Transfer Petition – Matrimonial Dispute – Settlement During Pendency
Where a transfer petition is pending and the parties enter into a comprehensive compromise during its pendency, the Supreme Court may dispose of the transfer petition in terms of the settlement without adjudicating the transfer prayer on merits.
(Paras 1–2, concluding directions)
Mediation / Compromise – Effect
A joint application setting out the terms of compromise, filed by both parties and supported by payment made in Court, constitutes a valid basis for final disposal of matrimonial disputes and connected proceedings.
(Paras 2–3)
Muslim Personal Law – Mubaraat / Mutual Divorce
Marriage between Muslim spouses may be dissolved by mutual consent (Mubaraat) in terms of Muslim Personal Law, and such dissolution can be recognised and given effect to by the Supreme Court.
(Paras 2, operative directions)
Quashing of Criminal Proceedings – Matrimonial Disputes
Upon settlement of matrimonial disputes, criminal proceedings arising out of such matrimonial relationship, including cases under Sections 498-A IPC and the Dowry Prohibition Act, as well as proceedings under the Domestic Violence Act, may be quashed by the Supreme Court.
(Settlement table; operative directions)
Financial Settlement – Finality
Payment of a lump sum amount pursuant to mediation, acknowledged in Court, operates as full and final settlement of all matrimonial claims between the parties.
(Paras 3–4)
Settlement Agreement – Incorporation in Decree
A settlement agreement forming the basis of dissolution of marriage may be directed to be made part of the decree of divorce.
(Operative directions)
ANALYSIS (Paragraph-wise)
Paras 1–2
The Court records that the transfer petition was filed by the wife seeking transfer of a Family Court case from Assam to Telangana. During pendency, the parties entered into a compromise and filed a joint application (I.A. No. 65444 of 2023) seeking quashing of all litigations and dissolution of marriage by mutual consent (Mubaraat).
Para 3
The Court notes that a sum of ₹10 lakhs had already been paid during mediation and an additional demand draft of ₹7 lakhs was handed over in Court. The financial settlement is thus fully acknowledged on record.
Settlement Table
The order expressly identifies and lists:
a criminal case arising out of FIR under Sections 498-A IPC and Dowry Prohibition Act,
a Domestic Violence Act case, and
a subsequent FIR lodged by the husband,
all of which are directed to stand quashed in view of the settlement.
Operative Directions
The Court:
dissolves the marriage by a decree of divorce with mutual consent in terms of the settlement,
records that parties shall have no further claims against each other,
directs drawing of a decree of divorce, and
orders that the settlement agreement shall form part of the decree.
Final Paragraphs
The transfer petition and the interlocutory application are disposed of in terms of the settlement, and all pending applications stand closed.
RATIO DECIDENDI
When parties to a Muslim marriage, during the pendency of a transfer petition, arrive at a voluntary and comprehensive settlement providing for dissolution of marriage by mutual consent (Mubaraat), payment of agreed settlement amount, and quashing of all connected civil and criminal proceedings, the Supreme Court may dispose of the transfer petition in terms of such settlement, dissolve the marriage, quash the pending proceedings, and incorporate the settlement agreement into the decree to secure complete justice.
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