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2025 Supreme(Online)(SC) 10801
SUPREME COURT OF INDIA
SUDHANSHU DHULIA, N.V. ANJARIA, JJ
SHABNAM RASHID & ORS. ETC. – Appellant
Versus
RASHID MALIK & ANR. ETC. – Respondent
TRANSFER PETITION(S)(CRIMINAL) NO(S). 647-651/2024
For the Appellants/Petitioners: Ms. Shivani Luthra Lohiya, Mr. Nitin Saluja, Mr. Rishabh Dahiya, Mr. Kwan Jaggi
For the Respondents: Mr. Danish Zubair Khan, Dr. Lokendra Malik, Mr. George Pothan Poothicote, Ms. Sakshi Kakkar, Mr. Mrigank Mishra
The judgment emphasizes the enforceability of settlement agreements reached between parties in marital disputes under Article 142 of the Constitution.
Headnote:This judgment concerns the transfer of petitions for divorce from Bareilly to New Delhi. Following negotiations, the parties reached a settlement which includes a compensation sum. The court finds that the marriage has irretrievably broken down. The issues revolved around the validity of the divorce proceedings and the settlement terms. Consequently, the court decided to dissolve the marriage by mutual consent and quash the pending litigations.
O R D E R
1. The present proceedings are for transfer of the petitions from Bareilly, Uttar Pradesh to Saket Court, New Delhi. However, in the course of hearing, a settlement has been arrived at between petitioner-Shabnam Rashid and respondents- Mohammad Rashid Malik & Shifa Malik. Thereafter, the parties also appeared before the Registrar (Judicial) of this Court and have agreed to the terms and conditions of Settlement dated
01.05.2025.
Signature Not Verified Digitally signed by N Di arm tea : l 2a 0 N 25e .g 0i 8.08 2. The matter has now come up before this Court. The
12:47:45 IST Reason:
marriage between the parties was solemnized on 27.05.1990. Out of the wedlock, they have two children: one son aged about 34 years old and one daughter aged about 30 years old. The parties have been living separately since the year 2019. The respondent- Mohammad Rashid Malik has also married again and has a second wife. Petitioner- Shabnam Rashid lives separately. They have lived separately now for more than five years. Both the parties have agreed that they cannot live together and there is absolutely no chance of reconciliation of their marriage which has broken down irretrievably. The parties have moved a joint application (I.A. No. 184094/2025) under
The terms and conditions of the Settlement are as follows:-
THIS AGREEMENT THEREFORE WITNESSETH AS UNDER:
A. That the Second Party agrees and undertakes to pay to the First Party a total sum of Rs. 60,00,000/- (Rupees Sixty Lakhs Only) towards the settlement of her claims in relation to Mehr and one-time maintenance arising from the matrimonial relationship.
B. The Second Party agrees and undertakes that the said amount of Rs. 60,00,000/-
(Rupees Sixty Lakhs Only) shall be paid by him to the First Party in 3 (Three)
installments and in the following manner:
a. Cheque number 328957 dated 07.05.2025 (SBI Bank, Branch:
Rampur Garden, Bareilly, U.P.; A/C No. 35127614974) of the amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) towards the First Instalment has already been handed over by the Second Party to the First Party, drawn in the name of the First Party, simultaneously at the time of execution of the present Agreement. The Parties agree that the execution of the present Agreement is only acknowledgment of the handing over of cheque of Rs.
20,00,000/- and not of the encashment thereof. The Second Party agrees and undertakes that the said cheque handed over shall be honoured without fail on any date after 07.05.2025. It is agreed that the First Party shall present / deposit the same to / before her concerned bank any time on / after 07.05.2025.
b. Rs. 20,00,000/- (Rupees Twenty Lakhs only) shall be paid by the Second Party to the First Party by way of RTGS /Demand Draft/NEFT/IMPS on or before 15.06.2025.
c. Rs. 20,00,000/- (Rupees Twenty Lakhs only) shall be paid by the Second Party to the First Party by way of RTGS /Demand Draft/NEFT/IMPS on or before 30.07.2025.
C. That subject to the fulfillment of all the terms and conditions of the present Settlement Agreement / Memorandum of Understanding, the Parties herein agree and undertake that they have No Objection to the quashing of all pending litigations, including any / all criminal and civil proceedings, instituted by any of the Parties against each other and / or their respective family members by the Hon’ble Supreme Court of India in exercise of its inherent powers under
a. An Application under the Protection of Domestic Violence Act, 2005 filed by the First Party against the Second Party, bearing C.C. No. 14957 of 2019 titled “Shabnam Rashid v. Rashid Malik”, before the Ld. Metropolitan Magistrate South-East, Saket District Court, New Delhi (alongwith all proceeding
