The court affirmed that mutual consent and settlement can lead to divorce proceedings being resolved under Article 142 of the Constitution.

O R D E R

1. Heard learned counsel for the parties.

2. The present transfer petition has been filed by the petitioner-wife seeking transfer of a divorce case the respondent-husband bearing O.S. (HMA) Petition No. 961 of 2023, titled as “Saumitra Narain vs. Nishu Prasad” pending before the Court of the Principal Judge, Family Court, Ranchi, Jharkhand to the Court of the Principal Judge, Family Court, Bangalore, Karnataka.

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 Verified Digitally signed by g De ae teta : 2a 0h 2u 5ja .05.26 4. The parties have entered into a settlement and the

16:12:53 IST Reason:

Settlement Agreement dated 01.05.2025 is on record.

5. In terms of the aforesaid settlement, a joint application bearing I.A. No.128951 of 2025 seeking dissolution of marriage between the parties by a decree of divorce on the basis of mutual consent, has been under Article 142 of the Constitution of India .

6. Under the settlement, the parties have inter alia agreed to divorce each other and live separately. The custody of the seven year old boy shall be with the mother.

7. The respondent-husband has agreed to pay a sum of Rs.65,00,000/- (Rupees sixty five lakhs only) to the petitioner-wife wife towards full and final settlement of all the claims and in addition to pay and clear Rs.2,35,000/- (Rupees two lakhs thirty five thousand only) as maintenance due in Case NO.26/DV/2021. At the time of signing of agreement, the maintenance amount of Rs.2,35,000/- (Rupees two lakhs thirty five thousand only) was paid to the petitioner-wife. The agreed amount of Rs.65,00,000/- (Rupees sixty five lakhs only) has been handed over to the learned counsel for the petitioner- wife today in Court by way of two demand drafts. The details of the said demand drafts are as under:

i. Demand Draft No.529202 dated 17.05.2025 drawn on Union Bank for a sum of Rs.25,00,000/- (Rupees twenty five lakhs only) in favour of the petitioner-wife.

ii. Demand Draft No.278617 dated 16.05.2025 drawn on Canara Bank for a sum of Rs.40,00,000/- (Rupees forty lakhs only) in favour of the petitioner-wife.

8. It has also been agreed that all civil/criminal cases pending between the parties shall stand closed. The details of the pending case is as under :

i. Domestic violence case filed by the petitioner-wife bearing Criminal Case No.26/DV/2021 titled Nishu Prasad vs. Saumitra Narain & Ors. Pending in the Court of Metropolitan Magistrate, 34^th Court, Vikhroli, Mumbai.

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-O.S. (H.M.A.) Petition No.961/2023 titled as “Saumitra Narain vs. Nishu Prasad” pending before the Principal Judge, Family Court, Ranchi, Jharkhand which shall stand closed accordingly.

10. The parties shall remain bound by the terms and conditions of the Settlement Agreement and all disputes/cases between them shall stand closed and decided in terms of the settlement.

11. The application being I.A. No.128951 of 2025 is allowed in the above terms and the transfer petition stands disposed of accordingly.

12. The Registry shall inform the respective Court about this order.

13. We place on record our appreciation for the sincere work done by the Supreme Court Mediation Centre in facilitating the parties to arrive at a settlement.

14. The instant transfer petition stands disposed of as above.

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

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

(PANKAJ MITHAL)

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

(S.V.N. BHATTI)

NE