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Supreme Court of India 2021-10-20 allowed

Hironmoy Sen & Anr vs State of West Bengal & Anr

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Husband and mother-in-law appealed against the High Court's refusal to quash domestic violence criminal proceedings (FIR under IPC sections 498A, 323, 114). After two years of Supreme Court mediation, the estranged couple agreed to settle through mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955. The husband agreed to pay Rs. 90 lakhs as alimony and transfer a flat to the wife. Crucially, the Court required the husband to file an additional affidavit undertaking to bear all expenses (educational, medical, maintenance) of their adult daughter studying in the United Kingdom until her marriage and independence. The Court dissolved the marriage and quashed all criminal and civil proceedings under Article 142, upon payment of the settlement amount.

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Divorce Mutual Consent Divorce Maintenance and Alimony Article 142 Powers Domestic Violence Criminal Proceedings Custody Family Law Settlement

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