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2026 Supreme(Online)(SC) 1015

SUPREME COURT OF INDIA
J.B. Pardiwala, K.V. Viswanathan, JJ
AJIT KAUR(HARMEET KAUR) – Appellant
Versus
HARJINDER SINGH REHAL – Respondent
TRANSFER PETITION (CIVIL) NO(s).2133/2024



Advocates:
For the Appellants/Petitioners: Shakul R. Ghatole
For the Respondents: Nitesh Ranjan

The Supreme Court can exercise its inherent powers under Article 142 of the Constitution of India to dissolve a marriage on the grounds of irretrievable breakdown when parties have reached a voluntary and amicable settlement.

Headnote:The matter pertains to a matrimonial dispute where the parties sought the dissolution of their marriage. Invoking Article 142 of the Constitution of India, the court noted that the parties had reached an amicable settlement through the Supreme Court Mediation Centre, agreeing to a permanent alimony of Rs. 30,00,000/-. The parties had been residing separately since March 2020, indicating an irretrievable breakdown of the marriage. The primary issue was whether the marriage could be dissolved by mutual consent given the irretrievable breakdown. The court reasoned that since the parties had voluntarily entered into a written settlement agreement and all claims were settled, the inherent powers of the court under Article 142 could be exercised to grant a divorce and terminate all pending civil and criminal proceedings. In view of the aforesaid, the marriage between the parties stand dissolved, in exercise of our jurisdiction under Article 142 of the Constitution of India.

Table of Content
1. parties reached an amicable settlement via mediation to dissolve marriage. (Para 1 , 2 , 3)
2. court validates the settlement agreement and confirms payment of alimony. (Para 4 , 5 , 6)
3. marriage dissolved under article 142 due to irretrievable breakdown. (Para 7 , 8 , 9 , 10 , 11)

O R D E R

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

2. The Settlement Agreement dated 22.08.2025 has been reduced into writing, duly signed by the parties, their respective counsel, including the learned Mediator.

3. The Settlement Agreement reads thus:-

SETTLEMENT AGREEMENT

This Settlement Agreement is entered into between Petitioner- Ms. Ajit Kaur (Harmeet Kaur) W/o Harjinder Singh Rehal, Age about 43 years R/o. C/o Smt. Jasbir Kaur, 159 Gurunanakpura, Kamaal Chowk, Near Sanjay Beer Bar, Nagpur -440017 Maharashtra (here in after referred to as Petitioner-Wife) and Mr. Harjinder Singh Rehal S/o Manohar Singh Rehal, R/o Pritam Niwas, Near Irani Imambada, City Station, Pandri Raipur, Tehsil & Dist. Raipur (C.G.) (here in after referred to as Respondent- Husband).

1. 1. Whereas the marriage between the petitioner and respondent Husband was solemnized as per Sikh Customs and ceremonies on 02.05.2004 at Nagpur, Maharashtra. After marriage parties resided together at Raipur, Chhattisgarh and there is one Daughter born on 08.07.2005 and one son born on 12.02.2008 out of the wedlock.

Signature Not Verifie2d.

2. Both the parties resided together as husband and

D Hi Ag Rita Pll Ry E s Eig Tn e Kd A b Uy R wife till March 2020, and thereafter disputes and

Date: 2026.03.11

2 R0 e: a0 s0 o:4 n9 : IST differences arose between the parties and since then she is staying with her parents at Nagpur, Maharashtra. The respondent Husband filed divorce petition bearing HMP No. 918 of 2022 before the Ld. Principle Judge Family Court at Raipur, Chhattisgarh seeking dissolution of marriage.

3. 3. Whereas the Parties have filed following cases against each other:-

(i) The respondent Husband has filed divorce petition HMP No. 918 of 2022 before the Ld. Principle Judge Family Court at Raipur, Chhattisgarh titled as Harjinder Singh Rehal vs. Smt. Ajit Kaur(Harmeet Kaur).

(ii) Petitioner wife along with her children has filed DV Case bearing Crl. M. A. No. 935/2021 titled as Smt. Harmeet Kaur W/o. Harjinder Singh Rehal & Ors, vs. Harjinder Singh S/o. Manohar Singh Rehal & Ors. before the Ld. Special Judge under Domestic Violence Act, at Nagpur.

(iii) The Respondent Husband has filed Crl. Writ Petition No. 501/2005 before the Hon’ble High Court of Judicature of Bombay, Bench at Nagpur titled as Harjinder Singh Manohar Singh Rehal vs. Harmeet Kaur Harjinder Singh Rehal & Ors.

4. Whereas Hon’ble Supreme Court vide Order dated 18.08.2025 in Transfer Petition (C) No. 2133 of 2024 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 18.08.2025 and today i.e. 22.08.2025 (physically for signing of the present Settlement Agreement).

4. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of their marriage by mutual consent: -

A. That the parties have agreed that the Respondent- husband will pay to the Petitioner-wife a total sum of Rs. 30,00,000/- (Rupees Thirty Lakhs Only) all her claims towards her permanent alimony, maintenance (past, present, future) and any other claim whatsoever.

A. It is agreed between the parties that they will move an application jointly before the Hon’ble Supreme Court under Article 142 of Constitution of India for invoking inherent powers of the Hon’ble Supreme Court praying for divorce by mutual consent as parties are staying separately since March 2020, i.e. for the last more than five years and there is irretrievable break down of the marriage.

A. It is further agreed between the parties that in

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