HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

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hindu marriage act, 1955, Section 13(1) –  Constitution of India, 1950, Article 142 – Transfer Petition – Mediation failed  – Respondent expressed willingness for divorce though mutual consent – No agreement could be reached as regards permanent alimony – Court is of the opinion that the parties, in praesenti, husband and wife have suffered an irretrievable breakdown of marriage –   In order to render complete justice, it is a fit case to exercise the power vested under Article 142 of the Constitution of India by closing all cases filed by the parties against each other and also granting a decree of mutual consent divorce, with alimony of Rs. 35 lacs.