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CDJ 2026 SC 502
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| Court : Supreme Court of India |
| Case No : Transfer Petition (Civil) No. 1553 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE PANKAJ MITHAL & THE HONOURABLE MR. JUSTICE S.V.N. BHATTI |
| Parties : Dheeru Amit Tibrewala Versus Amit Kamal Tibrewala |
| Appearing Advocates : For the Petitioner: ------ For the Respondent: ------ |
| Date of Judgment : 20-03-2026 |
| Head Note :- |
Constitution of India - Article 142 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 125 of Code of Criminal Procedure, 1973
- Protection of Women from Domestic Violence Act, 2005
- Section 12 read with Section 13, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005
- Section 498A of the Indian Penal Code, 1860
- Section 506 of the Indian Penal Code, 1860
- Section 3 and 4 of the Dowry Prohibition Act, 1961
- Article 142 of the Constitution of India
2. Catch Words:
- Mutual consent divorce
- Settlement agreement
- Alimony
- Maintenance
- Custody
- Visitation rights
- Transfer petition
- Closure of cases
3. Summary:
The petitioner‑wife filed a petition seeking transfer of a pending divorce case to a court in Visakhapatnam. The parties, with consent, approached the Supreme Court Mediation Centre and executed a settlement dated 18‑02‑2026. Under the settlement, the husband paid Rs. 65 lakhs as full and final settlement for alimony and maintenance, returned jewellery, and the wife retained custody of the minor daughters with visitation rights to the husband. All other civil and criminal proceedings between them were agreed to be closed. The Court exercised its power under Article 142 of the Constitution to decree divorce by mutual consent and ordered closure of all listed cases. The interlocutory application (I.A. No. 75721 of 2026) was allowed, and the transfer petitions were disposed of.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. Heard learned counsel for the parties.
2. The present petition has been filed by the petitioner-wife seeking transfer of a case instituted by the respondent-husband bearing Marriage Petition No. 24 of 2025 titled as "Amit Kamal Tibrewala Vs. Dheeru Amit Tibrewala" pending before the Court of 3rd Joint Civil Judge, S.D. and Additional C.J.M., Thane, Maharashtra to the Court of Additional Family Judge at Vishakhapatnam, Andhra Pradesh.
3. During the pendency of the present petition, with the consent of the parties, the matter was referred to the Supreme Court Mediation Centre for exploring the possibility of an amicable settlement.
4. The parties have entered into a settlement and the Settlement Agreement dated 18.02.2026 is on record.
5. In terms of the aforesaid settlement, a joint application bearing I.A. No.75721 of 2026 seeking dissolution of marriage between the parties by a decree of divorce on the basis of mutual consent has been filed under Article 142 of the Constitution of India.
6. Under the settlement, the parties have inter alia agreed to dissolve their marriage by a decree of divorce subject to the respondent-husband paying a sum of Rs.65,00,000/-(Rupees sixty-five lakhs only) to the petitioner-wife as full and final settlement of all the claims towards alimony, maintenance and welfare etc. The said amount was already paid by the respondent-husband to the petitioner-wife. In addition, the respondent shall return items received by the respondent i.e., jewellery and personal effects.
7. They have also agreed that the custody of the minor daughters shall remain with the petitioner, with the respondent having unhindered visitation and communication rights with respect to the minor daughters.
8. It has also been agreed that all civil and criminal cases pending between the parties shall stand closed, namely:
"a) Case No. FCOP/1477/2022(Including M.P. No. 242/2024) filed by the Petitioner, being Petition under Section 125 of Code of Criminal Procedure, 1973, pending before Ld. Additional Family Court, Vishakhapatnam;
b) Complaint being DVC No.23 of 2023(including CRLMP 4628/2023) filed by Petitioner against the Respondent and his family members namely Mr. Kamal Kumar Tibrewala and Mrs. Santosh Kamal Tibrewala under Section 12 read with Section 13, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the Court of Ld. III Additional Chief Metropolitan Magistrate at Gajuwaka, Vishakhapatnam, Andhra Pradesh;
c) FIR No. 336 of 2023 dated 17.11.2023 against the Respondent and his family members namely Mr. Kamal Kumar Tibrewala and Mrs. Santosh Kamal Tibrewala at Disha UPS Women Police Station, Vishakhapatnam Commissionerate under Section 498A and Section 506 of the Indian Penal Code, 1860 read with Section 3 and 4 of the Dowry Prohibition Act, 1961. Consequently to filing of chargesheet, Case No.CC 2826/2025 has been registered before the Ld. I Additional Chief Judicial Magistrate Court, Vishakhapatnam;
d) Divorce Petition being Marriage Petition No. 24 of 2025 filed by Respondent before the Ld. III Joint Civil Judge, S.D. and Additional CJM Thane Maharashtra;
e) CRLRC 990/2024 registered on 04.10.2024 filed by Respondent before the Hon'ble High Court of Andhra Pradesh at Amaravathi Bench, for setting aside the interim order dated 19/01/2024 passed in CRL MP No.129/2023 in F.C.O.P. NO. 1477/2022.
f) CRLP 6471/2024 registered on 13/09/2024 filed by Respondent and his family members namely Mr. Kamal Kumar Tibrewala and Mrs. Santosh Kamal Tibrewala before the Hon'ble High Court of Andhra Pradesh at Amaravathi Bench for quashing of FIR No.336 of 2023 lodged at the Disha UPS Women Police Station, Visakhapatnam Commissionerate, on date: 17-11-2023 for the offence punishable under Section 498-A and 506 of the Indian Penal Code, 1860 and Section 3 and 4 of Dowry Prohibition Act;
g) Transfer Petition bearing Diary No. 49545 of 2025 filed by Respondent before the Hon'ble Supreme Court seeking transfer of DVC No. 23 of 2023 pending before the Court of Ld. III Additional Chief Metropolitan Magistrate at Gajuwaka, Vishakhapatnam, Andhra Pradesh; and
h) Transfer Petition bearing Diary No. 49546 of 2025 filed by Respondent before the Hon'ble Supreme Court seeking transfer of F.C.O.P. No. 1477 of 2022 pending before the Court of Ld. Additional Family Judge, Vishakhapatnam situated at Additional Family Court, Visakhapatnam for maintenance of Petitioner and the minor daughters."
9. Considering the fact that the marriage has been irretrievably broken down and the parties have agreed to live separately, we consider it proper to exercise our power under Article 142 of the Constitution of India and direct for drawing a decree of divorce by mutual consent in Divorce Petition being Marriage Petition No. 24 of 2025 filed by Respondent before the Ld. III Joint Civil Judge, S.D. and Additional CJM Thane Maharashtra which shall stand closed accordingly.
10. Similarly, all other cases referred to above shall also stand closed.
11. The parties shall remain bound by the terms and conditions of the Settlement Agreement.
12. The application being I.A. No.75721 of 2026 is allowed in the above terms and the transfer petition stands disposed of accordingly.
13. The settlement agreement shall form part of this order.
14. The Registry shall inform the respective Courts about this order where the proceedings are pending in the aforesaid cases.
15. We place on record our appreciation for the sincere work done by the Supreme Court Mediation Centre in facilitating the parties to arrive at a settlement.
16. Pending application(s), if any, shall stand disposed of.
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