1. The petitioner has filed the petition under Section 25 of the Code of Civil Procedure, 1908 read with Order XLI of the Supreme Court Rules, 2013 before this Court seeking transfer of the case, details of which are as under:
"RCS HM No.212/2024 titled as "Saurabh Saraswat vs. Pushplata" from the Court of Principal Judge, Family Court, Sehore, [M.P.] to the Family Court at Mathura, [U.P.]."
2. During the pendency of aforesaid transfer petition, the parties were referred to the Supreme Court Mediation Centre vide order dated 27.01.2025. By virtue of the mediation, the parties have arrived at a settlement and they have decided to part ways on certain terms and conditions which are delineated in the settlement agreement dated 19.03.2026 which has been signed by both the parties, their respective counsel and the Mediator, copy of which has been filed by the Supreme Court Mediation Centre.
3. Learned counsel for the parties have filed a joint application being IA No. 87728 of 2026 with the following prayers:
"A) Allow this application and grant the decree of divorce between the parties under Article 142 of the Constitution of India; and
B) Pass and order to quash all the cases mentioned in para 8 of the present application and para 4 of the agreement dated 19.03.2026 (Annexure A-1)"
4. Further, the terms and conditions and the relevant paragraphs as set out in Settlement Agreement dated 19.03.2026 are as under:
"SETTLEMENT AGREEMENT
"1. Both parties agree, in consultation with their respective family members, to end the existing dispute amicably. They will live separately while maintaining dignity and respect for each other and their families.
2. The Respondent has agreed to pay a total sum of Rs. 4 Lacs to the Petitioner the said amount to be payable in the name of (Lata Saraswat, Account No. 111522010000373, IFSC Code - UBIN09111151, Union Bank of India, Mathura Branch) as expenses, Stridhan, and alimony.
3. Both the parties will file a joint petition for divorce before the Hon'ble Supreme Court, seeking a decree of divorce under Section 13B of the Hindu Marriage Act read with Article 142 of the Constitution of India.
4. Both the parties would also pray before the Supreme Court to dispose of/ quash the following cases pending between the parties:-
A. RCS HM No. 212 of 2024 filed under section 13 of the Hindu Marriage Act, 1955 titled as Saurabh Saraswat -Vs-. Pushplata, pending before the Principal Judge Family Court, Sehore, M.P. filed by the Respondent;
B. Crl Revision Application no. 18480/2022 and 34618 of 2025 Under section 482 of Cr.P.C. before the Hon'ble High Court of Allahabad, filed by the Respondent and his family members;
C. Criminal Case filed by the respondent against the Father, Grandfather and brother of the Petitioner being RCT/0001117/2023 Pending Before the Judicial Magistrate, First class, District Court Sehore, M.P.
D. Proceedings arising out of Criminal Compliant mentioned in counter affidavit filed by the respondent as Annexure CA-3 dated 4.8.2022 @ P=23-24 & Annexure CA-5 dated 20.3.2024 @ P=30-33;
E. Case u/s 498A IPC Case No. 26607 of 2021 pending at Mathura, (U.P) arising out of the FIR being FIR No. 114/20220 PS Mahila Thana u/s 498A, 323, 506, 354 of IPC and section 3 and 4 of dowry prohibition Act, lodged by the petitioner,
F. Case under provision of D.V Act 42/2020 pending before J.M.-8, Mathura, filed by the petitioner.
G. Case under section 340 of Cr.P.C in D.V. Act Case No. 189 of 2023 pending at Mathura (U.P.)
H. Case u/s 125 of Cr.PC. being case no. 348/2020 pending before the Additional Family Judge , Family Court, Mathura, filed by the petitioner.
I. TACR 581 of 2024 arising out of u/s 125 CrPC. Pending before the Hon'ble High Court of Judicature at Allahabad.
J. TACR 297 of 2024 arising out of section 12 of D.V. Act. Pending before the Hon'ble High Court of Judicature at Allahabad.
(Both parties declare no any other case except mentioned in para 4 are pending between the parties, against their family members and filed by their family members.)
(Both parties agree that they will not file any other case against each other or their family member for. Arising out of any matrimonial disputes.)
5. Since the payment is made towards full and final settlement towards future of the petitioner, neither party will have any further claims against the other for any additional money or items.
Execution of Agreement
This Agreement has been executed with a sound mind, body, and soul, and without any coercion, duress, or collusion. The parties hereby undertake to abide by the terms and conditions set out in this Agreement.
This Agreement has been executed in the presence of the father of the Petitioner and in presence of respective counsels of both the parties.
This Agreement is executed at New Delhi.
This Agreement is final and binding upon both the parties. No party would try to not to abide by the terms of this Agreement."
5. We have taken the Joint Application and Settlement Agreement dated 19.03.2026 on record.
6. Having considered the matter in detail and having perused the Settlement Agreement & Joint Application, which is also supported by the affidavits of Ms. Pushplata, Petitioner and Mr. Saurabh Saraswat, Respondent, we are of the view that this is a fit case for exercising power under Article 142 of the Constitution of India to dissolve the marriage between the parties. Consequently, the marriage between the parties which was solemnized on 18.02.2017 stands dissolved by a decree of divorce by mutual consent.
7. We further direct that the following cases pending between the parties before the courts below stand disposed of in terms of the consent terms recorded in our order :
"A. RCS HM No. 212 of 2024 filed under section 13 of the Hindu Marriage Act, 1955 titled as Saurabh Saraswat -Vs-. Pushplata, pending before the Principal Judge Family Court, Sehore, M.P. filed by the Respondent;
B. Crl Revision Application no. 18480/2022 and 34618 of 2025 Under section 482 of Cr.P.C. before the Hon'ble High Court of Allahabad, filed by the Respondent and his family members;
C. Criminal Case filed by the respondent against the Father, Grandfather and brother of the Petitioner being RCT/0001117/2023 Pending Before the Judicial Magistrate, First class, District Court Sehore, M.P.
D. Proceedings arising out of Criminal Compliant mentioned in counter affidavit filed by the respondent as Annexure CA-3 dated 4.8.2022 @ P=23-24 & Annexure CA-5 dated 20.3.2024 @ P=30-33;
E. Case u/s 498A ipc Case No. 26607 of 2021 pending at Mathura, (U.P) arising out of the FIR being FIR No. 114/20220 PS Mahila Thana u/s 498A, 323, 506, 354 of IPC and section 3 and 4 of dowry prohibition Act, lodged by the peti tioner,
F. Case under provision of D.V Act 42/2020 pending before J.M.-8, Mathura, filed by the petitioner.
G. Case under section 340 of Cr.P.C in D.V. Act Case No. 189 of 2023 pending at Mathura (U.P.)
H. Case u/s 125 of Cr.PC. being case no. 348/2020 pending before the Additional Family Judge , Family Court, Mathura, filed by the petitioner.
I. TACR 581 of 2024 arising out of u/s 125 CrPC. Pending before the Hon'ble High Court of Judicature at Allahabad.
J. TACR 297 of 2024 arising out of section 12 of D.V. Act. Pending before the Hon'ble High Court of Judicature at Allahabad."
8. Mr. Manoj Kumar Mishra, learned counsel representing the respondent, has brought demand draft(s) of Rs.4 lakhs. However, Mr. Rishi Matoliya, learned counsel representing the petitioner submits that there is mistake in the name mentioned on the demand draft(s). Mr. Manoj Kumar Mishra undertakes to transfer the said amount directly into the bank account of the petitioner by 23.03.2026 (Monday).
9. Copy of this order shall be sent to the respective Courts as mentioned in the above Paragraph for follow up action.
10. In view of the above, Transfer Petition and Joint Application being IA No. 87728 of 2026 are disposed of. The Registry will draw a decree in the aforesaid terms.
11. It is further directed that the parties shall abide by the terms of this settlement implicitly.
12. Pending applications(s), if any, are disposed of.
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