ALERT: New Supreme Court Guidelines on Mutual Divorce & Settlement Agreements (2026)
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ALERT: New Supreme Court Guidelines on Mutual Divorce & Settlement Agreements (2026)
1 658 просмотров · 5 мес. назад
Legal SHOTS
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1 658 просмотров · 5 мес. назад
⚫अपनी क़ानूनी समस्या को 1 कॉल पर अभी सॉल्व करे (Legal Opinion)
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⚫Description
JUDGEMENT LINK- https://api.sci.gov.in/supremecourt/2...
Case Title: Dhananjay Rathi v. Ruchika Rathi
The main purpose of this judgment was to clarify that parties cannot misuse mediation settlements after taking benefits from them. The Supreme Court wanted to strengthen the credibility of court-referred mediation and send a clear message that settlement agreements are not merely temporary arrangements that can be casually abandoned later.
In this case, both husband and wife had entered into a mediation settlement for mutual divorce and had already acted upon several terms of the settlement, including payment of money and return of jewellery. However, later the wife withdrew consent for mutual divorce and filed a case under the Protection of Women from Domestic Violence Act 2005.
The Supreme Court clarified some very important legal principles:
• A person can legally withdraw consent before final mutual divorce decree.
• However, withdrawal of consent does not automatically cancel a mediated settlement that has already been partly performed.
• If parties have already accepted benefits under a settlement, they cannot later refuse obligations without valid legal grounds like fraud, coercion, undue influence, or serious breach.
• The Court also held that legal proceedings filed later merely to harass or pressurize the other side can amount to abuse of process.
The Court found that the marriage had completely broken down and therefore used powers under Constitution of India Article 142 to dissolve the marriage permanently.
00:00- Introduction
01:38- Facts of the case
04:55- Supreme Court Critical analysis
06:26- Final judgement by SC
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