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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE/INHERENT JURISDICTION

CIVIL APPEAL  NO(S).  10947 OF 2018

[@ SPECIAL LEAVE PETITION (C) 9619 OF 2016]  

MEERA V. MATHEW                               Appellant(s)

                               VERSUS

VIVEK K. JOHN                           Respondent(s)

WITH

CONTEMPT PETITION (C) NO. 17 OF 2017

IN

SPECIAL LEAVE PETITION (C) NO. 9619 OF 2016

J U D G M E N T

KURIAN, J.

SLP (C) 9619 OF 2016

1. Leave granted.

2. The parties are before this Court, aggrieved by

the  Judgment  dated  09.03.2016  passed  by  the  High

Court  of  Judicature  of  Bombay  at  Mumbai  in  Writ

Petition  No.  1288  of  2016.   Realizing  that  the

disputes are matrimonial in nature, this Court took

several steps to see whether the parties can resolve

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their disputes amicably, including the dispute on the

custody of their child.  In the process, the parties

were referred to Mrs. Sadhana Ramachandran, a trained

mediator, especially in matrimonial disputes.

3. We  are  happy  to  note  that  the  parties  have

entered  into  a  mutual  settlement.   The  Settlement

Agreement dated 27.07.2018 has been duly signed by

the parties and their respective counsel and by the

learned mediator.

4. In terms of the settlement, the appellant and the

respondent  have  filed  a  joint  application  under

Section 10A of the Indian Divorce Act, 1869.  We have

also interacted with the parties and we are convinced

that they have taken a conscious decision to part as

friends.   Having  regard  to  the  background  of

litigations between the parties, we are of the view

that this is a fit case to invoke our jurisdiction

under Article 142 of the Constitution of India and

pass orders on the application filed under Section

10A of the Indian Divorce Act, 1869.

5. Accordingly, the petition for divorce on mutual

consent  filed  under  Section  10A  is  allowed.   The

marriage between the appellant – Meera V. Mathew and

the respondent – Vivek K. John is dissolved by way of

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a decree of divorce on mutual consent.  The parties

shall  be  bound  by  the  terms  of  settlement.   The

appellant and the respondent will keep in mind that

though they have severed their marital relationship,

for their child - Neil, Vivek John is his father and

Meera Mathew mother for ever.  The child is entitled

to the love and affection, protection and guidance of

both the parents and their families.  The child also

has a duty to respect, love and reciprocate the love

and  affection  from  both  the  parents  and  their

families.

6. This  appeal  is  disposed  of  in  terms  of  the

Settlement Agreement dated 27.07.2018.  The agreement

shall form part of the decree.  As the parties are

agreeable  for  extension  of  six  months’  time  for

discharging  the  obligations  under  Clause  6  of  the

Agreement, the time is extended by six months from

today.

7. We  record  our  sincere  appreciation  for  the

strenuous efforts taken by Mrs. Sadhana Ramachandran,

learned mediator, to bring out the settlement between

the  parties who  have been  in litigation  for quite

some time before different courts.

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CONTEMPT PETITION (C) NO. 17 OF 2017        

In view of the Judgment passed in Civil Appeal

No. 10947 of 2018 above, this contempt petition is

closed.    

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ HEMANT GUPTA ]  

New Delhi; NOVEMBER 13, 2018.