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CDJ 2026 SC 081
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| Court : Supreme Court of India |
| Case No : Transfer Petition(Civil) No. 2035 of 2024 |
| Judges: THE HONOURABLE MR. JUSTICE J.B. PARDIWALA & THE HONOURABLE MR. JUSTICE K. VISWANATHAN |
| Parties : Charanjit Kaur Versus Amarjit Singh Bhatti |
| Appearing Advocates : For the Petitioner: ------ For the Respondent: ---- |
| Date of Judgment : 09-01-2026 |
| Head Note :- |
Constitution of India, 1950 – Article 142 – Transfer Petition – Mediation Settlement – Dissolution of Marriage – Mutual Consent – Maintenance – Alimony – Withdrawal of Proceedings – Parties referred to Supreme Court Mediation Centre – Comprehensive settlement arrived at and reduced into writing – Settlement covered permanent alimony, maintenance, stridhan and withdrawal of all pending civil and criminal proceedings – Parties jointly sought dissolution of marriage.
Court Held – Transfer Petition disposed of – Marriage dissolved by exercise of powers under Article 142 of the Constitution of India – Settlement Agreement dated 18.11.2025 taken on record – Decree of divorce directed to be drawn in terms of settlement – All pending civil and criminal proceedings between parties terminated – Parties directed to abide by settlement terms.
[Paras 1, 3, 7, 9, 10]
Keywords: Article 142 Constitution of India – Mediation Settlement – Mutual Consent Divorce – Transfer Petition – Permanent Alimony – Termination of Proceedings
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| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations Mentioned:
- Section 125 of Cr.P.C.
- Section 9 of HMA
- Article 142 of the Constitution of India
- Section 13(1)(a) of the Hindu Marriage Act
- Section 13(1)(b) of the Hindu Marriage Act
2. Catch Words:
divorce, maintenance, alimony, mutual consent, settlement, execution, cooling period
3. Summary:
The parties reached an amicable settlement through the Supreme Court Mediation Centre and executed a written Settlement Agreement on 18‑11‑2025. The agreement provides for a full and final payment of Rs.2,55,000 by the husband to the wife, withdrawal of all pending maintenance and HMA proceedings, and joint filing of a divorce application under Article 142 of the Constitution. The parties also agreed to forgo any future claims, including those relating to alimony, stridhan, or property, and to cooperate in the divorce process, either before the Supreme Court or the Family Court. The husband has already paid Rs.5,00,000 to the wife. The Court recorded the settlement, dissolved the marriage under its inherent powers, and ordered the termination of all pending civil and criminal proceedings.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. The parties have been able to arrive at an amicable settlement before the Supreme Court Mediation Centre.
2. The Settlement Agreement dated 18-11-2025 has been reduced into writing duly signed by the parties, their respective counsel and the learned Mediator, Supreme Court Mediation Centre.
3. The terms of the Settlement read thus:-
"Settlement Agreement
This Settlement Agreement is entered into on today i.e. on 18th November, 2025 at Supreme Court Mediation Centre, New Delhi 110001.
BETWEEN
Ms. Charanjit Kaur, aged about 38 years, Daughter of Late Jaswant Singh, W/o Mr. Amarjit Singh Bhatti, Resident of 75/1, Bhandari Bagh, Dehradun, Uttarakhand, 248001 (hereinafter referred to as the first party/petitioner - Wife)
AND
Mr. Amarjit Singh Bhatti, aged about 39 Years, S/o Mohinder Singh, Resident of House No. 5, Kalgidhar Nagar New Santokhpura, Jalandhar-1, Jalandhar, Punjab- 144004 (hereinafter referred to as the second party / Respondent -Husband).
1. Whereas, the marriage between the petitioner and respondent solemnized on 09.11.2015 according to Sikh rites and rituals at Jalandhar, Punjab.
2. Whereas, both the parties resided together as Husband and Wife till September 2023, and thereafter due to the disputes and differences between the parties hereto, the parties have been living separately since September 2023.
3. No child is born from this wedlock.
4. Whereas the parties have filed following cases against each other:
A. Petitioner/wife had filed an Application Under Section 125 of Cr.P.C. being Case No. 387 1 2023 pending before Court of Ld. Principal Judge, Family Court, Dehradun which was allowed on 05.03.2025 by the Principal Judge, Family Court, Dehradun.
B. Petitioner/wife has filed Execution Case No. 251/2024 which is pending before the Court of Ld. Principal Judge, Family Court, Dehradun for Execution of interim order dated 05.07.2024 passed in Case No. 387/2023.
C. Respondent husband has filed HMA Petition No. 71 of 2024 pending before Court of Ld. Principal Judge, Family Court, Jalandhar-Punjab Under Section 9 of HMA.
D. Transfer Petition (C) No. 2035 of 2024 pending in Supreme Court of India.
5. Whereas the Hon'ble Supreme Court vide Order dated 17.09.2025 in Transfer Petition (Civil) No. 2035 of 2024 referred the present matter to the Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties with their respective counsels on 06.10.2025, 15.10.2025, 05.11.2025 (All virtual modes) and today i.e., 18.11.2025 both the parties are present physically.
6. Both the parties hereto have finally resolved their disputes and difference and have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent:-
A. It is agreed between the parties that the Respondent/Husband will pay an amount of Rs.2,55,000/-(Rupees Two Lakhs and Fifty Five Thousand Only) as the full and final settlement to the Petitioner/Wife for all her claims towards permanent alimony, stridhan, maintenance (past, present, future) and any other claims whatsoever.
B. That both the parties herein agree that they shall jointly move an application before the Hon'ble Supreme Court of India under Article 142 of the Constitution of India for invoking inherent powers of the Hon'ble Supreme Court interalia praying therein seeking dissolution of marriage by way of divorce.
C. That it is agreed between the parties that the abovesaid total amount of Rs.2,55,000/- (Rupees Two Lakhs and Fifty Five Thousand Only) will be handed over by way of Demand Draft in the name of Petitioner/Wife "Charanjeet Kaur", in the Hon 'ble Supreme Court of India at the time when the Hon'ble Supreme Court would grant decree of Divorce under Article 142 of the Constitution of India.
D. That the Petitioner is having saving bank account number 02491000304127 in Punjab and Sindh Bank having its Branch at Lamba Pind, Jalandhar, Punjab (Having Rs. 2,48,698/- Rupees Two Lakhs Forty Eight Thousand Six Hundred and Ninety Eight as on 09.12.2023), wherein the money has been deposited by the Respondent over the time. The same (and interest thereupon) shall be withdrawn by the Petitioner from her bank account from any branch of Punjab and Sindh Bank upon allowing of the application moved Under Article 142 of the Constitution of India by the Parties to the present Settlement Agreement.
E. That the Petitioner/wife shall withdraw Execution Case No.251/2024 filed for Execution of order dated 05.07.2024 arising out of Maintenance Case/ Misc. Criminal Case No. 387/2023 filed Under Section 125 Cr.P.C on or before 27.01.2026 which is pending before the Court of Ld. Principal Judge, Family Court Dehradun.
F. That the Petitioner/wife shall not file any other Execution Petition or any other claim arising out of Maintenance Case/ Misc. Criminal Case No. 387/2023 filed Under Section 125 Cr.P.C. or any other Civil and / or Criminal case whatsoever against the Respondent Husband and/ or his family members.
G. That the proceedings and orders dated 05.07.2024 and 05.03.2025 arising out of Maintenance Case/ Misc. Criminal Case No, 387/2023 filed Under Section 125 Cr.P.C. shall be treated as withdrawn by virtue of this Settlement Agreement.
H. That the HMA Case No. 71 of 2024 filed by the Respondent/Husband shall also be treated as withdrawn by virtue of this Settlement Agreement, if the Hon'ble Supreme Court would be pleased grant decree of divorce Under Article 142 of the Constitution of India.
I. Both the parties have agreed that marriage shall be dissolved by filing appropriate Application under Article 142 of the Constitution of India before this Hon'ble Court. Both the parties shall co-operate each other in filing the said application jointly at the earliest.
7. In the alternative, both the parties have agreed, to jointly file the first motion within 2 (two) weeks from the date of disposal of the present Transfer Petition with an application for waiving off the cooling period and the second motion U/s 13(1) (a) and 13(1) (b) of the Hindu Marriage Act for the dissolution of their marriage by way of mutual consent before the Ld. Principal Judge, Family Court, Jalandhar, Punjab and the parties will also bear their respective cost for the same. In case both the parties have to file divorce petition by way of mutual consent, the mode of payment shall be as follows:
(i) The Passbook shall be handed over by the Respondent/Husband to the Petitioner/wife at the time of recording of the statement in first motion for dissolution of marriage through mutual consent and Petitioner/wife shall be free to withdraw the money lying in saving bank account number 02491000304127 after the recording of the statement of both the parties in first motion of the Divorce Petition filed by the way of mutual consent.
(ii) It has been agreed between the parties that the Respondent/husband shall pay a sum of Rs.2,55,000/-(Rupees Two Lakhs and Fifty Five Thousand Only) by way of demand draft in the name of the Petitioner/Wife "Charanjeet Kaur" at the time of recording of the statement in second motion of divorce by way of mutual consent.
(iii) It has been agreed between the parties that they shall move second motion of divorce petition by way of mutual consent with an application to cool off statutory period of six months immediately after the order of first motion of divorce petition by way mutual consent preferably within one week of the said order. Both the parties shall co-operate with each other in filing the Petition for second motion of divorce.
(iv) It has been further agreed between the parties that in case the Hon'ble Supreme Court does not allow Respondent/Husband to withdraw HMA Petition No. 71/2024, the Respondent/Husband shall withdraw the said Petition within 2 weeks from the date of disposal of Present Transfer Petition.
8. That both the parties mutually agreed that in future both the parties and/or their family members will not file any cases, civil or criminal including Police Complaints etc. against any of the parties and/or their respective family members with respect to present marriage alliance.
9. That subject to the afore-said terms and conditions, the parties have resolved all their disputes/differences amicably in relation to their marriage and have been left with no claims against each other or against their respective family members.
10. That by signing this Agreement the parties hereto solemnly state and affirm that in future they have no further claims or demands against each other including maintenance and/or on any movable or immovable properties of each other and / or their respective family members and all the disputes and differences have been amicably settled by the parties through the process of mediation.
11. That both the parties mutually agree to adhere to/abide by/by the terms and conditions of the present Mediation Settlement Agreement and in case of any default by any of the parties in the aforesaid agreed terms and conditions including the payment, the defaulting party shall be liable to be prosecuted as per the law prevalent and in force at the relevant time.
12. That the parties undertake to abide by the terms and conditions set out in the present Settlement Agreement, which have been arrived by them with their free will, without any inducement, Coercion, duress, pressure or collusion and parties undertake to abide by the same for all the times to come.
13. The contents of this Mediation Settlement-Agreement have been explained to both the parties in vernacular and they have understood the same and signed the present mediation settlement."
4. The original Agreement of Settlement be taken on record and shall be kept with the record of the case.
5. As agreed between the parties, the Respondent - Husband has paid an amount of Rs.5,00,000/- (Rupees Five Lakh only) to his wife i.e. the petitioner.
6. The parties are directed to abide by all other terms and conditions as laid down in the Settlement Agreement.
7. In view of the aforesaid, the marriage between the parties stands dissolved in exercise of our jurisdiction under Article 142 of the Constitution.
8. The Registry shall draw a decree accordingly in terms of the Settlement Agreement.
9. All pending proceedings between the parties, civil and criminal, stand terminated.
10. With the aforesaid, the Transfer Petition stands disposed of accordingly.
11. Pending applications, if any, stand disposed of.
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