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2025 Supreme(Online)(SC) 4993

SUPREME COURT OF INDIA
PANKAJ MITHAL, S.V.N. BHATTI, JJ
SONAL AGGARWAL – Appellant
Versus
VAIBHAV AGGARWAL – Respondent
TRANSFER PETITION(CIVIL) NO. 238/2024|HMA No.1352/2022



Advocates:
For the Appellants/Petitioners: Mr. Yusuf, AOR
For the Respondents: Mr. Sahil Tagotra, AOR, Mr. Sanchar Anand, Adv., Mr. Apoorva Singhal, AOR, Mr. Aman Kumar Thakur, Adv., Mr. Abhishek Bhardwaj, Adv.

The Court emphasized the importance of mutual consent in divorce proceedings, enabling resolution of all associated legal matters.

Headnote:The petitioner-wife sought the transfer of a divorce case from Delhi to Mumbai, referenced as HMA No.1352/2022. The parties opted for mediation and reached a settlement on 30.01.2025. The Court condoned the divorce by mutual consent under Article 142, acknowledging that the marriage was irretrievably broken down and all related cases were closed. Issues framed included the validity of the settlement agreement and implications under Article 142. The Court reasoned that since both parties consented to the terms and had amicably settled their disputes, it was appropriate to decree the divorce as requested. The Court ultimately decrees the divorce and directs the closure of all pending cases between parties, as per the Settlement Agreement.

Table of Content
1. transfer of divorce case based on mutual consent. (Para 2 , 3)

O R D E R

1. Heard learned counsel for the parties.

2. The present petition has been filed by the petitioner-wife seeking transfer of a divorce case instituted by the respondent-husband bearing HMA No.1352/2022 titled as “Vaibhav Aggarwal vs. Sonal Aggarwal” pending before the Court of Principal Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi to the Court of Principal Judge, Family Court, Bandra, Mumbai, Maharashtra.

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.

Signature Not Verified4. The parties have entered into a settlement and Digitally signed by geeta ahuja Date: 2025.05.26 Reason: the Settlement Agreement dated 30.01.2025 is on record.

5. The petitioner and the respondent are present in Court and they have agreed that they have entered into the settlement.

6. In terms of the aforesaid settlement, a joint application bearing I.A. No.127833 of 2025 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 .

7. 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.1,07,50,000/-(Rupees one crore seven lakhs fifty thousand only) to the petitioner-wife as full and final settlement of all the claims towards alimony, maintenance etc. Out of the said amount, a sum of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) was paid by the respondent-husband to the petitioner- wife at the time of signing of the agreement and the balance sum of Rs.1,05,00,000/-(Rupees one crore five lakhs only) has been handed over in Court today to the petitioner-wife by way of five demand drafts. The details of the said demand drafts are as under:

i. Demand Draft No.001829 dated 21.05.2025 drawn on IDFC First Bank, for a sum of Rs.54,00,000/-(Rupees fifty four lakhs) in favour of the petitioner-wife;

ii. Demand Draft No.107994 dated 17.05.2025 drawn on HDFC Bank, for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) in favour of the petitioner-wife;

iii. Demand Draft dated 17.05.2025 drawn on HDFC Bank, for a sum of Rs.10,00,000/-(Rupees Ten Lakhs only) in favour of the petitioner-

wife;

iv. Demand Draft No.528560 dated 17.05.2025 drawn on State Bank of India, for a sum of Rs.21,00,000/-(Rupees twenty one lakhs) in favour of the petitioner-wife;

v. Demand Draft No.864931 dated 16.05.2025 drawn on IDFC First Bank, for a sum of Rs.10,00,000/-(Rupees Ten Lakhs only) in favour of the petitioner-wife.

8. It has also been agreed that all civil and criminal cases pending between the parties shall stand closed, namely:

(i) Maintenance Petition under Section 125 Cr.P.C being Maintenance Case No. 229 of 2023 filed by the petitioner pending before the Principal Judge, Family Court, Shahdara, Karkardooma Courts, Delhi;

(ii) Domestic Violence case being Complaint Case No. 276 of 2023 filed by the petitioner, pending before the Court of Judicial Magistrate, 1st Class, Mahila Court-02, Shahdara, Karkardooma Courts, Delhi; and (iii) FIR No.0292 of 2023 dated 29.03.2023, registered under Section 498 A, 406 AND 34 IPC, P.S. Model Town, lodged by Petitioner-

wife.

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 the Divorce Case-H.M.A. No.1352 of 2022, titled as “Vaibhav Aggarwal Vs. Sonal Aggarwal”, pending in the Court of Principal Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi which shall stand closed accordingly.

10. Similarly, all other cases referred to above shall also

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