Lopamudra Biswas vs Dr. Manabendra Baidya

This is a transfer petition at the instance of the petitioner-wife seeking transfer of Divorce Petition No.957 of 2016, titled as Dr. Manabendra Baidya vs. Smt. Lopamudra Biswas, pending adjudication before the Court of Principal Judge, Family Court, Varanasi, Uttar Pradesh to the Court of District Judge, Barasat, North 24 Parganas, West Bengal.

When the matter was taken up for hearing on 19.08.2019, learned counsel for the parties indicated that their clients were inclined to explore the possibility of an amicable settlement of the dispute if the matter was referred to the Supreme Court Mediation Centre. Accordingly, the parties were directed to appear before the  Supreme  Court  Mediation  Centre  on  19.09.2019  at  11.00 a.m.

Pursuant to the said order, Mediation Report has been received from the Supreme Court Mediation Centre along with Settlement Agreement dated 19.09.2019 duly signed by the parties in which it has been mentioned that the parties have arrived at an amicable mutual settlement on the terms and conditions mentioned therein for divorce by mutual consent. As per the terms and conditions, the parties have agreed to legally separate and obtain a decree of divorce by mutual consent annulling the marriage solemnized on 07.12.2014 and further the respondent-husband will pay an amount of Rs.13,00,000/- (Rupees thirteen lakhs only), on or before 30.09.2019, by way of demand draft to the petitioner-wife as a full and final settlement towards respondent's stridhan, permanent alimony, maintenance, past, present, future and any other claims whether criminal or civil in nature.

It is brought to our notice by the learned counsel for the respondent that an amount of Rs.13,00,000/- (Rupees thirteen lakhs only) has been paid by the respondent-husband to the petitioner-wife through RTGS. The petitioner-wife has also acknowledged that she has received the said amount.

Learned counsel for the petitioner has also filed an application (I.A.No.145844/2019) praying for grant of divorce to the parties in terms of the mediation proceedings/report dated 19.09.2019 by invoking jurisdiction under Article 142 of the Constitution.

Learned counsel for the petitioner relied upon the judgments rendered by this Court in Aditi Wadhera vs. Vivek Kumar Wadhera, (2017) 11 SCC 241, Anu Bhandari vs. Pradip Bhandari, (2018) 6 SCC 389 and G.N.Subramanya Upadhyaya vs. Soumya M. Hegde, (2018) 12 SCC 608 wherein this Court has granted divorce by invoking jurisdiction under Article 142 of the Constitution.

The parties are also personally present before this Court today. We tried to interact with the parties to find out whether they really want to take divorce or stay together. In our interaction with the parties, we find that both of them are very adamant and they are not inclined to re-consider their decision to take divorce and prayed the Court to allow the above-mentioned application.

Taking into consideration the long pendency of the dispute as also the age of the parties, who are very young, we are of the view that it is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent in terms of the Settlement Agreement dated 19.09.2019, as the marriage between the parties has irretrievably broken down and it is not possible for the parties to unite.

In view of the above, we have no other option but to allow I.A.No.145844/2019 in terms of the prayer made by invoking our jurisdiction under Article 142 of the Constitution of India. Accordingly, the application is allowed and a decree of divorce by mutual consent is passed by invoking our jurisdiction under Article 142 of the Constitution. The terms of Settlement Agreement dated 19.09.2019 will form part of the decree.

The transfer petition is disposed of in terms of the Settlement Agreement dated 19.09.2019.

As a sequel to the above, pending interlocutory applications also stand disposed of.

The parties are directed to abide by the terms of

Settlement Agreement dated 19.09.2019 in its letter and spirit.