The Supreme Court dissolved a couple’s marriage by mutual consent, urging them to shed egos and focus on their daughter’s well-being. The husband will pay Rs 50,000 monthly for the child’s upkeep.
New Delhi: On August 20, the Supreme Court of India dissolved the marriage of a couple and advised them to take proper care of their minor daughter, stressing that their personal differences and egos should no longer come in the way of parenting responsibilities.
A bench of Justices B V Nagarathna and R Mahadevan gave this direction after both husband and wife jointly requested for a divorce by mutual consent.
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The judges made it clear that they were not happy to grant divorces, but since the couple had reached a settlement after long negotiations, the marriage could be dissolved under law.
While hearing the case, Justice Nagarathna told the estranged couple,
“There should be no ego now. Now, there is no marriage. There is ego in marriage. Once there is no marriage, the ego should vanish. Now look after the child.”
The matter had come before the top court after the woman challenged an interim order of the Bombay High Court.
During the pendency of the appeal, lawyers for both sides informed the court that several rounds of talks had taken place, and finally the parties agreed to end the marriage peacefully through mutual consent on certain terms and conditions.
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One of the most important aspects in the settlement was related to the custody of the child. As per the joint application, custody of the minor daughter will remain with the mother, while the father will have visitation rights.
It was also recorded that the man will provide Rs 50,000 every month towards the maintenance of his daughter.
The settlement was filed under Article 142 of the Constitution of India, which gives the Supreme Court the power to pass any order necessary to ensure “complete justice” in any case, along with Section 13B of the Hindu Marriage Act, 1955, which allows couples to obtain divorce by mutual consent.
Placing their statements on record, the bench observed,
“The parties are present before this court. When queried by this court, the parties stated that they have indeed arrived at a resolution of all their disputes and have decided to part ways by seeking dissolution of their marriage by a decree of divorce by mutual consent.”
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The court further noted that both husband and wife assured they would follow the terms of the settlement without fail. Referring to the agreement, the bench said,
“On perusal of the aforesaid terms of settlement, we find they are lawful and there is no legal impediment in accepting the same. Consequently, we accept the terms of settlement arrived at between the parties.”
Finally, while disposing of the appeal, the Supreme Court declared that the marriage should stand dissolved by a decree of divorce by mutual consent, bringing the long dispute between the two sides to an end.
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