Supreme Court Dissolves Marriage Under Article 142 After Settlement, Directs Closure Of Related Proceedings

A bench of Justices Ahsanuddin Amanullah and K. Vinod Chandran heard an appeal arising from the rejection of an application under Section 482 CrPC that sought quashing of proceedings in Criminal Case No. IX of 2024 (Case Crime No.177 of 2023) registered at Mahila Thana, Mathura. The appeal proceeded after the parties informed the Court that the matrimonial dispute between the husband and wife had been settled and they jointly sought judicial dissolution of their marriage.

The Court allowed the appeal and, exercising its jurisdiction under Article 142 of the Constitution, dissolved the marriage of the parties under Section 13B of the Hindu Marriage Act, 1955. The bench recorded the settlement terms including a lump-sum payment of Rs.30,00,000 by the third appellant to the second respondent to be effected by two demand drafts of Rs.15,00,000 each and accepted the parties’ undertaking to withdraw and not to proceed with the array of civil and criminal proceedings listed before various courts. The Court directed that the specified cases “shall be closed on the certified copy of this order being produced before the concerned court/authority” and ordered the Registry to draw up a decree for issuance to the parties. The Court, in its reasoning, observed: "The undertaking by each of the parties is recorded. It is directed that the cases/proceedings indicated in the table hereinabove shall be closed on the certified copy of this order being produced before the concerned court/authority. Considering the fact that the marriage has irretrievably broken down, we invoke the power under Article 142 of the Constitution of India to dissolve the marriage between the third appellant and the second respondent under Section 13B of the Hindu Marriage Act, 1955. The Registry shall draw up a decree for issuance to the parties."

Background: The appeal originated from an application under Section 482 CrPC seeking quashing of criminal proceedings instituted in 2023 at Mahila Thana, Mathura. When the matter initially came up before this Court, the original appellants and the parties to the matrimonial dispute informed the Court that a settlement had been reached and that certain issues required completion before compliance would be reported by a joint application. On the subsequent hearing, the husband and wife personally appeared and filed a joint application under Article 142 seeking dissolution of marriage by mutual consent.

The settlement terms, as set out in the joint application, recorded that the third appellant had issued and revalidated two demand drafts of Rs.15,00,000 each in favour of the wife, and that both parties agreed “to live separately and mutually settle to dissolve their relationship as husband and wife by filing a joint Petition under Section 13B of the Hindu Marriage Act before the appropriate court.” The parties also undertook that "all the civil and criminal cases filed by them against each other or their family members regarding present matrimonial dispute shall be withdrawn" and agreed to remove and refrain from uploading photo/video material relating to each other or family members on social media.

The Court noted the comprehensive tabulation of petitions, FIRs and other proceedings pending before various criminal and civil courts and, in view of the settlement and the finding that the marriage had irretrievably broken down, exercised its remedial power under Article 142 to grant dissolution. The Court directed that the listed proceedings stand closed upon production of a certified copy of the order before the concerned forums, permitted the Registry to draw up and issue a decree of dissolution, and disposed of the appeal and all pending applications.

Case Details: Case No.: 2025 INSC 1493; Criminal Appeal @ SLP (Crl.) No. 6653 of 2025 Case Title: Baburam Gautam and Ors. v. State of U.P. and Another Appearances: For the Petitioner(s): Not indicated in the order For the Respondent(s): Not indicated in the order