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CDJ 2026 SC 123 print Preview print Next print
Court : Supreme Court of India
Case No : Transfer Petition(s)(Civil) No(s). 1719 of 2025
Judges: THE HONOURABLE MR. JUSTICE J.B. PARDIWALA & THE HONOURABLE MR. JUSTICE ALOK ARADHE
Parties : Sunita @ Seenu Versus Malya Kaushik
Appearing Advocates : For the Petitioner: ------ For the Respondent: -----
Date of Judgment : 12-01-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 142 of Constitution of India

2. Catch Words:
- Divorce
- Mutual consent
- Settlement agreement
- Mediation
- Alimony
- Maintenance
- Stridhan
- Inherent powers
- Dissolution of marriage

3. Summary:
The parties to a divorce petition mediated at the Supreme Court Mediation Centre and executed a written settlement on 04‑12‑2025. The agreement provides that the husband will pay Rs. 11,25,000 to the wife in three installments as full and final settlement of alimony, Stridhan and maintenance. The first installment of Rs. 3,00,000 has been transferred to the petitioner’s father’s account and is confirmed by counsel. The court has taken the settlement agreement on record and ordered that once the total amount is paid, it will pass a decree of dissolution of marriage under its inherent powers under Article 142. The matter is listed for further hearing on 23‑03‑2026.

4. Conclusion:
Petition Allowed
Judgment :-

1. The parties have been able to arrive at an amicable settlement before the Supreme Court Mediation Centre. The Settlement Agreement dated 04.12.2025 has been reduced into writing, duly signed by the parties, their respective counsels, including the learned Mediator.

2. The Settlement Agreement reads thus :-

                   "SETTLEMENT AGREEMENT

                   This Settlement Agreement is entered into between Petitioner- Ms. Sunita @ Seenu W/o Mr. Malay Kaushik D/o Shyam Sundar Sharma, R/o. Village Ponkh, District Jhunjhunu, Rajasthan - 333053 (here in after referred to as Petitioner-Wife) and Mr. Malay Kaushik S/o Shri Gopal Kaushik R/o 77/B Mukesh Nagar, Shahdara, East Delhi - 110032 (here in after referred to as Respondent-Husband).

                   1. Whereas the marriage between the petitioner and respondent Husband was solemnized as per Hindu rites and ceremonies on 14.11.2021 at Jhunjhunu, Rajasthan. After marriage parties resided together at Shahdara, Delhi and there is no issue out of this wedlock.

                   2. Both the parties resided together as husband and wife till February 2022, and thereafter disputes and differences arose between the parties and since then she is staying with her parents at Jhunjhunu, Rajasthan. The Respondent/Husband filed Divorce Petition HMA no. 2095/2024 before the Judge Family Court at Shahdara District, New Delhi, seeking dissolution of marriage.

                   3. Whereas the Parties have filed following cases against each other:-

                   (i) Petitioner/wife has filed Transfer Petition (Civil) No. 1719 of 2025 pending before Hon'ble Supreme Court of India.

                   (ii) The Respondent/Husband has filed Divorce Petition HMA no. 2095/2024 before the Judge Family Court at Shahdara District, New Delhi.

                   4. Whereas Hon'ble Supreme Court vide Order dated 10.09.2025 in Transfer Petition (Civil) No. 1719 of 2025 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 15.10.2025, 03.11.2025, 07.11.2025, 14.11.2025 (physical and virtual both ) and today i.e. 04.12.2025 (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. 11,25,000/- (Rupees Eleven Lakhs and Twenty Five 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.

                   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 February 2022, i.e. for the last more than three 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 against each other. The Respondent -husband will pay to the Petitioner/ Wife a total sum of Rs. 11,25,000/-(Rupees Eleven Lakhs and Twenty Five Thousand Only) via RTGS/NEFT /Online Transfer/DD in the account Bearing No. 21319037478, IFSC -RMGB0001319, Ponkh, Jhunjhunu, Baroda-Rajasthan, Kshetriya Gramin Bank in the name of Petitioner/wife's Father Shri Shyam Sundar Sharma.

                   The Respondent-husband will pay amount of Rs. 11,25,000/- (Rupees Eleven Lakhs and Twenty Five Thousand Only) - in 3 installments is as under:-

                   I. The Respondent -husband shall pay first installment an amount of Rs. 3,00,000/- (Rupees Three Lakhs only) in favour of the Petitioner / wife by way of RTGS/ NEFT Online Payment on or before 10.01.2026.

                   II. The Respondent -husband shall pay second installment an amount of Rs. 3,00,000/- (Rupees Three Lakhs only) in favour of the Petitioner / wife by way of RTGS/ NEFT Online Payment on or before 10.02.2026.

                   III. The Respondent -husband shall pay third/final installment an amount of Rs. 5,25,000/- (Rupees Five Lakhs and Twenty Five Thousand only) in favour of the Petitioner / wife by way of RTGS/ NEFT / DD, Online Payment at the time of final hearing of the instant case.

                   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 through their respective counsels 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 amount of Rs. 11,25,000/- (Rupees Eleven Lakhs and Twenty Five Thousand) to his wife towards full and final settlement.

5. The first installment of Rs. 3,00,000/- (Rupees Three Lakhs) has been transferred by RTGS to the account of the father of the petitioner.

6. Learned counsel appearing for the wife has confirmed about this amount being credited in the account of the father of the petitioner.

7. Once the entire amount of Rs. 11,25,000/- stands duly paid, we shall proceed to pass further orders, including dissolution of marriage in exercise of our jurisdiction under Article 142 of the Constitution of India.

8. List this matter on 23.03.2026.

 
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