The court affirmed the validity of a mutual settlement reached through mediation leading to the dissolution of marriage under Article 142 of the Constitution.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION TRANSFER PETITION (CIVIL) NO. 3114/2024 Along with I.A. No.163219/2025 RENU VIPIN SHARMA ...PETITIONER VERSUS VIPIN SHARMA ….RESPONDENT ORDER Heard learned advocates for the respective parties.

2. The present proceedings were in the nature of transfer petition filed by the petitioner-wife in which prayer was advanced to Transfer Marriage Petition No. 2552 of 2024 filed by respondent-husband under Section 13(1)(a) of the Hindu Marriage Act , 1955 from the court of Principal Judge, Family Court, Agra (Uttar Pradesh) to the Court at Kalyan (Maharashtra).

3. This Court issued notice in the transfer petition on Signature Not Verified D N i A g R ita E ll N y D s R i2g A n e P d9R b A y S.A1D 1.2024. By order dated 20.03.2025 as desired by both the Date: 2025.08.14

19:25:50 IST Reason:

sides through their counsels, the court referred the parties to mediation to explore the possibility of settlement. When the proceedings came up before the Court on 17.07.2025, the court was informed that the parties had arrived at settlement in the mediation process.

3.1 On that date, as the order reflects respondent-husband and petitioner-wife were present in person and they confirmed before the court that they had willingly entered into a settlement. They further stated that a joint application for dissolution of marriage under Article 142 of the Constitution has been filed. Respondent ₹

handed over Demand Draft for 20,40,000/- (Rupees Twenty Lakhs Forty Thousand only) as second and final instalment to the petitioner-wife, as agreed by them in the settlement.

4. Today the proceedings came up for consideration before the Court along with IA No. 163219 of 2025 which is a joint application filed by the parties under Article 142 of the Constitution. They have also filed a copy of the settlement agreement dated 23.05.2025 along with the said joint application as well as separately.

4.1 Both the parties have jointly prayed before this Court to invoke its power under Article 142 of the Constitution and pass a decree of divorce dissolving the marriage between them in terms of the settlement agreement dated 23.05.2025. Learned advocates jointly submitted that in view of the settlement, prayer made in the application may be granted.

5. It is not in dispute that through mediation process the parties have arrived at a settlement and the terms have been reduced in black and white in the settlement deed dated 23.05.2025. Looking at the main aspects of the settlement reached between the parties, the second party the husband has ₹

agreed to pay a one-time lumpsum amount of 40,40,000/- (Rupees Forty Lakhs Forty Thousand only) to the petitioner-wife towards her all claim as past, present and future. The payment of ₹

the said amount of 40,40,000/- (Rupees Forty Lakhs Forty Thousand only) is to be made in two stages.

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5.1 The first instalment of 20,00,000/- (Rupees Twenty Lakhs only) was paid on the date of signing of the settlement agreement by way of Demand Draft No. 804300 issued on the State Bank of ₹

India, Agra. The second part of the payment of 20,40,000/- (Rupees Twenty Lakhs Forty Thousand only) was paid to the petitioner-wife as recorded in order dated 17.07.2025. Thus, the ₹

total amount of 40,40,000/- (Rupees Forty Lakhs Forty Thousand only) have been paid to the wife, as agreed.

5.2 Two matrimonial proceedings were initiated by the parties. First was Marriage Petition No. 1346 of 2024, filed by the petitioner-wife which was filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act , 1955 before the court of Civil Judge (Senior Division) Kalyan, Maharashtra. The second was Divorce Petition No. 2552 of 2024 under section 13(1) of the Hindu Marriage Act , 1955 filed by the respondent-husband at Agra court. As per the terms of settlement, the parties have requested that this Court may order disposa