Divorce decree upheld after settlement, payment of ₹17 lakh permanent alimony, and withdrawal of appeal.

The respondent-husband had instituted proceedings under Section 13(1) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the appellant-wife solemnised on 26 June 1997.

The Family Court, Sakti/Janjgir-Champa, allowed the petition and dissolved the marriage by judgment and decree dated 19 June 2025. The wife challenged that decision by filing FA(MAT) No. 294 of 2025 before the High Court.

During mediation before the High Court Mediation Centre, the parties arrived at a settlement dated 18 September 2026. Under the settlement, the husband agreed to pay the wife ₹17,00,000 as permanent alimony through two cheques of ₹9,00,000 and ₹8,00,000.

The settlement also contemplated withdrawal of pending proceedings, including the maintenance case and criminal revision, and mutual non-interference in each other’s future lives.

On receipt of the agreed amount, the wife stated that she did not wish to contest the appeal and sought permission to withdraw it.

Whether, in view of the settlement reached between the parties and payment of ₹17,00,000 towards permanent alimony, the appellant-wife should be permitted to withdraw the matrimonial appeal?

Whether the appeal challenging the decree of divorce should be disposed of in accordance with the parties’ settlement?

The proceedings arose from the decree of dissolution of marriage under Section 13(1) of the Hindu Marriage Act, 1955, which permits dissolution of marriage on the statutory grounds specified therein.

The Court applied the procedural principle that an appellant may withdraw an appeal when the parties have voluntarily settled their disputes and the appellant no longer wishes to pursue the challenge.

It also recognised the binding effect of a voluntarily executed settlement placed on record, particularly where the parties were represented by counsel, the settlement was reached through mediation, and consideration agreed as permanent alimony had been handed over.

No separate judicial precedent was cited.

The High Court examined the settlement deed dated 18 September 2026 and noted that it was voluntarily executed by both parties without coercion, pressure, or undue influence.

The agreed settlement provided for payment of ₹17,00,000 to the wife through two identified cheques as full settlement of the parties’ claims.

Since the wife confirmed receipt of the cheques and expressly stated that she did not wish to contest the appeal, the Court found no reason to continue adjudicating the challenge to the divorce decree.

The parties’ settlement therefore furnished sufficient basis for permitting withdrawal of the appeal and disposing of the matter in accordance with their agreement.

FA(MAT) No. 294 of 2025 was dismissed as withdrawn, and the Court directed that the decree be drawn accordingly.

The decree of divorce dated 19 June 2025 consequently remained undisturbed.