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2026 Supreme(SC) 231

SUPREME COURT OF INDIA
AHSANUDDIN AMANULLAH, R. MAHADEVAN, JJ.
Richa Pratik Kulshreshth – Petitioner
Versus
Manjula Pradip Kulshreshth – Respondent
Transfer Petition (Criminal) No. 507 of 2025 With Interlocutory Application No. 42388 of 2026
Decided On : 20-02-2026

Advocates appeared:
For the Petitioner(s): Ms. Shilpi Chowdhary, AOR Mr. Amarkant Patel, Adv. Mr. Vishal Thakre, Adv. Mr. Manish Nagpal, Adv.
For the Respondent(s): Mr. Vijay Pal Sharma, Adv. Mr. Ajit Kulshreshtha, Adv. Mr. Kunwar Singh Bhandari, Adv. Ms. Saumya Sharma, Adv. Mr. Vishal Arun Mishra, AOR

The court has the authority to dissolve a marriage by mutual consent when parties reach an amicable settlement, emphasizing mediation's role in legal disputes.

Headnote:(A) Constitution of India - Article 142 - Transfer Petition seeking transfer of matter pending before magistrate to another jurisdiction, resulting in an amicable settlement between the parties regarding the dissolution of marriage by mutual consent. The parties were referred for mediation and reached an agreement concerning alimony and withdrawal of pending cases against each other. (Paras 5-10)

(B) Mediation - The importance of mediation in resolving matrimonial disputes amicably was emphasized, leading to the finalization of terms for divorce and settlement of claims. (Paras 4-6)

(C) Divorce by Mutual Consent - Court exercised its power under Article 142 to dissolve marriage amicably as both parties consented to the terms of the settlement. (Paras 10-12)

Facts of the case:
The petitioner and respondent were married on 25.11.2020, residing together until April 2024 when conflicts arose, resulting in a divorce petition and various complaints filed by each party against the other.

Findings of Court:
The court granted divorce by mutual consent and acknowledged the settlement amount of Rs. 18,00,000/- as full and final compensation, allowing for peace between both parties.

Issues: Whether the divorce could be granted by mutual consent in light of the settlement reached between the parties and the associated financial arrangements.

Ratio Decidendi: The court reaffirmed that where parties reach an amicable settlement, it is within its power to dissolve the marriage and quash related complaints, emphasizing the role of mediation in such matters.

Result: The Transfer Petition stands disposed of, and marriage is dissolved by mutual consent.

Table of Content
1. settlement terms between parties (Para 3 , 4 , 5 , 6 , 7)
2. court's endorsement of settlement (Para 8)
3. granting of divorce by mutual consent (Para 9 , 10 , 11 , 12)

ORDER

Heard learned counsel for the parties.

2. The petitioner and the respondent are present in-person in Court and have been identified by their respective counsel.

3. The present transfer petition has been filed seeking transfer of Cr.M.A. No.875 of 2025, titled “Manjula Pradip Kulshreshth v. Richa Pratik Kulshreshth”, pending before the Court of 4th Additional Civil & Judicial Magistrate First Class, Old High Court Building, Navragpura, Ahmedabad, Gujarat, to the Court of JFMC, Narmadapuram, Madhya Pradesh.

4. Initially, the parties were sent for mediation at their request.

5. Today, we are informed that the parties have arrived at a settlement and have filed IA No. 42388 of 2026 seeking various reliefs. The Settlement Agreement dated 09.01.2026 is a part of the said application. We have also interacted with the parties and they accept that the application has been filed by them jointly and they are agreeable to the terms noted in the said Settlement Agreement.

6. For the purposes of ready reference, the Settlement Agreement dated 09.01.2026 is reproduced hereunder:

    “SETTLEMENT AGREEMENT

    This Settlement Agreement is entered into between Petitioner- Ms. Richa Pratik Kulshreshth W/o Pratik Kulshreshth, R/o. Ward No. 13, Kalikanagar, Narmada Puram Madhya Pradesh, (here in after referred to as Petitioner/Wife) and Ms. Manjula Pradip Kulshreshth W/o Pradip Kulshreshth, R/o B- 6/72 Goyal Intercity, Drive in Road Ahmedabad (here in after referred to as Respondent) and Mr. Pratik Kulshreshth S/o Pradip Kulshreshth R/o B-6/72 Goyal Intercity, Drive In Road Ahmedabad, Currently resided at 54 Yamuna, SBI Staff Quarters, Opposite Heera Panna Mall, Oshiwara, Andheri (West), Mumbai – 400102 (here in after referred to as Husband of Petitioner).

    1. Whereas the marriage between the petitioner and Respondent/ Husband was solemnized as per Hindu rites and ceremonies on 25.11.2020 at Narmadapuram Hoshangabad, Madhya Pradesh. After marriage parties resided together at Ahmedabad and there is no issue out of this wedlock.

    2. Both the parties resided together as husband and wife till 28 April 2024, and thereafter disputes and differences arose between the parties and since then she is staying with her parents at Narmadapuram Hoshangabad, Madhya Pradesh. The Respondent/ Husband has filed Divorce Petition/ RCS HM/174/ 2024 before the Family Court at Narmadapuram, Madhya Pradesh seeking dissolution of marriage.

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

    (i) Husband of Petitioner, has filed Divorce Petition/ RCS HM/174/ 2024 before the Family Court at Narmadapuram, Madhya Pradesh.

    (ii) Petitioner/wife has filed Complaint No. UNCR/352/2025 pending before JMFC-I, Narmadapuram, Madhya Pradesh.

    (iii) Respondent has filed a Complaint No. CRMAJ875/2025 under D.V. Act, 2005 pending before CJM, Ahmedabad.

    (iv) Petitioner/wife has lodged FIR No. 0616/2024 P.S. Hoshangabad, Kotwali, Under Section 498A, 34 of IPC and 3 & 4 of PREVENTION OF DOWRY ACT , 1961.

    (v) Petitioner/wife has filed a Maintenance Case No. MJC R/179/2024 Under Section 144 (1) BNSS , 2023 pending before Narmadapuram Family Court.

    (vi) Petitioner/wife has filed a Complaint No. MJCR/657/2025 which is pending before One Stop Centre.

    4. Whereas Hon’ble Supreme Court vide Order dated 10.09.2025 in Transfer Petition (Crl) No. 507 of 2025 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 23.09.2025, 15.10.2025, 29.10.2025, 15.11.2025, 29.11.2025, 12.12.2025 (physical and virtual both) and today i.e. 09.01.2026 (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

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