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2025 Supreme(Online)(SC) 9892

SUPREME COURT OF INDIA
SANJAY KAROL, NONGMEIKAPAM KOTISWAR SINGH, JJ
AKASHDEEP – Appellant
Versus
SMRITI KAUSHAL & ORS. – Respondent
Special Leave to Appeal (Crl.) No. 3643/2025



Advocates:
For the Appellants/Petitioners: Vikas Mehta, Praveen Pahuja, Upasana Pahuja, Mehak Chaudhary, Pranav Sahni, Nitika Grover
For the Respondents: MPS Legal, Prabhat Chaurasia, Saurabh Bhardwaj, Gagandeep Kaushal, Jasdeep Singh Dhillon, Kenisha Savla, Anirudh Jamwal, Aditya Bajaj

Mutual consent in matrimonial disputes allows parties to amicably settle all claims, including alimony and custody.

Headnote:The Court highlighted the benefits of amicable dispute resolution under the relevant matrimonial laws stating that both parties agreed to settle their matrimonial discord by mutual consent, including the dissolution of marriage and settlement terms as detailed. The key issues framed were the terms of dissolution and settlement claims, establishing that agreements regarding alimony and custody were mutually designed, reflecting equitable distribution. The outcome confirmed the joint application for divorce by mutual consent and comprehensive settlement terms.

O R D E R

We are happy to record, with appreciation, the efforts made by Signature Not Verified Digitally sigeneda byrned counsel for the parties in apprising their respective VARSHA MENDIRATTA Date: 2025.10.18

12:57:16 IST Reason:

clients of the benefits and advantages of resolving all disputes through an amicable settlement.

2. The parties, in principle, have agreed to settle their disputes arising out of their matrimonial discord on the following terms:-

(i) The parties were married on 23.01.2023. However, since 2017, they have been residing separately. Two children were born out of the wedlock.

(ii) They intend to file a joint application requesting this Court to pass a decree of dissolution of their marriage by mutual consent.

(iii) All allegations and counter-allegations made against each other shall be deemed to have been withdrawn and expunged from the records.

(iv) Towards full and final settlement of all claims relating to alimony, maintenance (past and future), arrears and streedhan, the respondent-wife has agreed to receive a lump sum amount of Rs.4.5 Crores.

(v) An amount of Rs.1.5 crores shall be paid by the petitioner- husband to the respondent-wife on the next date of hearing and the remaining amount of Rs.3 crores shall be paid by the petitioner- husband in equal installments spread over a period of 18 months. The said remaining amount of Rs.3 crores shall be towards the upbringing and education of the two children, each of whom will receive Rs.1.5 crores out of the same. The petitioner father shall pay the said sum of Rs.3 crores to the wife, who shall act as the nominee and guardian for the two children (Respondents No.2 and 3)

for the said purpose.

(vi) In addition, Flat bearing No.A-71, 1st floor, Front Side, Ashoka Enclave, Part-II, Faridabad, Haryana, shall be transferred by the petitioner-husband in the name of the respondent-wife through a registered deed. All expenses towards registration, mutation and effective transfer and delivery to the respondent-wife shall be borne by the petitioner-husband.

(vii) The custody of the children shall remain with the respondent- mother. However, the petitioner-father shall be entitled to visitation rights on such terms as may be mutually agreed upon with the mother and the children.

(viii) In addition, both the children, respondents no.2 and 3 shall be entitled to inheritance rights over both the parents, petitioner and respondent no.1, in accordance with law.

(ix) Let the parties file a joint application immediately in terms of the above settlement.

(x) All litigations and pending proceedings inter se between the parties shall stand closed.

3. List on 31.10.2025.

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