Supreme Court dissolves marriage, says ego should 'vanish'
A bench of Justices B V Nagarathna and R Mahadevan, noting it disliked granting divorces, passed the order after the parties filed a joint plea for dissolution of their marriage by mutual consent.
"There should be no ego now. Now, there is no marriage. There is ego in marriage. Once there is no marriage, the ego should vanish. Now look after the child," the bench told the estranged couple.
The top court was hearing a plea filed by the woman against an interim order passed by the Bombay High Court in the matter. The lawyers appearing for both parties said after several rounds of negotiations during the pendency of appeal, they had decided to seek dissolution of marriage by a decree of divorce by mutual consent on certain terms and conditions.
The bench noted the aspect of their child's custody and visitation rights which indicated the child's custody would remain with the mother with the rights of visitation would be with the father in line with the joint application. It came on record that the man would pay Rs 50,000 every month towards his minor daughter. The terms and conditions of settlement in the joint application filed under Article 142 of the Constitution read with section 13B of the Hindu Marriage Act, 1955. While Article 142 empowers the apex court to pass any decree or order necessary for doing "complete justice" in any cause or matter pending before it, Section 13B of the Hindu Marriage Act deals with divorce by mutual consent. "The parties are present before this court. When queried by this court, the parties stated that they have indeed arrived at a resolution of all their disputes and have decided to part ways by seeking dissolution of their marriage by a decree of divorce by mutual consent," the bench said. It noted both had stated that they would abide by the terms and conditions of the joint application. "On perusal of the aforesaid terms of settlement, we find they are lawful and there is no legal impediment in accepting the same. Consequently, we accept the terms of settlement arrived at between the parties," the bench said.
While disposing of the appeal, the top court said the marriage between them should stand dissolved by a decree of divorce by mutual consent.
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