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Swati Verma (Smt) v. Rajan Verma And Others
Factual and Procedural Background
Swati Verma (petitioner) married Rajan Verma (Respondent 1) on 30 June 2001 in Delhi according to Hindu rites. Shortly after the marriage, the petitioner alleged ill-treatment by her husband, mother-in-law, and sister-in-law. On 17 September 2001 she was left at her widowed mother’s residence, after which Respondent 1 allegedly ceased contact.
On 8 April 2002 the petitioner lodged an FIR at Police Station NOIDA, Sector 20, for offences under Sections 498-A and 406 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Police investigation led to a charge-sheet and cognizance by the Chief Judicial Magistrate, NOIDA, as Criminal Case No. 2832 of 2003.
The respondents sought to quash that criminal case by filing Criminal Misc. Application No. 5594 of 2003 under Section 482 CrPC in the Allahabad High Court, and also obtained interim protection from arrest through Writ Petitions Nos. 1829 and 2511 of 2003.
Meanwhile, the petitioner instituted HMA Case No. 1108 of 2002 before the Additional District & Sessions Judge, Delhi, seeking annulment of the marriage and maintenance under Section 24 of the Hindu Marriage Act.
After notice was issued in the present transfer petition, both parties executed a compromise deed dated 2 November 2003. Respondent 1 returned the petitioner’s stridhan (Annexure “A”) and delivered eight demand drafts totaling ₹6,00,000 (Annexure “B”) in full settlement of all monetary and property claims. They agreed to seek a mutual-consent divorce under Section 13-B of the Hindu Marriage Act and to terminate all pending litigation.
Pursuant to the compromise, the parties filed an application before the Supreme Court under Section 13-B of the Hindu Marriage Act and Article 142 of the Constitution, requesting dissolution of their marriage and comprehensive disposal of all related proceedings.
Legal Issues Presented
- Whether the Supreme Court should exercise its extraordinary power under Article 142 of the Constitution to dissolve the marriage by mutual consent under Section 13-B of the Hindu Marriage Act.
- Whether the Court should quash Criminal Case No. 2832 of 2003 and declare other pending civil and criminal proceedings between the parties infructuous in view of the compromise.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court noted that both parties had voluntarily entered into a compromise and acknowledged that the marriage had broken down irretrievably. Observing that continued litigation would serve no useful purpose and that the parties sought an amicable resolution, the Court considered it appropriate to invoke its plenary powers under Article 142 of the Constitution. Exercising this power, it:
- Accepted the compromise deed dated 2 November 2003 as genuine and voluntary.
- Granted a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act.
- Quashed Criminal Case No. 2832 of 2003 pending before the Chief Judicial Magistrate, NOIDA.
- Declared Writ Petitions Nos. 1829 and 2511 of 2003 and Criminal Misc. Application No. 5594 of 2003 in the Allahabad High Court, HMA Case No. 1108 of 2002 in the Delhi District Court, and Criminal Writ No. 1067 of 2003 in the Delhi High Court to be infructuous.
- Directed all subordinate courts to pass consequential orders consistent with its decision.
The Court emphasised that these measures were necessary to “put a quietus to all litigations between the parties” and to enable them to live peacefully henceforth.
Holding and Implications
The Supreme Court dissolved the marriage by mutual consent, quashed the pending criminal case, and rendered all other related proceedings infructuous. The transfer petition was disposed of accordingly.
Implications: The decision conclusively settles all disputes between the parties, ends ongoing criminal and civil cases, and enforces the terms of the compromise deed. The ruling is confined to the facts of this case and does not establish a broader legal precedent.
B.P Singh, J.— The petitioner in this transfer petition, Swati Verma, was married to Respondent 1 herein, Rajan Verma, at Delhi on 30-6-2001 according to Hindu rites. It appears that soon after the marriage the petitioner complained of ill-treatment by her husband, her mother-in-law and sister-in-law. On 17-9-2001 she was left at her widowed mother's house by Respondent 1 whereafter Respondent 1 took no care of her nor were his whereabouts known to the petitioner. The parties thereafter have taken recourse to criminal as well as civil proceedings to which we shall refer hereinafter. The petitioner herein lodged a report at Police Station NOIDA, Sector 20 on 8-4-2002 against the respondents herein for offences under Sections 498-A, 406 IPC and under Sections 3 and 4 of the Dowry Prohibition Act. The police after investigation has filed the charge-sheet in the said case and the learned Chief Judicial Magistrate, NOIDA, Gautam Budh Nagar has taken cognizance. The said case is registered as Criminal Case No. 2832 of 2003.
2. The respondents have filed an application under Section 482 of the Code of Criminal Procedure before the High Court of Judicature at Allahabad in Criminal Misc. Application No. 5594 of 2003 for quashing the said Criminal Case No. 2832 of 2003. It appears from the averments made in the transfer petition filed in this Court that the respondents have also moved the High Court of Judicature at Allahabad in Writ Petitions Nos. 1829 and 2511 of 2003 seeking stay of arrest in the case arising out of the FIR lodged by the petitioner herein in which interim relief has been granted to the respondents herein by orders dated 23-4-2003 and 14-5-2003.
3. The petitioner has also filed an application before the Additional District and Sessions Judge, Delhi for annulment of marriage by a decree of divorce under the Hindu Marriage Act which has been registered as HMA No. 1108 of 2002 which is pending consideration before the learned Additional District and Sessions Judge. She has also filed an application under Section 24 of the Hindu Marriage Act for maintenance.
4. It appears that after notice was issued in the transfer petition good sense has prevailed and the parties have been able to amicably settle their disputes and have decided to put a quietus to the litigations between the parties. They realise that the marriage has broken down irretrievably and therefore, it is in their interest that the marriage be annulled by a decree of divorce and all the disputes be settled between the parties.
5. A deed of compromise dated 2-11-2003 has been filed before this Court which is signed by the petitioner as well as Respondent 1 and witnessed by two witnesses. The compromise records the fact that Respondent 1 herein has returned to the petitioner all the articles constituting her stridhan as detailed in Annexure ‘A’ to the compromise deed. Respondent 1 has also agreed to pay a sum of Rs 6,00,000 (Rupees six lakhs only) to the petitioner by bank drafts towards settlement of her claim for maintenance, past and future and her remaining articles and stridhan. The particulars of eight demand drafts totalling Rs 6,00,000 have been mentioned in Annexure ‘B’ to the compromise deed which have already been handed over to the counsel for Respondent 1 in court on 5-11-2003, which we record. They have also agreed that they shall file before this Court a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. The parties have undertaken that they shall adhere to the terms of the compromise deed and shall not litigate in future and that after signing of the deed of compromise both the parties shall be left with no claim of any manner whatsoever against each other. They have also agreed that the cases mentioned in the deed of compromise be disposed of by this Court.
6. Pursuant to the compromise deed, an application has been filed before this Court under Section 13-B of the Hindu Marriage Act and under Article 142 of the Constitution praying that this Court may exercise its extraordinary jurisdiction under Article 142 of the Constitution and dissolve the marriage by a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 as amended by the Marriage Laws (Amendment) Act, 1976. The petitioner and Respondent 1 have stated in the said application that their marriage has broken down irretrievably and there is no chance of their living together, and therefore, they have mutually agreed that the marriage should be dissolved. It is further declared that mutual consent has not been obtained by force, fraud or inducement.
7. Having perused the records placed before us, we are satisfied that the marriage between the parties has broken down irretrievably and with a view to restore good relationship and to put a quietus to all litigations between the parties and not to leave any room for future litigation, so that they may live peacefully hereafter, and on the request of the parties, in exercise of the power vested in this Court under Article 142 of the Constitution of India, we allow the application for divorce by mutual consent filed before us under Section 13-B of the Hindu Marriage Act and declare that the marriage solemnized between the consenting parties on 30-6-2001 at Delhi is hereby dissolved and they are granted a decree of divorce by mutual consent.
8. In the facts and circumstances of the case and in view of the fact that the parties have prayed before this Court for the final disposal of all cases pending between the parties, we direct that all the cases shall stand disposed of in the following manner: Criminal Case No. 2832 of 2003 under Sections 498-A, 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act pending in the Court of the Chief Judicial Magistrate, NOIDA, Gautam Budh Nagar (U.P) is quashed. Accordingly, Writ Petitions Nos. 1829 and 2511 of 2003 and Criminal Misc. Application No. 5594 of 2003 arising out of the said Criminal Case No. 2832 of 2003 pending before the High Court of Judicature at Allahabad become infructuous. HMA Case No. 1108 of 2002 pending in the Court of the Additional District Judge, Delhi praying for a decree of divorce also becomes infructuous in view of the decree of divorce granted by this Court under Section 13-B of the Hindu Marriage Act. Criminal Writ No. 1067 of 2003 pending before the Hon'ble High Court of Delhi has also been rendered infructuous in view of the compromise entered into between the parties recorded by this Court. The courts concerned shall, if necessary, pass appropriate orders in the light of this order.
9. The transfer petition stands disposed of in the above terms. The compromise deed dated 2-11-2003 affirmed by the parties and filed in this Court shall form part of this order.
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