Back
2025 Supreme(Online)(SC) 7075
SUPREME COURT OF INDIA
M.M. SUNDRESH, NONGMEIKAPAM KOTISWAR SINGH, JJ
ANU SHARMA – Appellant
Versus
ANSHUL GUPTA – Respondent
Transfer Petition(s)(Civil) No(s). 1932/2024
For the Appellants/Petitioners: Ms. Qurratulain, Ms. Shagun Mishra
For the Respondents: Mr. Naresh Kumar, Ms. Bhuvneshwari Pathak, Mr. Shivam Parashar
Mutual consent divorce is valid under Article 142 when a settlement agreement is reached, facilitating closure of related legal proceedings.
Headnote:(A) Article 142 of the Constitution of India - Divorce by mutual consent - Parties reached a Settlement Agreement; thereby, all claims between them are resolved and a decree of divorce is granted to the petitioner-wife. The cases pending including CT Case No.1526/2022 under DV Act, FIR No. 231/2023 under IPC, and Civil Suit CS/12/2024 are quashed and closed. (Paras 5, 6)
(B) Court's discretion under Article 142 - The court emphasized the significance of amicable settlements in matrimonial disputes, detailing legal frameworks under which settlements can be made enforceable. (Paras 5, 8)
Facts of the case:
The parties mutually agreed to settle their marital disputes and reached an agreement regarding the terms, including financial arrangements, leading to the dissolution of their marriage.
Findings of Court:
The court found the mutual agreement satisfactory and ordered the respective decrees and case closures to facilitate a smooth dissolution.
Issues: The main issue was the enforcement of the Settlement Agreement and the implications of divorce by mutual consent.
Ratio Decidendi: The court clarified that under Article 142, it holds the power to grant a divorce when mutually agreed upon, reinforcing the need for peaceful resolutions in marital conflicts.
Result: The Transfer Petition is disposed of in terms of the signed order.
| Table of Content |
|---|
| 1. court acknowledges presence of parties and settlement terms. (Para 1 , 3) |
| 2. settlement agreement leads to mutual consent divorce. (Para 2 , 4 , 5) |
| 3. court disposes of cases based on mutual agreement. (Para 6 , 8 , 9) |
O R D E R
1. The petitioner and respondent No.1 are present in the Court.
The mother of respondent No.1 is also logged in online. We have heard the learned counsel appearing for the parties.
2. An application has been filed by the learned counsel appearing for the parties as I.A. No. 171122/2025 bringing to the notice of this Court a Settlement Agreement dated 21.04.2025 duly signed by the parties and attested by the learned counsel for both the sides, to the effect that the matter has been resolved between the parties.
3. We have perused the averments made in IA No.171122/2025 along with the affidavit filed by the mother of respondent No.1 being respondent No. 2.
4. In tune with the said Settlement Agreement, a total sum of Rs.6,00,000/- (Rupees Six Lakhs only) has been received by the petitioner - wife, including a Demand Draft of Rs.4,00,000/- (Rupees Four Lakhs only) which has been handed over to the Signature Not Verified Digitally signed by SWETA BALODI petitioner-wife by the respondent-husband in the presence of Date: 2025.07.28
17:46:35 IST Reason:
this Court, a copy of which is placed on the file.
5.Accordingly, by invoking our power under
6. Consequently, the following cases are quashed/closed:
1.CT Case No.1526/2022 under Section 12 of DV Act, 2005, pending before the Chief Metropolitan Magistrate, Shahdara, Karkardooma Court, 2.FIR No. 231/2023 dated 28.3.2023 at PS Nand Nagari, Delhi under Section 498A , 406,354 and 34 of the IPC, and
3.Civil Suit bearing CS/12/2024, pending before the Court of the Civil Judge (Senior Judge), Gurugram, under Section 34 of the Specific Relief Act, 1963 .
7. A decree of divorce be drawn up accordingly. Copy of this order be sent to the concerned Courts for placing the same on the files of the respective cases and consign it to record.
8. Accordingly, IA No.171122/2025 is allowed, and the Transfer Petition stands disposed of.
9. Pending application(s), if any, shall also stand disposed of.
……………………………………………………………………J.
[M.M. SUNDRESH]
………………………………………………………………………J. [NONGMEIKAPAM KOTISWAR SINGH]
NEW DELHI;
24th JULY, 2025 ITEM NO.3 COURT NO.6 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 1932/2024 ANNU SHARMA Petitioner(s)
VERSUS ANSHUL GUPTA & ANR. Respondent(s)
[MEDIATION REPORT RECEIVED]
IA No. 161547/2024 - EX-PARTE STAY IA No. 161549/2024 - EXEMPTION FROM FILING O.T.
Date : 24-07-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Ms. Qurratulain, AOR Ms. Shagun Mishra, Adv.
For Respondent(s) Mr. Naresh Kumar, AOR Ms. Bhuvneshwari Pathak, AOR Mr. Shivam Parashar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
I.A. No. 171122/2025 is allowed and the Transfer Petition is disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
