The Bombay High Court has directed the cancellation of a couple’s marriage registration in Goa after recording a comprehensive settlement that recognises their January 2019 divorce decree issued by a US court. The agreement, reached following nearly a year of mediation, requires the husband to pay ₹35 lakh to his former wife as a full and final settlement of her past, present and future maintenance and alimony claims.
A Division Bench of Justice Bharati Dangre and Justice Ashish S. Chavan, in its October 16 order, recorded the consent terms resolving disputes concerning maintenance, child custody, property and legal proceedings initiated by the parties in India and the United States.
The Court directed the civil registration authorities in Goa to make the necessary endorsement cancelling the marriage registration upon presentation of the High Court’s decree based on the agreed settlement terms.
₹35 Lakh Settlement and Child Custody Arrangements
Under the agreement, the husband will pay ₹35 lakh towards the wife’s maintenance and alimony claims covering all periods, including future obligations. The wife has agreed not to seek any additional amount beyond the agreed sum.
The settlement also grants permanent sole custody of the couple’s two children to their mother, while preserving the father’s right of access. Separate arrangements concerning the children’s maintenance have also been incorporated into the consent terms.
The High Court recorded that the husband had handed over the children’s US passports and Overseas Citizen of India (OCI) cards.
The parties additionally resolved their property-related disputes through the settlement.
Another significant condition concerns the numerous legal proceedings initiated during their matrimonial dispute. Both parties agreed that complaints, cases, reports and grievances previously lodged before courts, police stations, authorities or other forums in India and the United States would stand annulled and cease to have effect following the High Court’s order.
Dispute Involving Divorce Proceedings in India and US
The couple married in 2011 and registered their marriage in Goa. They subsequently lived in the United States and had two children.
Their relationship deteriorated after they returned to India in 2017. According to the proceedings, the wife allegedly declined to accompany her husband, following which their differences intensified.
The wife subsequently initiated divorce proceedings before the Family Court in Pune. The husband, meanwhile, approached the Superior Court of Los Angeles in the United States seeking dissolution of the marriage.
The wife also filed an anti-suit injunction in 2017. The dispute resulted in multiple applications, affidavits and counter-affidavits filed by the parties.
In January 2019, the US court granted a decree dissolving their marriage.
The matter subsequently reached the Bombay High Court, which referred the parties to mediation in an effort to resolve their outstanding disputes.
Nearly One Year of Mediation Ends Litigation
The mediation proceedings continued for almost a year before the parties reached an agreement addressing their matrimonial, financial and parental disputes.
The consent terms were placed before the High Court by the husband, who appeared in person, and advocate Sarwate, representing the wife.
After examining the agreement, the Bench recorded that both parties had accepted the binding effect of the divorce decree passed by the US court in January 2019.
The Court consequently directed the civil registration office in Goa to cancel the existing marriage registration after the husband presents the High Court’s decree reflecting the consent terms.
High Court Appreciates Mediator’s Efforts
The Bench also acknowledged the contribution of advocate Uma Pandit, who conducted the mediation proceedings.
Recognising the extensive deliberations that led to the resolution of the prolonged dispute, the Court directed the legal services authority and the main mediation centre to forward a copy of its order so that a letter of appreciation could be issued to the mediator.
The October 16 order brings the parties’ outstanding disputes to a close through the agreed terms, including recognition of the US divorce decree, settlement of financial claims, arrangements for the children and resolution of pending complaints and proceedings.
