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Synopsis

The Supreme Court has closed proceedings in as many as 17 cases initiated against each other by a couple after their relationship turned bitter within no time of marriage in 2020, by advising them to part ways and start a new life as failure of marriage is not the end of the world.

A bench of Justices J B Pardiwala and R Mahadevan dissolved the marriage between the parties in exercise of jurisdiction under Article 142 of the Constitution.

The court was dealing with a batch of transfer petitions filed under Section 25 of the Civil Procedure Code, wherein the wife sought shifting of the proceedings in three cases from courts in Ahmednagar in Maharashtra to Khrogone in Madhya Pradesh.

Having gone through the facts of the matter, the bench said, "This is one of those unfortunate litigations wherein within one year of marriage, the wife had to leave her matrimonial home as according to her, she was being incessantly harassed by her husband and also her in-laws."

The court noted the marriage between the parties was solemnised on May 8, 2020.

Within no time, the marriage got into trouble. The wife had to leave her matrimonial home and since then she has been residing at her parental home.

"The relations must have gone so sour that as many as 17 different proceedings have been instituted by the parties against each other including criminal prosecutions as usual," the court said.

The bench also noted, fortunately, no child is born in the wedlock.

When the matters were taken up for hearing, the bench suggested to both the counsel appearing for the parties that there is no point in contesting all these litigations, as these litigations will go on for years and years together.

"The parties are young. They must look ahead towards their future. If the marriage has failed, that is not the end of the life for both. They must look ahead and start a new life," the court advised them.

In such circumstances, both the counsel appearing for the parties urged the court to invoke its jurisdiction under Article 142 of the Constitution of India and dissolve the marriage.

"The marriage between the parties is ordered to be dissolved in exercise of our jurisdiction under Article 142 of the Constitution," the bench said.

The court was provided with a list of cases filed against each other, including criminal proceedings related to offences Sections 498A, 506 and 34 of IPC, maintenance under Section 125 CrPC, under Section 125(3) CrPC for compliance of non payment, plea under Section 12 of the Domestic Violence Act, petition under Section 13 of the Hindu Marriage Act.

Besides, cases were filed alleging bias against the presiding judge, quashing plea before the Madhya Pradesh High Court, husband's petition under Section 12 of the Hindu marriage Act for declaring marriage as null and void, mother- in- law's plea under Section 12 of the Domestic Violence Act, suit for damages against wife and police officers handling case under Section 498A IPC, plea by husband under Sections 340 and 195 CrPC, plea by father in-law under Section 195 CrPC, amongst others.

After dissolving the marriage, the court terminated all the pending proceedings between the parties, including any other proceedings not included in the list.

"The parties are requested to now live peacefully and proceed further in life. It is understood that none of the parties shall raise any other claims in future," the bench said, disposing of the three transfer petitions.

The counsel appearing for the father-in-law pointed out that in the suit instituted by him, he has paid court fees of about Rs 60,000, which should be ordered to be refunded.

The bench, however, said, "It is not possible for us to order refund. We do not know at what stage the suit is. It all depends at what stage the suit is so that the court concerned can order refund of it. However, we keep it open for the father-in-law to apply before the civil court concerned for refund of the court fees."