Supreme Court Bench of Justice JB Pardiwala and Justice KV Viswanathan grants rare alimony-free mutual consent divorce, appreciating the wife’s gesture of seeking no maintenance or permanent alimony.
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Supreme Court of India praises wife in rare alimony-free divorce settlement in Supreme Court case .
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Case Name
[Name Withheld] v. [Name Withheld] – Mutual Consent Divorce Proceedings
Case Overview
The Supreme Court of India, through a Bench comprising Justice JB Pardiwala and Justice KV Viswanathan, granted a divorce by mutual consent under Article 142 after commending the wife for seeking no maintenance, permanent alimony or financial claim . The parties had earlier been directed to the Supreme Court Mediation Centre, where the settlement was successfully achieved . As part of the amicable resolution, the wife even returned gold bangles gifted during the marriage, which originally belonged to the husband’s mother . The Bench described the matter as “one of the rare cases” in modern divorce cases where the wife sought nothing from the husband .
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Key Aspects
Before examining the legal issues, it is essential to recognise that the dispute was resolved through voluntary and cordial settlement . The Court focused on ensuring fairness rather than adversarial adjudication .
- Couple opted for divorce by mutual consent after mediation .
- Wife demanded no maintenance or permanent alimony .
- Gold bangles gifted during marriage were voluntarily returned .
- No contested facts, allegations or financial disputes remained .
Legal Insights
This section highlights the constitutional and statutory provisions applied by the Court to dissolve the marriage smoothly .
- Article 142, Constitution of India – Empowered the Court to dissolve the marriage to do “complete justice.”
- Section 13B, Hindu Marriage Act, 1955 – Governs divorce by mutual consent .
- Section 25, Hindu Marriage Act – Provides for maintenance and permanent alimony, waived voluntarily here .
- Mediation principles – Court relied on mediated settlement for final order.
Court’s Verdict
The Supreme Court granted the divorce, appreciating the wife’s “rare and kind gesture” of demanding nothing . The Bench encouraged her to move forward positively, stating, “Forget the past. Live a happy life.” The Court acknowledged the maturity shown by both parties and commended the mediator and counsel for facilitating an amicable conclusion .
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Read also-Constitution of India
Source-Supreme Court of India
