Person I was married to and I reached a compromise and signed the same in Supreme Court mediation therby the court dismissed the SLP and we also pleaded for divorce. Can some attorney read the order and guide is the divorce granted by SC or it needs to filed in district court. I have copied the order of the Supreme Court below . Please guide accordingly. Thanks in advance.(Section 10 application reffered below is the one I filed in lower court )
When the special leave petition was taken up for
SLP (Crl.) 2
consideration on ........, 2011, we had referred the
parties to mediation and a report has been received from the
Supreme Court Mediation Centre, which indicates that the
parties have arrived at a settlement, though, they have
decided to separate from each other. While they have
decided to withdraw all the cases, which are pending against
each other, in clause (viii) of paragraph 7 of the
Agreement, they have prayed before this Court to dissolve
their marriage treating the Section 10 application, as a
joint petition under Section 13B of the Hindu Marriage Act,
1955 (for short 'the Act'), and to pass a decree of divorce
by mutual consent.
Having heard learned counsel for the parties and
since from the mediation report, it appears that the
marriage has broken down irretrievably and there is no
possibility of the parties living together, we invoke our
powers under Section 142 of the Constitution and while
disposing of the Special Leave Petition on the basis of the
settlement arrived at between the parties, we also direct
that a decree of divorce by mutual consent, be passed on the
Section 10 application, treating the same to be one under
Section 13B of the Act. A decree to that effect be drawn
up.
The special leave petition is disposed of
accordingly
