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SC Grants Mutual Consent Divorce Under Article 142, Praises Wife for Returning Gold and Waiving Alimony [Read Order]

By Samriddhi Ojha      13 December, 2025 08:39 PM      0 Comments
SC Grants Mutual Consent Divorce Under Article 142 Praises Wife for Returning Gold and Waiving Alimony

New Delhi: The Supreme Court of India, on December 11, 2025, dissolved the marriage between the petitioner and the respondent in the present case, exercising its extraordinary powers under Article 142 of the Constitution of India. The dissolution followed an amicable settlement reached by the parties before the Supreme Court Mediation Centre.

The matrimonial dispute came before the apex court through a Transfer Petition filed by the husband, seeking the transfer of the divorce petition filed by the wife from the Family Courts in Jhansi, Uttar Pradesh, to the Family Courts in Pune, Maharashtra. The Transfer Petition was referred to mediation on October 8, 2025.

A Settlement Agreement executed on November 29, 2025, was presented before the Court. The agreement outlined the terms of a mutual consent divorce, recording that the marriage, solemnised on June 30, 2021, had broken down owing to “irreconcilable differences” and that the parties had not been cohabiting since December 14, 2023.

A significant aspect of the settlement was the wife’s waiver of alimony and maintenance. As recorded in the Settlement Agreement:

“The First Party has volunteered to give up her right to ‘alimony’ in any form and ‘spousal maintenance’ from the Second Party under this Agreement. She is not, and will not, claim alimony or spousal maintenance from the Second Party either now or in the future.”

The Court, while noting the terms of the settlement, specifically acknowledged a rare gesture made by the wife. The Bench, comprising Hon’ble Mr. Justice J.B. Pardiwala and Hon’ble Mr. Justice K.V. Viswanathan, observed in its order:

“This is one of the rare settlements we have come across over a period of time wherein nothing has been demanded by the wife from her husband. On the contrary, the wife has handed over the gold bangles which were gifted to her at the time of her marriage. We are told that these bangles belong to the mother of the husband. We appreciate this kind gesture, which is very rare to be seen nowadays.”

Pursuant to the settlement, the parties agreed that the wife would relinquish her rights and interests in their joint savings account and joint safe deposit locker with HDFC Bank, Wanowrie Branch, Pune, and would execute the necessary documents for deletion of her name from these accounts within 21 days from the execution of the agreement.

The final order stated:

“In such circumstances, referred to above, we dissolve the marriage between the parties in exercise of our powers under Article 142 of the Constitution of India. All proceedings between the parties, civil and criminal, stand terminated.”

The Registry was directed to draw a decree accordingly in terms of the Settlement Agreement.

Case Details:

Case Name: Vikram v. Priya

Case No.: Transfer Petition (Civil) No. 2058 of 2025

Court: Supreme Court of India

Bench: Hon’ble Mr. Justice J.B. Pardiwala and Hon’ble Mr. Justice K.V. Viswanathan

Date of Order: December 11, 2025

Advocates for Petitioner (Vikram): Mr. Sagar Pahune Patil, AOR, and Mr. Mihir Raje, Advocate

Advocates for Respondent (Priya): Ms. Vrinda Bhandari, AOR, and Ms. Vanshita Gupta, Advocate

[Read Order]



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Samriddhi is a legal scholar currently pursuing her LL.M. in Constitutional Law at the National Law ...Read more



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