SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE MANMOHAN, HON'BLE MR. JUSTICE RAJESH BINDAL
MONIKA – Appellant
Versus
VIVEK KUMAR – Respondent
174392025
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.957 OF 2025 MONIKA Petitioner VERSUS VIVEK KUMAR Respondent O R D E R
1. The present petition has been filed by the petitioner– wife seeking transfer of the custody case No.GW-59-2024 titled as "Vivek Kumar versus Monika" pending before the Principal Judge, Family Court, Bhiwani, Haryana to the Family Court at Surajpur, Chhattisgarh.
2. At the time of hearing it was pointed out by the learned counsel for the respondent that the complete name of the respondent is ‘Vivek Kumar Dhillon’, though in the petition, it is mentioned as ‘Vivek Kumar’. We take note of it.
3. Vide this Court’s order dated 10th September, 2025, Signature Not Verifitedhe matter was referred for mediation.
ANITA MALHOTRA Date: 2025.12.06 Reason:
4. The dispute between the parties stands settled in terms of the Settlement Agreement dated 27th October, 2025 signed by the parties. An effort made by the Supreme Court Mediation Centre and the learned Mediator, Ms. Sujeeta Srivastava, needs appreciation in this regard.
5. An application has been filed under Article 142 of the Constitution of India for grant of divorce by mutual consent, as all the disputes between the parties stand settled including permanent alimony and custody of the child.
6. As per the Settlement Agreement, entire litigation between the parties shall stand disposed of, the details of which have been mentioned in paragraph 13 of the application. The same is extracted below:
“13. Since the entire dispute in GW-59-2024 is settled through Mediation, both the parties have agreed to move an appropriate Application before this Hon’ble Court by praying as under:
1) The case bearing CHI No.370/2019 (FIR no.155/2019 Bhiwani City Police Station) under Section 498-A, 406, 323, 506 of IPC pending before Ld. Chief Judicial Magistrate, Bhiwani, Haryana filed by the Petitioner is quashed and set aside.
2) The Case bearing MA No.332 of 2019 under Section 12 of D.V.Act, pending before Ld. Chief Judicial Magistrate, Bhiwani, Haryana filed by the Petitioner is quashed and set aside.
3) That the Order dated 01.02.2022 passed by the Ld. Family Court, Bhiwani in Case No.101 of 2019 is set aside and therefore, CRR (F) bearing No.287 of 2022 pending before Hon’ble Punjab and Haryana High Court preferred by the Petitioner challenging order dated 01.02.2022 passed in Case No.101 of 2019 by the Ld. Family Court, Bhiwani, is quashed and set aside.
4) The Order dated 01.02.2022 granting maintenance of Rs.12000/- per month to Petitioner and minor son Vikram Suingh Dhillon is set aside and EXE No.342 of 2025 filed for executing the said Order under Section 144 BNSS, pending before Family Court is quashed and set aside.
5) Since the entire dispute is settled, the petitioner shall keep the custody of the minor child Dhavit @ Vikram Singh Dhillon forever and the Respondent shall not claim any right for the custody of the minor child in future.
6) That the respondent is relinquishing the custody of minor son Vikram Singh Dhillon only on the condition that the petitioner Monika would take proper care of minor son Vikram Singh Dhillon”
7. It was pointed out by the parties at the time of hearing that there is no other litigation pending between them, except those mentioned in the application and as reproduced above. The pending cases between the parties reproduced above in paragraph 6 shall stand disposed of without any further action by either of the parties.
8. The important conditions of the Settlement Agreement signed between the parties are regarding custody of the child and no demand of alimony by the petitioner-wife. Two conditions incorporating the same are extracted below:
“(C) It is agreed between the parties the custody of the minor child namely Vikram Singh Dhillon aged about 7 years, presently in the custody of mother/Petitioner, will remain with the Petitioner-mother and the Respondent-father gives up all his rights and will not be liable for any ma
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