SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(SC) 11608

SUPREME COURT OF INDIA
SANJAY KAROL, PRASHANT KUMAR MISHRA, JJ
POOJA SHARMA – Appellant
Versus
PRATEEK SHARMA – Respondent
Transfer Petition (C) No. 1337/2025



Advocates:
For the Appellants/Petitioners: Mr. Rishi Matoliya, Mr. Nikhil Kumar Singh, Mr. Raghuveer Pujari, Ms. Sumati Sharma, Ms. Kamal Soni
For the Respondents: Ms. Rashmi Singhania

Dissolution of marriage by mutual consent, validated under Section 13B of the Hindu Marriage Act via settlement agreement.

Headnote:(A) Article 142 of the Constitution of India - Family Law - Dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955 - Parties resolved disputes amicably and agreed on settlement terms, including financial compensations and closure of pending cases - The decree of divorce is granted in accordance with the settlement agreement. (Paras 5, 6, 7)

(B) Settlement Agreement - Terms outlined included a sum for past, present, and future claims, with consent to quash ongoing legal proceedings. (Para 3)

Facts of the case:
The petitioner and respondent filed a joint application for dissolving their marriage amicably, with terms including financial compensation and closure of related legal proceedings.

Findings of Court:
The court issued directions for divorce, formal closures of pending cases, and adherence to the settlement agreement.

Issues: Whether the mutual consent terms negotiated by the parties warranted judicial approval to dissolve the marriage and quash related cases.

Ratio Decidendi: The court upheld the principles of mutual consent in granting divorce, reinforcing the legal recognition of settlement agreements as valid under marital law.

Result: I.A. No. 180068 of 2025 is allowed and the Transfer Petition stands disposed of.

Table of Content
1. petition for divorce by mutual consent and settlement. (Para 1 , 3)
2. approval of terms and conditions for dissolution and closure of cases. (Para 5 , 6 , 7)

O R D E R

1. A joint application being I.A. No. 180068 of 2025 has been filed seeking appropriate directions under Article 142 of the Constitution of India for dissolving their marriage as per the terms of the Settlement Agreement dated 23.07.2025, a copy whereof is filed as Annexure-A-1 (Page Nos.12-15 of the application).

2. Learned counsel for the parties have submitted that all the disputes and differences between the parties have been amicably resolved, and the parties have decided to part ways on certain terms and conditions. Accordingly, appropriate and necessary orders may be passed in accordance therewith.

3. As agreed between the parties, the respondent-husband has paid to the petitioner-wife a total a sum of Rs.25,00,000/- (Rupees twenty-five lacs only) against all her past, present Signature Not Verified and future claims, viz., expenses to marriage, alimony, Digitally signed by RAJNI MUKHI Date: 2025.08.25 Reasomn:aintenance etc. and any other claim whatsoever.

4. It is further agreed between the parties that the following cases shall stand closed and/or quashed:

(i) HMA No. 19/2025 pending before the Family Court, Parbhani, Maharashtra (Section 13 HMA).

(ii) FIR No. 36/2025, PS- Mahila Thana (Sikar) on 02.07.2025 lodged by the Petitioner u/s 406, 323, 85, Indian Penal Code, 1860 and 115(2) and 316(2) Bhartiay Nyay Sanhita, 2023.

5. In view of the above, the following directions are issued:

i) The marriage solemnized on 27.11.2023 between the petitioner-wife, and the respondent-husband, is hereby dissolved by a decree of divorce by mutual consent;

ii) All the legal proceedings pending inter se the parties, as indicated above, shall stand closed/quashed;

iii) Decree be drawn up accordingly;

iv) It goes without saying that both parties will continue to abide by the terms of the Memorandum of Understanding without any exception;

v) Registry is directed to forward a copy of this order to the foras/courts concerned for passing formal orders closing the cases; and vi) The Settlement Agreement dated 23.07.2025 shall form part and parcel of this order.

6. We record our appreciation for the reasonable stand taken by the parties, as well as the cooperation extended by their respective counsel.

7. In view of the above facts, I.A. No.180068 of 2025 is allowed and the Transfer Petition stands disposed of.

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

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

(SANJAY KAROL)

.....................J. (PRASHANT KUMAR MISHRA)

NEW DELHI;

14TH AUGUST, 2025 ITEM NO.56 COURT NO.12 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (C) No. 1337/2025 POOJA SHARMA Petitioner(s)

VERSUS PRATEEK SHARMA Respondent(s)

(IA No. 180068/2025 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A.)

Date : 14-08-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) :Mr. Rishi Matoliya, AOR Mr. Nikhil Kumar Singh, Adv.

Mr. Raghuveer Pujari, Adv.

Ms. Sumati Sharma, Adv.

Ms. Kamal Soni, Adv.

For Respondent(s) :Ms. Rashmi Singhania, AOR UPON hearing the counsel the Court made the following

O R D E R

1. I.A. No.180068 of 2025 is allowed and the Transfer Petition stands disposed of in terms of signed ordeer.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top