IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO(S).2430/2024 VANDANA SHARMA PETITIONER(S)

VERSUS GOBIND SHARMA RESPONDENT(S)

O R D E R

1. Heard the learned counsel appearing for the parties.

2. Both, the petitioner/wife and the respondent/husband, are personally present. They accept that they have signed the Settlement Agreement dated 28^th March, 2025 in presence of the learned Mediator appointed by the Supreme Court Mediation Centre. The Supreme Court Mediation Centre has forwarded a copy of the Settlement Agreement which is placed on record along with the office report. A copy of the said Settlement Agreement is also placed on record along with IA No.109234/2025.

3. The marriage between the petitioner/wife and the respondent/husband was solemnized on 21^st May, 2004. There is one male and one female child born to the parties. Till March 2019, the parties have resided together. There are already five cases pending arising out of the matrimonial dispute.

Signature Not Verified 4. A perusal of the Settlement Agreement shows that all ASHISH KONDLE D 15 a : t 4 e 4 : : 2 0 0 4 2 I 5 S . T 05.06 issues including the maintenance, Stridhan, etc. as well as Reason:

custody and visitation rights of the minor son have been sorted out and resolved. The parties are praying for exercise of our jurisdiction under Article 142 of the Constitution of India for dissolving the marriage between them by mutual consent. An amount of Rs.75,51,000/- (Rupees Seventy-five Lakh and Fifty-one Thousand) has been paid today by the respondent/husband by handing over the demand drafts, the copies of which have been annexed to IA No.109234/2025. The learned counsel appearing for the petitioner has handed over the said demand drafts to the petitioner/wife.

5. We are of the view that the marriage between the petitioner/wife and the respondent/husband has been irretrievably broken down and, therefore, this is a fit case to exercise our jurisdiction under Article 142 of the Constitution of India to dissolve the marriage.

6. Accordingly, we pass the following order:

i. The marriage between the petitioner – Vandana Sharma and the respondent – Gobind Sharma solemnized on 21^st May, 2004, is hereby dissolved by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955;

ii. Total five cases are pending between the parties arising out of the matrimonial dispute which are listed in clause 3 of the Settlement Agreement. We direct that Divorce Case No.106 of 2019, subject matter of this Transfer Petition, pending before the Court of the learned Principal Judge, Family Court, Vaishali (Hajipur), Bihar, stands disposed of in terms of this order;

iii. Complaint Case No.2611/2019 pending before the learned Judicial Magistrate, 1^st Class, East Singhbhum, Jamshedpur, is hereby quashed;

iv. Criminal Revision No.1350/2023 pending before the High Court of Jharkhand stands disposed of;

v. Criminal M.P. No.3928/2022 will not survive as we have quashed the aforesaid complaint;

vi. Clauses 5 to 10 of the Settlement Agreement read thus:

“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. 75,51,000/- (Rupees Seventy Five Lakhs and Fifty One 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. Hereinafter, no claim on account of maintenance, alimony, stridhan etc, shall be raised by the Petitioner wife.

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 March 2019, i.e. for