ASMA K. v. RAHIM MOGRAL @ ABDUL RAHEEM
SLP (C) No. 5109/2023
Supreme Court of India — Order dated 20 January 2025
Sanjay Karol and Prashant Kumar Mishra, JJ.
HEADNOTES WITH PARAGRAPH NUMBERS
1. Matrimonial dispute — Settlement — Decree of divorce — Parties agreeing to accept decree — Supreme Court setting aside appellate judgment and affirming Family Court decree.
[Paras 2–6] — Where the divorced spouses amicably resolve their matrimonial disputes through a settlement deed and the husband expressly accepts the decree of divorce already granted by the Family Court, the Supreme Court may give effect to the settlement. The High Court judgment was set aside and the Family Court judgment and decree dated 30.11.2021 granting divorce was affirmed.
2. Muslim divorced wife — Maintenance and fair provision — Settlement — Payment of ₹4 lakhs towards claims under Muslim Women (Protection of Rights on Divorce) Act and matrimonial maintenance proceedings.
[Para 4(b)–(d)] — The husband agreed to pay ₹4,00,000/- to the petitioner-wife towards reasonable and fair provision, maintenance and other benefits claimed by her as his divorced wife under the Muslim Women (Protection of Rights on Divorce) Act, as well as in full settlement of the claims in M.C. No.60/2017.
3. Settlement — Part payment and amount already deposited before Magistrate — Wife entitled to withdraw deposited amount — No further claim after receipt of settled amount.
[Para 4(c)–(d), Paras 7–8] — Of the agreed ₹4 lakhs, ₹1.50 lakhs was paid to the wife and ₹2.50 lakhs had already been deposited before the Judicial First Class Magistrate. The husband consented to release of the deposited amount to the wife. Upon receipt of the entire settled amount and confirmation of the divorce decree, the wife agreed not to make any further claim against the respondents.
4. Criminal proceedings — Matrimonial dispute — Settlement — Maintenance complaint — Quashing in terms of settlement.
[Para 7] — In view of the comprehensive settlement between the parties and receipt of the agreed alimony and maintenance by the wife, M.C. No.60/2017 pending before the First Class Magistrate-II, Kasaragod, Kerala, was quashed.
5. Matrimonial settlement — All matrimonial issues resolved — Settlement given complete effect.
[Para 6] — The Supreme Court recorded the parties' agreement that all matrimonial issues between them stood resolved and disposed of the SLP in terms of the settlement.
6. Civil proceedings — Settlement — Husband agreeing not to pursue suit — Effect.
[Para 4(e)] — As part of the settlement, the husband agreed to file a memo not pressing the further prosecution of O.S. No.352/2022 pending before the Principal Munsiff, Kasaragod.
7. Supreme Court — Settlement in matrimonial dispute — Complete quietus — Proceedings disposed of in settlement terms.
[Paras 5–9] — The Court gave effect to the comprehensive settlement covering divorce, maintenance/alimony, criminal proceedings and civil litigation, thereby bringing the matrimonial dispute to a final conclusion.
CASE FACTS
The petitioner-wife, Asma K., and respondent-husband, Rahim Mogral @ Abdul Raheem, were involved in matrimonial litigation.
During the pendency of SLP (C) No.5109/2023, the parties amicably resolved their disputes through a deed of settlement dated 8 April 2024, which had been recorded in proceedings in Crl. Appeal No.100/2020 before the Additional Sessions Judge-III, Kasaragod. [Para 2]
Under the settlement:
The husband accepted the divorce decree dated 30.11.2021 passed by the Family Court, Kasaragod, in O.P. No.469/2020.
He acknowledged that the petitioner was his divorced wife.
He agreed to pay ₹4 lakhs towards reasonable and fair provision, maintenance and other benefits under the Muslim Women (Protection of Rights on Divorce) Act and towards settlement of the wife's claims in M.C. No.60/2017.
₹1.50 lakhs was paid to the wife and ₹2.50 lakhs had already been deposited before the Magistrate.
The husband gave his no objection to the wife withdrawing the deposited ₹2.50 lakhs.
On receipt of the full ₹4 lakhs and confirmation of the divorce decree by the Supreme Court, the wife agreed not to make any further claim against the respondents.
The husband agreed not to press O.S. No.352/2022 pending before the Principal Munsiff, Kasaragod.
LAW / LEGAL PRINCIPLES
1. Effect of matrimonial settlement
The Court treated the settlement as a complete resolution of the matrimonial disputes and gave effect to the agreed terms.
The important feature is that the settlement did not concern merely the divorce. It comprehensively dealt with:
the divorce decree;
maintenance and alimony;
the wife's claim under the Muslim Women (Protection of Rights on Divorce) Act;
the criminal maintenance proceeding;
the amount deposited before the Magistrate; and
the husband's pending civil suit.
2. Existing decree of divorce
The husband expressly accepted the Family Court decree dated 30.11.2021 granting divorce. The Supreme Court therefore set aside the contrary judgment of the Kerala High Court and affirmed the Family Court decree. [Para 5]
3. Settlement of maintenance claim
The agreed ₹4 lakhs represented settlement of the wife's claims for reasonable and fair provision and maintenance and her other benefits as a divorced Muslim wife, together with the claims in M.C. No.60/2017. [Para 4(b)–(d)]
4. Finality of settlement
The settlement contained a finality clause: after receipt of the entire agreed amount and confirmation of the divorce decree, the wife would have no further claim against the respondents. [Para 4(d)]
CONCLUSION / FINAL ORDER
The Supreme Court:
Set aside the Kerala High Court judgment dated 06.02.2023 in Mat. Appeal No.559/2022.
Affirmed the Family Court decree dated 30.11.2021 in O.P. No.469/2020 granting divorce.
Recorded that all matrimonial issues stood resolved.
Recorded receipt of the agreed alimony and maintenance by the wife.
Quashed M.C. No.60/2017 pending before the First Class Magistrate-II, Kasaragod.
Permitted the wife to withdraw the ₹2.50 lakhs deposited by the husband.
Gave effect to the settlement concerning the husband's civil suit, O.S. No.352/2022.
Disposed of the SLP in terms of the settlement.
Disposed of pending applications. [Paras 5–10]
RATIO / LEGAL PROPOSITION
Where parties to a matrimonial dispute amicably settle all their disputes and the settlement comprehensively provides for divorce, maintenance/alimony, withdrawal or quashing of connected proceedings and abandonment of further claims, the Supreme Court may give effect to the settlement in its entirety, affirm the agreed decree of divorce, quash the consequential matrimonial proceedings and bring the entire litigation to a final quietus.
