Why don’t give a second chance to marriage? Supreme Court asks couple
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New Delhi: The Supreme Court asked a couple seeking divorce why they did not give a second chance to marriage, as they were unable to devote time to their union.
A bench of Justices K M Joseph and B V Nagarathna said, "Where is the time for marriage. Both of you are software engineers posted in Bengaluru. One goes to duty in the day and the other in the night. You have no regret for divorce but have regret for marriage. Why don't you give a second chance to the marriage." Justice Nagarathna said that Bengaluru is not a place where divorces take place so frequently and the couple may give a chance towards their union.
However, the counsels for both the husband and wife told the bench that during the pendency of this petition, the parties were referred to the Supreme Court Mediation Centre in order to explore the possibility of a settlement between them.
The bench was informed that both husband and wife have agreed upon a settlement agreement in which they have decided to dissolve their marriage by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on certain terms and conditions.
The counsels informed the bench that one of the terms being that the husband would pay a total sum of ₹ 12.51 lakh towards a full and final settlement of all monetary claims of the wife as a permanent alimony.
The bench noted in its order dated April 18, "When queried by this Court, the parties stated that they have indeed agreed to settle their disputes amicably by parting ways and seeking divorce by mutual consent. They also state that the terms of settlement would be adhered to by them and hence the marriage may be dissolved by a decree of divorce by mutual consent."
The bench added that in the circumstances, "we have taken on record the settlement agreement as well as the application filed under Article 142 of the Constitution. We have perused the same. On perusal, we find that the terms of the settlement agreements are lawful and there is no legal impediment for accepting the terms of settlement".
It also took on record that the husband paid a total sum of ₹ 12,51,000 to the petitioner-wife who has acknowledged the receipt of the demand drafts.
"In the circumstances, we exercise our power under Article 142 of the Constitution and dissolve the marriage between the parties by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955," the top court said.
It also quashed various other proceedings lodged by husband and wife in Rajasthan and Lucknow under the Dowry Prohibition Act, domestic violence Act and other connected cases.
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