New Delhi: The Supreme Court has allowed divorce of a couple by mutual consent taking note of the prolonged litigation between the husband and wife from Hyderabad and the resultant suffering of their child.
In an order, a bench of Justices Kurian Joseph and M.M. Shantanag-ouder said the parties, Su-darsana Rao and Gadde and Karuna Gadde, were personally present along with their child-Aayush. It said the parties have agreed on visitation and custody ri-ghts with the child rem-aining with the mother.
The order said, “In view of the long litigations between the parties they have prayed for a decree of divorce by mutual consent. Having interacted with the parties, we find that they have taken a conscious decision without being influenced by any other extraneous factors. Accordingly, the marriage between the appellant/Sudarsana Rao Gadde and respondent/ Karuna Gadde is dissolved by a decree of divorce by mutual consent under Section 10A of the Indian Divorce Act, 1869.”
The court pointed out that it had made several attempts for a peaceful and amicable settlement of the disputes, through mediators and also by the court itself, and it could not succeed for a settlement and hence the need for divorce by mutual consent.
The court said now that the parties have settled their disputes, “we do not think it necessary to relegate them to the respective courts where other litigations are pending between them as they have agreed to put an end to all the litigations. Accordingly, petition on the file of the family court at Rangareddy district, Miyapur, Hyderabad will stand disposed of in terms of the Settlement dated 01.08.2017. O.P. No.2223/2016 pending before the Family Court at Rangareddy District, Miyapore Hyderabad is decreed as per the mutual divorce terms”.
