Dhananjay Rathi Vs Ruchika Rathi (Supreme Court of India)
Material Facts
The parties married on 19 February 2000 and have two adult children. Matrimonial disputes arose in 2022–23, following which the husband filed a divorce petition on grounds of cruelty and adultery. The Family Court referred the matter to mediation, resulting in a Settlement Agreement dated 16 May 2024. Under the settlement, the parties agreed to dissolve their marriage by mutual consent, the husband agreed to pay ₹1.5 crore (including a PPF amount), return specified jewellery, pay ₹14 lakh for purchase of a car, and withdraw his fault-based divorce petition. The wife agreed to execute specified gift deeds and transfer certain properties, shares and policies, and both parties agreed not to institute future civil or criminal proceedings relating to their matrimonial dispute.
The first motion for divorce by mutual consent was allowed on 14 August 2024. The husband paid the first instalment of ₹75 lakh, ₹14 lakh for the car, and returned the agreed jewellery, while the wife transferred ₹2,52,38,794 to the husband in accordance with the settlement. Thereafter, the wife withdrew her consent for mutual divorce and later filed proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the husband and his mother.
