The Supreme Court of India recently dissolved a marriage under Article 142 of the Constitution, after the couple went through a long period of matrimonial dispute.
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In a significant ruling, the Supreme Court of India recently dissolved a marriage under Article 142 of the Constitution, after the couple went through a long period of matrimonial dispute. This case pointed out as to how irretrievable breakdown of marriage, leading to mediation, and settlement by mutual consent could lead to a just and humane resolution.
Background of the Case:-
- The couple got married on 10 February 2012 in Bikaner, Rajasthan, as per the Hindu rites. The couple cohabited till December 2015, separating after matrimonial differences arose among them.
- A daughter was born to the couple in January 2014, who stays with the petitioner (wife).
- Over the years, numerous proceedings were filed by the couple. A divorce petition was filed by the husband in Bikaner. On the other hand the wife filed various other cases related to criminal, maintenance, and other proceedings in Bareilly, Uttar Pradesh.
Mediation & Settlement
- Dated 15th April 2025, the Supreme Court referred the couple to its Mediation Centre. Numerous sessions (both virtual & physical) were held on 2 May, 14 May, 29 May, and finally physical mediation was held on 18 June 2025.
- On 18th June 2025, the a Settlement Agreement was signed by the couple, its terms included-
- They recognised an irretrievable break down of their marriage and agreed to separate by mutual consent.
- A payment of ₹16,00,000 (plus an additional ₹92,000 for LIC premium continuity) would be paid by the husband to the wife as well as their minor daughter covering an alimony, maintenance, stree-dhan, etc.
- Return of movable and immovable items including jewellery, household items, bank passbooks, etc.
- The wife was granted sole care, control, and custody of their minor daughter; the father was given once a month visitation rights and “calls/video‐calls” on a weekly basis.
- All pending criminal as well as civil cases between the couple to be withdrawn or quashed.
Order of the Supreme Court- Implications & Analysis
- This case demonstrates that after a marriage has broken down completely, continuing its legal status or an ongoing litigation would serve no good purpose to the parties involved and may violate dignity in some cases. Though it was Article 142, not Article 21 explicitly, which was the constitutional provision used, the settlement of the case underline the dignity, autonomy, as well as relief provided to the couple from a prolonged strife.
- It can also be seen from this case, that mediation could act as a powerful tool in matrimonial disputes, enabling the parties to come to a fair and comprehensive agreement without dealing with any unnecessary trauma or delay of the full trial.
Conclusion
This Ekta Bhatnagar vs Ashutosh Bhatnagar case could be marked as a landmark as to how Indian courts could resolve "dead marriages" — such marriages which are beyond repair — in a manner where individual dignity could be taken care of, reducing the burden on judiciary, thereby providing closure. The use of Article 142 of the Constitution after the process of mediation as well as mutual consent of the couple signifies shift towards a modern, humane approach in the matrimonial jurisprudence.
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Adv Vipul Singh Raghuwanshi
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