SC Invokes Article 142 to Dissolve Marriage, Closes 20 Cases Between Husband and Wife

The Supreme Court recently dissolved the marriage between a couple embroiled in multiple civil and criminal litigations, invoking its extraordinary powers under Article 142 of the Constitution after recording a comprehensive settlement between the parties.

A Bench of Justices Ahsanuddin Amanullah and K. Vinod Chandran allowed a criminal appeal filed by Baburam Gautam and others, directing that all cases arising from the matrimonial dispute be closed upon production of a certified copy of its order before the respective courts and authorities.

The appeal arose from the rejection of a petition under Section 482 of the Code of Criminal Procedure, through which the appellants had sought quashing of criminal proceedings stemming from a 2023 FIR registered at Mahila Thana, Mathura. The FIR had led to a criminal case pending before the civil judge (junior division) and judicial magistrate at Mathura.

When the matter was earlier taken up by the Supreme Court, the parties informed the court that they had settled their disputes amicably and sought time to place the terms of settlement on record. Subsequently, the husband and wife appeared before the Bench and filed a joint application invoking Article 142 of the Constitution, seeking dissolution of marriage by mutual consent.

As per the settlement, the husband agreed to pay a total sum of Rs 30 lakh to the wife towards full and final settlement of all claims arising out of the matrimonial relationship. Court was informed that demand drafts amounting to Rs 30 lakh had been handed over to the wife’s counsel, including a revalidated draft of Rs 15 lakh which had earlier been returned in terms of an interim settlement.

The parties further agreed to live separately and dissolve their marriage under Section 13B of the Hindu Marriage Act, 1955. In addition, they undertook to withdraw or not pursue all civil and criminal cases filed by them against each other or against their respective family members.

The record before the court reflected extensive litigation between the parties across several forums. These included criminal cases and matrimonial proceedings pending before family courts and magistrate courts in Mathura and Bareilly, petitions pending before the Allahabad High Court, proceedings before courts in Shahjahanpur and Lucknow, and a complaint filed before the Bar Council of Uttar Pradesh. The settlement covered all such proceedings, irrespective of the forum in which they were pending.

The parties also undertook to remove all photographs and videos relating to each other and their family members from social media platforms. They assured the court that no such content would be uploaded or circulated in future, particularly material relating to their strained matrimonial relationship.

Recording the undertakings, the bench observed that the marriage between the parties had irretrievably broken down. Taking note of the settlement and the fact that the parties had resolved all their disputes, the court held that the continuation of proceedings would serve no purpose.

Invoking its powers under Article 142 of the Constitution, the Supreme Court dissolved the marriage between the husband and wife under Section 13B of the Hindu Marriage Act. The Registry was directed to draw up a decree of dissolution for issuance to the parties.

The appeal was allowed with these directions, and all pending applications were disposed of.

Case Title: Baburam Gautam & Ors vs State of Uttar Pradesh and Another

Bench: Justices Ahsanuddin Amanullah and K Vinod Chandran