The Supreme Court dissolved a marriage under Article 142 after 9 years of litigation across 3 states, marking a historic resolution through mutual consent and mediation.
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NEW DELHI: In a landmark decision, the Hon’ble Supreme Court of India, exercising its exceptional powers under Article 142 of the Constitution, dissolved a marriage by mutual consent between Ekta Bhatnagar and Ashutosh Bhatnagar, bringing an end to nearly nine years of contentious litigation spanning three states: Uttar Pradesh, Rajasthan, and West Bengal.
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Background of the Case
The marriage between the parties was solemnized on 10th February 2012 in Bikaner, Rajasthan, under Hindu rites and customs. The couple lived together until December 2015, after which serious matrimonial differences arose. They have a minor daughter, born in January 2014, who has remained in the custody of the petitioner (wife) throughout the proceedings.
Over the years, multiple legal battles ensued, including divorce proceedings initiated by the husband in Bikaner, and several criminal and maintenance proceedings filed by the wife in Bareilly, Uttar Pradesh. A Transfer Petition [Transfer Petition (Civil) No. 405/2025] was filed by the wife seeking the transfer of the divorce case to Bareilly.
Recognizing the prolonged strain and multiplicity of litigation, the Supreme Court on 15th April 2025 referred the parties to the Supreme Court Mediation Centre, setting the stage for a peaceful and structured resolution.
Mediation and Comprehensive Settlement
The mediation proceedings spanned across four sessions (both virtual and physical) and culminated in a detailed Settlement Agreement dated 18th June 2025, signed by both parties, their legal representatives, and the court-appointed mediator.
Terms of the Settlement:
- The husband agreed to pay a lump sum of Rs 16,92,000 to the wife, encompassing alimony, maintenance, streedhan, and all other financial claims.
- Transfer and handover of original LIC policy documents in the name of both the wife and the minor daughter.
- An additional amount of Rs 92,000 was provided for the continuation of LIC premium payments.
- The wife received full custody of the minor daughter, with visitation rights granted to the father once a month and weekly calls.
- All household items, jewellery (as per List-B), and an Alto car (UP25AP9491) were returned to the wife. Transport and fuel expenses were borne by the husband.
- All bank passbooks in the wife’s name were handed over.
- Both parties agreed to withdraw all ongoing cases, including:
- Divorce proceedings (Bikaner)
- Maintenance cases under CrPC Section 125
- Domestic Violence Act case
- Criminal proceedings under IPC Sections 498A, 323, 504, 506, and the Dowry Prohibition Act
- Criminal Revision and other pending litigation
Supreme Court’s Order
A Division Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan appreciated the sincere efforts of the parties and accordingly directed that the marriage stands dissolved by mutual consent by invoking the Supreme Court’s extraordinary powers under Article 142 of the Constitution.
The Registry was instructed to draw a decree in terms of the settlement, and all pending civil and criminal proceedings between the parties were declared terminated.
Furthermore, the original Settlement Agreement was ordered to be preserved as part of the official court record.
The Court noted the value of alternative dispute resolution mechanisms, particularly mediation, in resolving long-pending family disputes. The bench remarked that such consensual settlements not only reduce judicial burden but also allow parties to move forward peacefully and respectfully.
Appearance:
Respondent (husband): Advocate Divya Tripathi, represented by Tripaksha Litigation
Case Title: EKTA BHATNAGAR versus ASHUTOSH BHATNAGAR
Transfer Petition (Civil) No.405/2025
READ ORDER HERE
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