| |
CDJ 2026 SC 516
|
| Court : Supreme Court of India |
| Case No : IA No. 86552 of 2026 In Transfer Petition (Crl.) No. 831 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE SANJAY KAROL & THE HONOURABLE MR. JUSTICE AUGUSTINE GEORGE MASIH |
| Parties : Jyoti Kumari Versus The State of Rajasthan & Others |
| Appearing Advocates : For the Petitioner: ------ For the Respondent: ----- |
| Date of Judgment : 19-03-2026 |
| Head Note :- |
Subject
|
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 142 of the Constitution of India
- Sections 498A, 323, 406 IPC
- Section 67 of the Information Technology Act, 2000
- Section 120-B of the Indian Penal Code
- Sections 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005
- Section 125 of the Code of Criminal Procedure, 1973
2. Catch Words:
- Divorce by mutual consent
- Dissolution of marriage
- Settlement agreement
- Closure of pending cases
- Contempt proceedings
3. Summary:
The Court entertained I.A. No. 86552 of 2026 filed under Article 142 for a mutual consent divorce. Both parties, represented by counsel, confirmed that all disputes were amicably resolved and agreed to the terms of the Joint Application dated 18.03.2026. The husband deposited Rs. 11,90,000 as per the settlement. The Court ordered the dissolution of the marriage by mutual consent, closure of all pending criminal, civil, and family law proceedings listed, and directed that the Joint Application be made part of the order. A decree of divorce was to be drawn up, and the parties were warned of contempt for breach. The Registry was instructed to forward the order to the concerned courts.
4. Conclusion:
Petition Allowed |
| Judgment :- |
|
1. I.A. No. 86552 of 2026 has been jointly filed by the parties seeking appropriate directions under Article 142 of the Constitution of India for dissolving their marriage as per the terms of the Joint Application 18.03.2026.
2. Mr. Atin Handuja, learned counsel appearing on behalf of Mr. Ashish Pandey, learned Advocate-on-Record, who is indisposed and not in a position to attend the Court today.
3. The parties, who are present in this Court, are duly identified by their respective counsel.
4. Learned counsel for the parties submitted that all the disputes and differences between the parties have been amicably resolved, and the parties have decided to part ways on certain terms and conditions. Accordingly, appropriate and necessary orders may be passed in accordance therewith.
5. We appreciate the efforts put in by Ms. Juhi Jaiswal, learned Amicus Curiae, and also the learned counsel for the parties in helping the parties arrive at an amicable settlement.
6. Learned counsel for respondent No.2(husband) has handed over a demand draft of Rs.11,90,000/- (Eleven Lakh Ninety Thousand) to the learned counsel for petitioner(wife), in Court, in terms of the Joint Application.
7. It is further agreed between the parties that, as per paragraph No. 5 of the Joint Application, the cases mentioned therein, as described below, shall stand closed:
(a) Case No. 532/2024 titled as "State vs. Sachin Kumar and Ors." arising out of FIR No. 0336/2022 dated 18.05.2022, registered under Sections 498A, 323, 406 IPC, at Police Station Kotputli, District Jaipur Rural, Rajasthan, pending before the Learned ACGM No.l, Kotputli, Rajasthan;
(b) Case No. CHI/736/2022 arising from FIR No.0030/2022 dated 13.06.2022, registered under Section 67 of the Information Technology Act, 2000 and Section 120-B of the Indian Penal Code, at Women Police Station Narnaul, District Mahendragarh, Haryana, and all proceedings arising therefrom;
(c) Domestic Violence Petition titled as "Jyoti Kumari vs. Sachin Kumar and Ors." filed under Sections 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005, pending before the Learned Chief Judicial Magistrate, Narnaul, Haryana bearing no. COMA/57/2022;
(d) Maintenance Petition titled as "Jyoti Kumari vs. Sachin Kumar" filed under Section 125 of the Code of Criminal Procedure, 1973, pending before the Learned Principal Judge, Family Court, Narnaul, Haryana bearing case no. MNT125/77/2022;
(e) CRR(F)-1441-2023 (O&M) Sachin Kumar Vs. Jyoti Kumari Pending before Hon'ble High Court of Punjab & Haryan ata Chandigarh.
8. In view of the above, the following directions are issued:
i) The marriage solemnized on 11.12.2021 between the wife (Jyoti Kumari) and the husband (Sachin Kumar) is hereby dissolved by a decree of divorce by mutual consent, the marriage having broken down irretrievably;
ii) All the legal proceedings pending inter se the parties, as indicated above (paragraph no.7 herein), shall stand closed;
iii) Decree be drawn up accordingly;
iv) It goes without saying that both parties will continue to abide by the terms of the Settlement Agreement without any exception;
v) Registry is directed to forward a copy of this order to the foras/courts concerned for passing formal orders closing the cases;
vi) The Joint Application dated 18.03.2026 is made part of this order, and its terms are binding upon the parties. Parties undertake to abide by the same; and
vii) Parties, through their learned counsel present in the Court, have been made aware of the consequences of breach of such terms, including the initiation of contempt proceedings.
9. In view of the above facts, I.A. No.86552 of 2026 is allowed and the Transfer Petition stands disposed of.
10. Pending application(s), if any, shall stand disposed of.
|
| |