Court’s Decision
The Supreme Court, exercising its plenary powers under Article 142 of the Constitution of India, dissolved the marriage between the parties and directed comprehensive settlement of all civil and criminal litigations pending between them. The Court quashed over a dozen pending proceedings and issued binding directions on child custody, visitation rights, waiver of maintenance, property transfer, and publication of a public apology to bring finality to an acrimonious matrimonial dispute. The judgment emphasized healing and closure, stating, “However dark the past may be, it cannot hold the future captive.”
Facts
The parties were married on 5 December 2015 in Delhi, and a daughter was born from the wedlock in December 2016. Due to matrimonial discord, the couple separated on 4 October 2018 and initiated multiple litigations against each other and their families in different courts across Delhi and Uttar Pradesh. The wife filed several criminal complaints including under Sections 498A, 376, 307, 377, 406 IPC and the Dowry Prohibition Act, while the husband responded with FIRs, defamation cases, and custody proceedings. Given the staggering number of cross-litigations — criminal, civil, and quasi-judicial — both parties eventually expressed willingness to amicably settle all disputes and terminate their legal battles.
Issues
- Whether the Supreme Court could invoke Article 142 to dissolve the marriage and settle all pending litigations between the parties.
- Whether custody and visitation arrangements for the minor child could be finalised.
- Whether criminal proceedings and adverse findings could be quashed as part of a comprehensive settlement.
- Whether the property transfer and future non-interference clauses were enforceable and warranted.
Petitioner’s Arguments
The wife, through senior counsel, urged the Court to transfer the husband’s divorce petition from Rohini Family Court, Delhi, to the Family Court in Hapur. She sought custody of the minor daughter, waiver of maintenance, and resolution of all cases by mutual settlement. The petitioner also offered to unconditionally transfer a piece of agricultural land in Aligarh District to the husband and agreed to publish an apology to his family, despite denying wrongdoing.
Respondent’s Arguments
The husband, represented by senior counsel, filed counter-transfer petitions seeking to transfer the wife’s criminal complaints from Hapur to Delhi. He also prayed for quashing of multiple proceedings initiated by the wife and her family. He accepted the custody arrangement favouring the wife but sought structured visitation rights. He insisted on safeguards against misuse of authority by the wife, an IPS officer, and sought expunging of adverse remarks from prior High Court orders.
Analysis of the Law
The Court applied Article 142 of the Constitution, enabling it to pass orders to do “complete justice.” It examined the scope of this extraordinary jurisdiction to override technical impediments and bring an end to protracted litigation that adversely affected the families and the minor child involved. The Court recognised the need to balance enforcement of law with the practicalities of human relationships and healing, especially in matrimonial matters involving children.
Precedent Analysis
The Court did not explicitly rely on previous judgments in dissolving the marriage under Article 142, but referenced the impugned Allahabad High Court decision dated 13.06.2022 in Criminal Revision No. 1126 of 2022, which had issued guidelines on Family Welfare Committees for checking misuse of Section 498A IPC. The Supreme Court clarified that while it was setting aside adverse findings against the wife from that order, the guidelines framed by the High Court (Paras 32–38) would continue to remain in effect for general application.
Court’s Reasoning
The Court noted the extraordinary number of cross-litigations and the emotional toll it had taken on both parties. Given that both sides had mutually agreed to dissolve the marriage and quash the litigations, it held that “the ends of justice” would be best served through a comprehensive settlement. The Court found that the custody of the daughter had remained with the wife since 2018 and ordered it to continue, with structured visitation to the father. It took note of the wife’s undertaking to bear all child-related expenses and to waive alimony and maintenance claims.
It further accepted the agreement for a property transfer from the wife’s mother to the husband, directing all execution steps, including a gift deed and resolution of pending civil cases. The Court also directed that a detailed public apology be published by the wife and her family across newspapers and social media to bring moral closure. However, it clarified that such an apology would not be treated as an admission of guilt and could not be used against her in any legal or professional context.
The Court also ordered deletion of defamatory content online, prohibited future litigation, and declared any breach of these undertakings would amount to contempt.
Conclusion
Invoking Article 142, the Supreme Court dissolved the marriage and quashed all pending criminal and civil proceedings between the parties and their families across jurisdictions. It also settled issues of custody, maintenance, and property transfer and barred any future litigation arising from the matrimonial dispute. The judgment is a sweeping closure to a bitter legal war and paves the way for healing and co-parenting. The Court’s direction that “neither party shall create any hindrance in visitation rights” underscores its child-centric approach and commitment to peace.
Implications
- Sets a powerful precedent for invoking Article 142 in bitter matrimonial disputes involving multiple litigations and prolonged animosity.
- Demonstrates that structured settlement, mutual withdrawal of litigation, and sincere apologies can bring healing.
- Reinforces child-centric custody and visitation models even amid contentious divorces.
- Emphasizes the misuse of legal machinery and safeguards judicial economy by closing several unnecessary proceedings.
- Underscores the Court’s willingness to protect individuals from future vendetta or misuse of state power by either party.
Cases Referred
The Supreme Court expunged adverse remarks against the wife in this judgment but upheld the general guidelines laid down for constitution of Family Welfare Committees for safeguarding against misuse of Section 498A IPC. These guidelines (Paras 32–38) will continue to apply.
FAQs
1. Can the Supreme Court dissolve a marriage directly under Article 142 without a family court decree?
Yes. The Supreme Court can invoke its plenary powers under Article 142 of the Constitution to dissolve a marriage and pass orders to do complete justice, especially in cases involving comprehensive settlements.
2. Is a wife allowed to waive maintenance for herself and the child?
While the wife can waive maintenance for herself, waiver of child maintenance is subject to judicial scrutiny. In this case, the mother undertook full responsibility for the child, and the Court quashed the existing maintenance order.
3. Can civil and criminal cases across jurisdictions be quashed through mutual settlement?
Yes. The Supreme Court exercised powers to quash all civil and criminal cases in various courts across India when both parties agreed, including complaints filed by third parties incidental to the matrimonial dispute.
