to live together, this Court finds no reason in the circumstances to prolong their agony…"
Thus the Court observed that it was one of those cases where power under Article 142 of the Constitution can be invoked.
The Court ordered that all the proceedings admittedly arising from the matrimonial dispute stand closed.
Further, the Court disposed of the petition by invoking power under Article 142 of the Constitution by granting the couple a decree of divorce by mutual consent as jointly prayed by them.
Cause Title- Miss D v. State of NCT Delhi & Anr.