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2026 Supreme(Online)(SC) 287

SUPREME COURT OF INDIA
N/A, N/A
ACHIN GUPTA – Appellant
Versus
TANU @ TANU GUPTA @ TANU MANOCHA – Respondent
Transfer Petition(Civil) No.1426/2025



Advocates:
For the Appellants/Petitioners: N/A
For the Respondents: N/A

Dissolution of marriage through mutual consent is enforceable under Article 142, allowing for withdrawal of claims and setting custody arrangements.

Headnote:(A) Constitution of India - Article 142 - Dissolution of marriage by mutual consent - The Settlement Agreement between the parties achieved through mediation outlines mutual terms for divorce, including the withdrawal of pending cases and settlement of alimony and custody. (Paras 1, 8, 10)

(B) Mediation - Parties adhered to the mediation's results, emphasizing amicable resolutions instead of prolonging disputes in court. (Paras 2, 6, 10)

Facts of the case:
The parties entered into a mutual settlement for divorce after disputes arose, agreeing to various terms including custody arrangements and withdrawal of cases against one another.

Findings of Court:
The court recognized the mutual consent for divorce and ordered termination of all proceedings mentioned in the Settlement Agreement.

Issues: Key issues included the legitimacy of claims, the amicability of the resolution, and the viability of quashing pending legal actions.

Ratio Decidendi: The court held that amicable settlements reached through mediation facilitate efficient resolutions, conserving judicial resources and respecting the parties' rights. All claims were dismissed in accordance with the Settlement Agreement.

Result: Transfer Petition disposed of.

ORDER

1. The parties have been able to arrive at an amicable settlement before the Supreme Court Mediation Centre.

2. The Settlement Agreement dated 5-2-2026 has been reduced into writing duly signed by the parties, their respective counsel and the learned Mediator, Supreme Court Mediation Centre.

3. The terms of the Settlement read thus:-

SETTLEMENT AGREEMENT

This Settlement Agreement is entered into at New Delhi on this 5th day of February, 2026

BETWEEN

SHRI ACHIN GUPTA, S/o. Sh. Amar Prakash Gupta, Resident of R/o B- 39, Phase-2, Vikas Nagar Hastsaal, Uttam Nagar, New Delhi (Petitioner in Transfer Petition) (here-in-after referred to as the “First Party/Husband”)

AND

TANU @ TANU GUPTA @ TANU MANOCHA, D/o Sh. Harish Manocha, Resident of H.No.1368, U.E. II, Hisar, Haryana (Respondent No. 1 in Transfer Petition) (here-in-after referred to as the “Second Party/Wife”)

AND

VANDANA SHARMA daughter of Sh. Inderjeet, resident of A-3/116, Dal Mill Road, Uttam Nagar, New Delhi 110059 [Respondent No.2 in Transfer Petition] (here-in-after referred to as the “Third Party”)

WHEREAS the petitioner and Respondent No.1 got married on 09.10.2008 at Delhi as per Hindu customs, rites & ceremonies;

AND WHEREAS the marriage between the petitioner and Respondent No.1 was consummated and a child, namely, Master Advay Gupta born out of the said wedlock on 02.03.2012;

AND WHEREAS disputes arose between the First Party and the Second Party as a result of which they have been residing separately since March 2020 and there has been no cohabitation between the First Party and the Second Party since then;

The following cases were filed between the parties:-

i. Mother of Husband filed Domestic Violence Case being MC/357/2020 against Respondent No.1 before ld. Metropolitan Magistrate, Mahila Court, Dwarka Courts, New Delhi titled “Anjana Gupta Vs. Tanu Gupta” which is pending and fixed for 24.01.2026.

ii. Mother of Husband filed Misc. Case/59/2022 in MC/357/2020 under Section 340 Cr.P.C. against Respondent No.1 before ld. Metropolitan Magistrate, Mahila Court, Dwarka Courts, New Delhi titled “Anjana Gupta Vs. Tanu Gupta” which is pending and fixed for 24.01.2026.

iii. Respondent No.1 filed a petition being Case No. D.V.Act / 0000055 / 2021 titled “Tanu vs. Achin Gupta & Ors.” under the provisions of Protection of Women from Domestic Violence Act before the court of Ld. Chief Judicial Magistrate, Hisar, Haryana against the Petitioner, his parents, sister and brother in law and the same is pending and fixed for 16.12.2025.

iv. Respondent No.1 filed a divorce case being DMC/408/2025 titled “Tanu vs. Achin Gupta &Anr.” against the Petitioner and Respondent No.2 before the ld. Additional Principal Judge (Family Court), Hisar, Haryana which is pending and fixed for 07.02.2026.

v. The Petitioner, his parents, sister and brother in law approached the Hon’ble High Court of Punjab & Haryana at Chandigarh by way of filing CRM-M-8626 of 2025 challenging the domestic violence case D.V.Act / 0000055 / 2021 filed by Respondent. The Hon’ble High Court issued notice on the petition as well as notice on stay application. The same is pending and fixed for hearing on 03.03.2026.

vi. The husband approached this Hon’ble Court by way of filing Transfer Petition (C) No.1426 of 2025 for transfer of the above Divorce Case being DMC/408/2025 filed by the wife before the ld. Additional Principal Judge (Family Court), Hisar to the Court of ld. Principal Judge, Family Court, Dwarka. This Hon’ble Court vide Order dated 16.05.2025 issued notice on Transfer Petition and stayed the proceedings of the Divorce Case, i.e. DMC/408/2025 pending before the ld. Additional Principal Judge (Family Court), Hisar. Subsequently, this Hon’ble Court vide Order dated 09.10.2025 was pleased to refer the matter to the Supreme Court Mediation Centre to explore the possibilities of settlement through mediation process.

vii. Third Party got registered FIR No.36/2022 dated 10.02.2022 at Police Station Vidhayakpuri, Jaipur, Rajastha

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