Dhananjay Rathi v. Ruchika Rathi, 2026 INSC 360 - Matrimonial - Settlement - Resiling
A criminal complaint regarding domestic violence, with mere reference to the names of the family members or the husband without any specific allegation that points towards their active involvement in commission of such an act of violence, shall be nipped in the bud.
Matrimonial Matters -Though it is well within the law, for any party, to withdraw consent at any stage before grant of divorce by mutual agreement, however, in case a compromise deed or a settlement agreement has been entered in between the parties regarding the full and final settlement of their disputes, then in that case it is not open for the party to step back from the terms and conditions so arrived between them - A party can resile from the Settlement Agreement arrived in the mediation proceedings is, if it successfully demonstrates that the said Settlement Agreement was procured by force, fraud or undue influence. The party can also resile from the Settlement Agreement on account of non-fulfillment of any of the conditions by the opposite party as set out in the Settlement Agreement. (Para 30-31)
Protection of Women from Domestic Violence Act, 2005 - A criminal complaint regarding domestic violence, with mere reference to the names of the family members or the husband without any specific allegation that points towards their active involvement in commission of such an act of violence, shall be nipped in the bud-The parties to a long standing marital dispute are often fuelled by emotions, we cannot allow such emotions to take a drastic turn in as much as allowing the bursts of emotions to form the basis of criminal prosecution. Such criminal prosecution, if allowed, would lead to an abuse of law and cause harassment. (Para 37)
Constitution of India - Article 142 -The Court while exercising its power under Article 142(1) for grant of divorce has to first conclude that there has been an irretrievable breakdown of marriage. (Para 49)
