Supreme Court grants Divorce by Mutual Consent, Settling Matrimonial Dispute: Bhupender Singh vs. Reema (2018)

Date of the Judgment: 10 July 2018

Citation: Not Available

Judges: Justice Kurian Joseph and Justice Sanjay Kishan Kaul

Can a couple, after a protracted legal battle, decide to part ways amicably? The Supreme Court of India recently addressed this question in a case where the Trial Court had initially granted a divorce on grounds of cruelty. The apex court, recognizing the changed circumstances and the mutual desire of the parties, granted a divorce by mutual consent, effectively bringing an end to their matrimonial dispute. This decision highlights the Court’s willingness to facilitate amicable resolutions in family matters.

Case Background

The case involves a matrimonial dispute between Bhupender Singh (appellant/husband) and Reema (respondent/wife). The Trial Court had previously granted a decree of divorce based on the ground of cruelty. Aggrieved by the Trial Court’s decision, the respondent/wife appealed to the High Court. The High Court reversed the decree of divorce granted by the Trial Court.

The appellant/husband then approached the Supreme Court of India challenging the High Court’s decision. During the proceedings before the Supreme Court, the parties expressed their desire to settle the matter amicably. They agreed to a mutual divorce, indicating a significant shift in their positions.

Timeline

Course of Proceedings

The Trial Court initially granted a decree of divorce based on the ground of cruelty. However, the High Court reversed this decision. The appellant/husband then appealed to the Supreme Court. During the proceedings before the Supreme Court, the parties indicated their willingness to settle the matter amicably. They submitted a joint application for divorce by mutual consent.

Legal Framework

The judgment primarily deals with the procedure of granting a divorce by mutual consent. The specific legal provisions are not mentioned in the judgment, but it is understood that the court is exercising its powers under relevant provisions of the Hindu Marriage Act, 1955 to grant divorce by mutual consent.

Arguments

The primary argument was the mutual agreement of both parties to seek a divorce by mutual consent. The appellant/husband and the respondent/wife, having undergone a series of litigations, decided to settle their disputes amicably. The husband agreed to pay a sum of Rs. 8,00,000 to the wife as part of the settlement. This showed a clear intention of both parties to end the marriage and move on.

The parties submitted a joint application for divorce by mutual consent, along with separate affidavits. This demonstrated a clear and unambiguous agreement between the parties to dissolve their marriage.

Issues Framed by the Supreme Court

The Supreme Court did not frame any specific issues. The primary focus of the court was on the mutual consent of the parties to seek a divorce and to facilitate the amicable settlement.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues

Authorities

The Supreme Court did not rely on any specific case laws or legal provisions in this judgment. The decision was primarily based on the mutual consent of the parties and the need to facilitate an amicable settlement.

Judgment

What weighed in the mind of the Court?

The Court was primarily influenced by the mutual consent of the parties to settle their matrimonial dispute amicably. The fact that the parties had reached an agreement to dissolve their marriage and move on was a significant factor in the Court’s decision.

The Court noted that the parties had taken “an independent and conscious decision to have a decree of divorce by mutual consent and part as friends”. The Court also took into account the fact that the husband had paid Rs. 8,00,000 to the wife as part of the settlement. The Supreme Court observed that the parties have settled all their disputes and they shall not initiate any fresh civil or criminal proceedings against each other and their family members on account of the matrimonial disputes and the pending litigations shall be terminated appropriately.

The Court stated, “Accordingly, this appeal is allowed and the marriage between Bhupender Singh/appellant and Mrs. Reema/respondent is dissolved by a decree of divorce on mutual consent.”

The court further added, “The parties shall abide by the terms and conditions mentioned in the joint application dated 10.07.2018, which shall form part of this order.”

The Court also directed that, “Since the parties have settled all their disputes, they shall not initiate any fresh civil or criminal proceedings against each other and their family members on account of the matrimonial disputes and the pending litigations shall be terminated appropriately.”

Key Takeaways

• ✓ The Supreme Court facilitated a divorce by mutual consent, highlighting the importance of amicable settlements in matrimonial disputes.
• ✓ Parties can resolve their disputes even after a protracted legal battle.
• ✓ The Court emphasized that parties should not initiate any fresh civil or criminal proceedings against each other after a settlement.

Directions

The Supreme Court directed that the parties shall abide by the terms and conditions mentioned in the joint application dated 10.07.2018, which shall form part of the order. The Court also directed that all pending litigations between the parties shall be terminated.

Development of Law

The ratio decidendi of this case is that the Supreme Court can grant a decree of divorce by mutual consent, even after a trial court has granted a decree on the ground of cruelty. This case highlights the importance of amicable settlements and the court’s willingness to facilitate such resolutions.

Conclusion

The Supreme Court allowed the appeal and granted a decree of divorce by mutual consent to Bhupender Singh and Reema. This decision underscores the court’s role in facilitating amicable resolutions in matrimonial disputes and its recognition of the parties’ autonomy in deciding their future.