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2025 Supreme(Online)(SC) 6891

SUPREME COURT OF INDIA
P. KAVITHA VS. P.SRIRAM
T.P.(C) No. 935/2024



IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 9 3 5 OF 202 4 P. KAVITHA PETITIONER(S)

VERSUS P.SRIRAM RESPONDENT(S)

O R D E R

The present transfer petition has been filed by the petitioner-wife seeking transfer of Divorce Petition in O.P.No. 1750 of 2016, filed under Section 13(1) (1a) of the Hindu Marriage Act, 1955, pending before the Court of XV Additional District and Sessions Judge-cum-XV Additional Metropolitan Sessions Judge-cum-II Additional Family Judge, Ranga Reddy District, Kukatapally, Hyderabad, Telangana to the First Additional Family Court, Chennai.

2. During the pendency of the proceedings, the parties were referred to the Supreme Court Mediation Centre for exploring the possibility of an amicable settlement.

3. We have heard learned counsel appearing for the parties and also interacted with the parties, who were identified by their respective counsel, virtually.

4. Today, both the parties have submitted that the dispute Signature Not Verified Digitaliy signnedt byer se between them has been amicably settled by mutual VARSHA MENDIRATTA Date: 2025.07.25

16:59:55 IST Reason:

consent, in terms of the Settlement Agreement dated

16.07.2025.

5. The terms and conditions of the Settlement Agreement dated 16.07.2025, are reproduced below for ready reference:-

“ SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Petitioner- P. Kavitha Dlo Shri PVRS Mani Kumar W/o P Sriram R/o. No. 32, Olde No.6 Jamalia Nagar Perambur High Road, Chennai- 600012 (here in after referred to as Petitioner-Wife) and Mr. P. Sriram S/o Late Mr. PV C Krishna Rao, Plot No. 1-2-22, Flat No. 701, Bhavyas Akhila Exotica (Next to Bhramaramba -Mallikarjuna theatres) Hydernagar, Kukatpally Medchal Malkangiri (Dt) Hyderabad -500085 (here in after referred to as Respondent-Husband).

1. It was stated during mediation that the marriage of the Parties was solemnized on 15.02.2008 at Shree Geetha Bhavan Trust (Regd) Kalyana Mandapam, Gopalapuram, Chennai, Tamil Nadu -600086 as per Hindu rites & rituals. It is stated that parties are blessed with one male child born on 11.12.2008 from the wedlock. The marriage is said to be dead for all practical purposes. The Couple stayed with each other barely for 10 months that too in bits and pieces. Due to the parties being incompatible to each other, they started to live separately w.e.f

05.07.2014.

2. The Hon'ble Supreme Court vide Order dated 27.02.2025 was pleased to refer the instant Transfer Petition for mediation and directed the parties to appear before the Supreme Court Mediation Centre on

05.03.2025.

3. Mediation was accordingly scheduled through Video Conference on 05.03.2025, 29.03.2025, 12.04.2025, 25.04.2025, 13.05.2025, 15.05.2025, 23.05.2025 & 04.06.2025, 28.06.2025 & 04.07.2025 where a Comprehensive Joint and separate Mediation Sessions were conducted with the parties and their respective Counsels. All the sessions were conducted through Video Conference.

4. It further transpired during mediation that the disputes between the Parties have escalated to the filing of the following cases:

(i) The Respondent has filed Divorce Petition bearing O.P.No.

1750/2016 in LB Nagar Family Court on 23.08.2016 and the same is presently pending adjudication before the Ld. Ill Addl District & Session Judge- Cum-11 Addl MSJ-Cum - Principal Family Court Kukatpally, Telangana. Medchal -- Malkajgiri Distt at Kukatpally, Telangana.

(ii) The Petitioner has filed O.P.N0.673/2024 seeking restitution of conjugal rights U/s 9 of the Marriage Act, 1955 in 2024 which is pending before Ld. 1st Additional Family Court at Chennai.

5. The Parties herein in the presence of Ld. Mediator and their respective counsels have voluntarily and out of their free will and volition. arrived at an amicable settlement through the process of mediation and agreed to dissolve their marriage by mutual consent under section 138 of H.M Act on the terms & conditions set out here under:

I. The Parties agree to seek the

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