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2025 Supreme(Online)(SC) 4990

SUPREME COURT OF INDIA
SANJAY KUMAR, K.V. VISWANATHAN, JJ
AMIT GOPAL MAHESHWARY & ORS. – Appellant
Versus
KARISHMA AMIT MAHESHWARY – Respondent
TRANSFER PETITION (CRIMINAL) NO. 78/2025|TRANSFER PETITION (CIVIL) NO. 247/2025



Advocates:
For the Appellants/Petitioners: Mr. Aditya Hooda, Mr. Rahul Kaushik, Ms. Bhuvneshwari Pathak, Mr. Shivam Parashar
For the Respondents: Mr. Aditya Hooda, Mr. Rahul Kaushik, Ms. Bhuvneshwari Pathak, Mr. Shivam Parashar

The court can dissolve a marriage by mutual consent under Article 142 of the Constitution when parties are mature and have exhausted reconciliation.

Headnote:In this judgment, the Court deliberated on the legal framework under Article 142 of the Constitution and examined the circumstances leading to the mutual settlement between the parties, leading to the decision to dissolve their marriage by mutual consent. The Court observed that the parties were of mature age, had been separated for a significant duration, and had clearly expressed their inability to reconcile, satisfying the legal requirements for divorce. Consequently, the Court quashed multiple pending cases between the parties, exercising its jurisdiction. The transfer petitions are disposed of in accordance with the agreed terms.

Table of Content
1. mutual settlement leads to court exercising jurisdiction. (Para 2)
2. multiple pending proceedings quashed in light of agreement. (Para 3 , 4 , 5 , 6 , 7 , 8)

O R D E R

During the pendency of these transfer petitions, the parties settled their disputes out of Court and reduced the terms thereof to writing in the Mutual Settlement Agreement dated 28.04.2025. A joint application has also been filed by the parties on the strength thereof seeking appropriate directions, including a prayer for dissolution of their marriage.

The parties got married on 03.07.2023, but have been staying separately since 04.09.2024. The parties are of sufficient maturity, being in their forties, and as they assert that there is no possibility of reconciliation, the same would have to be accepted at this stage.

In that view of the matter, we deem it appropriate to exercise our jurisdiction under Article 142 of the Constitution of Signature Not Verified Digitally signed by babita pandey Date: I202n5.0d5.27ia and dissolve the marriage between the parties. A decree of

10:08:31 IST Reason:

divorce by mutual consent will be drawn up in that regard.

In the light of the Mutual Settlement Agreement dated

28.04.2025, there would no purpose served in requiring them to pursue the various cases instituted against each other.

We, therefore, exercise our jurisdiction under Article 142 of the Constitution of India and quash/dispose of the following proceedings/cases pending inter se the parties:

1. H.M.A. Petition No. 1844/2024, titled “Amit Maheshwary vs. Karishma Kartieya Lunia”, pending before the Family Court-1, Jaipur, Metro I, Jaipur.

2. Domestic Violence Act Case, titled 'Mrs.

Karishma Amit Maheshwary vs. Mr. Amit Gopal Maheshwary & Ors', with case number 144/DV/2024 pending before the Ld. Judicial Magistrate First Class, 62nd Court, Dadar, (At Sewree) Mumbai.

3. Complaint No. 31762/2025 pending before the Ld. Judicial Magistrate Number 9, Jaipur Metro I, titled as 'Karishma Kartikeya Lunia vs. Amit Maheshwary and Ors'.

4. Complaint No. 993/2025 pending before the Ld.

Additional Chief Judicial Magistrate Number

8, Jaipur Metro I, titled 'Karishma Kartikeya Lunia vs. Amit Maheshwary'.

5. Complaint Number 0964/2024 filed by the Second Party against the First Party at PS Jawahar Circle, Jaipur East.

6. Complaint Number 0993/2025 filed by the Second Party against the First Party at PS Jawahar Circle, Jaipur East.

7. Complaint Number 105/2025 filed by the Second Party against the First Party at PS Mahila Thana, Gandhinagar, Jaipur East.

8. Complaint Number 269/2025 filed by the First Party against the Second Party before the Additional Commissioner of Police, Malviya Nagar, Jaipur East The parties shall be bound by the terms and conditions of the Mutual Settlement Agreement dated 28.04.2025 and shall abide by them scrupulously.

The transfer petitions are disposed of in the above terms.

Pending application(s), if any, shall be disposed of.

..................J.

(SANJAY KUMAR)

..................J.

(K.V. VISWANATHAN)

NEW DELHI;

MAY 22, 2025.

ITEM NO.8 COURT NO.15 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Criminal) No. 78/2025 AMIT GOPAL MAHESHWARY & ORS. Petitioner(s)

VERSUS KARISHMA AMIT MAHESHWARY Respondent(s)

IA No. 29685/2025 - EXEMPTION FROM FILING O.T. AND IA No.

29683/2025 - STAY APPLICATION WITH T.P.(C) No. 247/2025 (XV)

IA No. 116524/2025 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A., IA No. 26927/2025 - EX-PARTE STAY AND IA No.

26928/2025 - EXEMPTION FROM FILING O.T.

Date : 22-05-2025 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Aditya Hooda, Adv.

M/s. Hooda & Co., AOR Mr. Rahul Kaushik, Sr. Adv.

Ms. Bhuvneshwari Pathak, AOR Mr. Shivam Parashar, Adv.

For Respondent(s) Mr. Aditya Hooda, Adv.

M/s. Hooda & Co., AOR Mr. Rahul Kaushik, Sr. Adv.

Ms. Bhuvneshwari Pathak, AOR Mr. Shivam Parashar, Adv.

UPON hearing the

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