SUPREME COURT OF INDIA
VIPIN KUMAR SHARMA VS. SHALLY SHARMA
T.P.(C) No. 9/2025
CORRECTED IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO.9/2025 VIPIN KUMAR SHARMA PETITIONER VERSUS SHALLY SHARMA RESPONDENT WITH TRANSFER PETITION (Crl.) No. /2025 @Diary No.4910/2025 TRANSFER PETITION (Crl.) No.313/2025
O R D E R
1. In course of hearing of these transfer petitions, the petitioner-husband (Mr. Vipin Kumar Sharma) and the respondent-wife (Ms. Shally Sharma) were referred to the Supreme Court Mediation Centre.
2. The process of mediation has produced positive results. The Mediator has sent a report that the parties have agreed to resolve the inter se disputes and differences amicably. It has also been decided by them to apply before this Court seeking dissolution of their marriage by mutual consent under Article
142 of the Constitution of India.
3. The parties have jointly filed an application under Article 142 of the Constitution of India. Although the said joint Signature Not Verified application is not on record, the parties have tendered the same Digitally signed by rashmi dhyani pant Date: 2025.12.23 Reason: in Court. We take the said joint application on record. The prayers therein read as follows:
“a. Exercise its plenary powers under Article 142 of the Constitution of India and dissolve the marriage solemnized between the parties on 26.04.2007, by granting a decree of divorce, in terms of settlement agreement dated 03.07.2025;
b. Dispose or quash all the cases above mentioned which were filed in Gurugram and Muzaffarnagar by both the parties respectively;
c. Direct that the Settlement Agreement annexed hereto may be taken on record and made part of the decree;
d. Pass such other and further orders as may be deemed just and proper in the facts and circumstances of the case.”
4. Memorandum of understanding agreed by and between the parties inter alia reads as follows:
“1. The Parties agree that the marriage between them has irretrievably broken down due to irreconcilable differences and that it shall not be possible for them to stay together as husband and wife.
2. That the Parties agree that they shall file appropriate application under Article 142 of the Constitution of India before the Hon'ble Supreme Court, seeking decree of divorce and quashing / disposal of abovesaid cases. 3. In consideration of the above, First party agrees to clear the loan amount in the property bearing No. F-403, Godrej Summit, Sector 104, Gurugram - 122006 Haryana as equitable mortgage in Bank HDFC, Branch at Gurugram Sector - 14 against the Loan No. 647110176. The First party will clear the loan dues on or before 30.09.2025. The First Party undertakes that after clearing of the loan will transfer his 50% share existed in the said property to Second Party through transfer deed. The Second Party shall bear the stamp duty and expenses. Both the parties undertakes that they will cooperate with each other for all the documentation required for transferring the title qua the said property. The First Party undertakes that he will clear all the maintenance and dues of the said property upto 30.10.2024 and thereafter the subsequent maintenance and dues shall by the Second Party.
4. That Second Party undertakes that as and when the aforesaid loan amount mentioned in para No. 3 clears, immediately not beyond 7 days Second Party will transfer her share in the said property through transfer deed situated at plot No. 2095, Sector - A, part of Khasra No. 55/23 & 62/3 in residential colony known as "GREENFIELDS", Faridabad, situated in the revenue estate of village sarai Khawaja, Tehsil & Distt. Faridabad, Haryana in the name of First Party namely Vipin Kumar Sharma. The stamp duty if any shall be bear by First Party. Both the parties undertakes that they will cooperate each other for all the documentation required for transferring the title qua the said property. 5. That the Second party undertakes that she will return the following jewellery to First Party at the time on the next date of hearing before the Hon'ble
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