In a groundbreaking judgment, the Supreme Court of India has invoked its extraordinary powers under Article 142 to facilitate an amicable settlement in a Transfer Petition. The case, involving a matrimonial dispute between Husband and Wife, was decided by a bench comprising Justice Surya Kant and Justice K.V. Viswanathan on July 26, 2024.
The parties agreed to a mutual divorce, with the mother retaining custody of their daughter, while the father was granted visitation rights and ordered to provide maintenance for the child. Notably, the court also directed the withdrawal of all legal proceedings between the parties, showcasing a progressive approach to dispute resolution.
This decision marks a significant use of the Supreme Court’s powers under Article 142, allowing the court to pass orders necessary for delivering complete justice. The case, originally adjudicated by the High Court of Karnataka, underscores the judiciary’s evolving role in promoting harmony and reducing litigation burdens.
The petitioner, husband was represented by Senior Advocate Ms. Minakshi Arora, with Advocates Dipesh Sharma, Sushant Singhal, and Manichardra Jain. The respondent, Wife was represented by Rajesh Gulab Inamdar, AoR along with Advocates Shashwat Anand, Siddhant Singh, and Abhyudaya Bajpai.
Also Read
The court has directed the parties to file a joint application, formalizing their agreement under Article 142, with the next hearing scheduled for September 17, 2024. This ruling highlights the Supreme Court’s commitment to enabling amicable resolutions and upholding the principles of justice.
