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CDJ 2026 SC 125
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| Court : Supreme Court of India |
| Case No : Transfer Petition (Civil) No. 1776 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE J.B. PARDIWALA & THE HONOURABLE MR. JUSTICE ALOK ARADHE |
| Parties : Kavya Kiran Versus Vishal |
| Appearing Advocates : For the Petitioner: ------ For the Respondent: ------ |
| Date of Judgment : 12-01-2026 |
| Head Note :- |
Subject
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Article 142 of Constitution of India
- Order dated 20.08.2025
- Transfer Petition (Civil) No. 1776 of 2025
- Matrimonial (Divorce) Case no. 169 of 2025
- Supreme Court Mediation Centre
2. Catch Words:
- divorce
- mutual consent
- settlement
- alimony
- maintenance
- stridhan
- mediation
3. Summary:
The parties reached an amicable settlement through the Supreme Court Mediation Centre, documented in a Settlement Agreement dated 07.11.2025. The husband agreed to pay Rs. 3,50,000 as full and final settlement of all claims, including alimony and maintenance. Both parties consented to file a joint application under Article 142 of the Constitution for dissolution of marriage by mutual consent. The court, after verifying the settlement and receipt of the demand draft, exercised its inherent powers under Article 142 to dissolve the marriage. The Transfer Petition was consequently disposed of, and all pending civil and criminal proceedings between the parties were terminated. The registry was directed to draw a decree reflecting the divorce and the settlement terms.
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. The Settlement Agreement dated 07.11.2025 has been reduced into writing, duly signed by the parties, their respective counsel, including the learned Mediator.
2. The Settlement Agreement reads thus :-
"SETTLEMENT AGREEMENT
This Settlement Agreement is entered into between Petitioner- Ms. Kavya D/o Shri Sudhir Kumar, R/o. F-5/287, Sector-16, Rohini, New Delhi -110089 (here in after referred to as Petitioner-Wife) and Mr. Vishal S/o Mr. Dhiraj Kumar R/o 3SFSB-1/5 , Bhootnath Road, Near Shani Mandir, P.S. Agam Kuan, P.O. B.H. Colony , District; Patna Bihar Pin- 800026 (here in after referred to as RespondentHusband).
1. Whereas the marriage between the petitioner and respondent husband was solemnized as per Hindu rites and ceremonies on 27.02.2023 at Bihar. After marriage parties resided together at Matrimonial home, Patna and marriage of the parties was not consummated.
2. Both the parties resided together as husband and wife till 07.08.2023, and thereafter disputes and differences arose between the parties and since then she is staying with her parents at Delhi. The respondent Husband filed Matrimonial (Divorce) Case no. 169 of 2025 before the Court of Ld. Principle Judge at Patna Bihar seeking dissolution of marriage.
3. Whereas the Parties have filed following cases against each other:-
(i) The respondent Husband filed Matrimonial (Divorce) Case no. 169 of 2025 before the Court of Ld. Principle Judge at Patna Bihar.
(ii) The Petitioner/wife has filed Transfer Petitioner No. 1776 of 2025 pending before Supreme Court of India.
4. Whereas Hon'ble Supreme Court vide Order dated 20.08.2025 in Transfer Petition (Civil) No. 1776 of 2025 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 24.09.2025, 08.10.2025, 09.10.2025 (physical and virtual both ) and today i.e. 07.11.2025 (physically for signing of the present Settlement Agreement).
5. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent:-
A. That the parties have agreed that the Respondent-husband will pay to the Petitioner-wife a total sum of Rs. 3,50,000/- (Rupees Three Lakhs and Fifty Thousand Only) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever. Both the parties has already exchanged the all belongings.
B. It is agreed between the parties that they will move an application jointly before the Hon'ble Supreme Court under Article 142 of Constitution of India for invoking inherent powers of the Hon'ble Supreme Court praying for divorce by mutual consent as parties are staying separately since 07.08.2023 i.e. for the last more than two years and there is irretrievable break down of the marriage.
C. It is further agreed between the parties that if Hon'ble Supreme Court is pleased to allow application filed by both the parties under Article 142 of Constitution of India then both the parties shall withdraw all the cases filed by them. The Respondent -husband will pay to the Petitioner Wife a total sum of Rs. 3,50,000/- (Rupees Three Lakhs and Fifty Thousand Only) via DD in the name of Petitioner/wife before the Hon'ble Court on the date of hearing.
6. That the Petitioner and the Respondent have agreed that none of them will initiate any other legal action or complaint against each other or against the family members of each other in respect of their matrimonial dispute in future.
7. That subject to the aforesaid terms, the parties have resolved all the disputes amicably in relation to the marriage and have been left with no claims against each other or their respective family members.
8. That by signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other including maintenance, or any movable or immovable property and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation.
9. The parties undertake to abide by the terms and conditions set out in the above mentioned Settlement Agreement, which have been arrived with free will of the parties without any coercion, duress or collusion and parties undertake not to raise any dispute whatsoever henceforth.
10. The contents of this settlement -agreement have been explained to all the parties and they have understood the same."
3. The original Settlement Agreement is ordered to be taken on record and the same shall be kept with the record of this case.
4. In accordance with the terms of the Settlement, the husband has to pay a total sum of Rs. 3,50,000/- (Rupees Three Lakh and Fifty Thousand) to his wife towards full and final settlement.
5. The learned counsel appearing for the husband has handed over a Demand Draft of Rs. 3,50,000/- to the petitioner in the open court, which has been duly acknowledged by her. The details of the Demand Draft are as follows :-
Demand Draft No. and Date
| Bank Name
| Drawn in the name of
| Amount
| 297696 dated 03.01.2026
| State Bank of India, Bailey Road, Patna
| Kavya Kiran
| Rs. 3,50,000/-
| 6. We have interacted with the parties, who are present in Court today. We are of the view that this is a fit case for exercising our jurisdiction under Article 142 of the Constitution of India to dissolve the marriage between the parties. Consequently, the marriage between the parties stands dissolved by a decree of divorce by mutual consent.
7. In view of the aforesaid, the Transfer Petition stands disposed of. All proceedings between the parties, civil and criminal, if any, stand terminated.
8. The Registry will draw a decree in the aforesaid terms.
9. It is further directed that the parties shall abide by the terms of this settlement implicitly.
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