The Supreme Court can exercise its extraordinary powers under Article 142 of the Constitution of India to dissolve a marriage by mutual consent and dispose of all related pending litigations when a comprehensive settlement agreement is reached and implemented between the parties.

O R D E R

Rajesh Bindal, J.

1. The present petition has been filed by wife seeking transfer of divorce petition filed by the respondent-husband bearing HMA No.264 of 2024 pending before Principal Family Judge, Mathura, Uttar Pradesh to a Court of equivalent jurisdiction in South Delhi, Delhi.

1.1 Brief facts of the case are that the marriage between the parties was solemnized on 04.12.2022. On 26.02.2024, the respondent filed divorce petition under section 13 of the Hindu Marriage Act, 1955. Transfer of the aforesaid petition has been prayed for in the present petition.

2. During the pendency of the present petition, a settlement

Signature Not Verified

Digitally signed by

NISHA KHULBEY

Date: 2026.03.11

15:27:08 IST

Reason:

agreement has been executed between the parties on 25.01.2026. The same has been placed on record. It is agreed between the parties that the respondent-husband shall pay a sum of ₹40,00,000/- to the petitioner-wife as permanent alimony, maintenance or stridhana for the past, present and future claims. On payment of the said amount, no further claims will survive between the parties. On payment of the said amount, the marriage between the parties may be dissolved by way of mutual consent. There is no child born from the wedlock. The said amount was agreed to be paid at the time of passing of the judgment/decree granting divorce.

2.1 It was further agreed as part of settlement that all the cases pending between the parties shall stand disposed of as compromised. The details are as under:

i. MT Case No.375 of 2024 pending before the Hon’ble Family Court, South East District, Saket Court, New Delhi

ii. CT Cases No.41158 of 2024 pending before the Chief Judicial Magistrate, South East District, Saket Court, New Delhi

iii. First Information Report bearing No.430 of 2024 lodged at Kotla Mubarakpur Police station, New Delhi

iv. Divorce Petition bearing HMA No.264 of 2024 pending before the Family Court, Mathura

v. Warrant / Summons Criminal Case No.120552 of 2024 pending before the Additional Civil Judge (Jr. Division)-cum-Judicial Magistrate, Mathura, U.P.

3. The parties have filed an application under Article 142 of the Constitution of India seeking dissolution of marriage by mutual consent. The amount of ₹40,00,000/- stands paid to the petitioner-wife by way of two demand drafts of ₹20,00,000/- each dated 03.02.3026, bearing Nos.800100 and 060401, respectively, drawn on Kotak Mahindra Bank.

4. Today, both the parties are connected through video conference. They have been identified by their respective counsels. Both have endorsed the terms of the Settlement Agreement dated 25.01.2026.

5. Considering the settlement of dispute between the parties, we allow the application filed under Article 142 of the Constitution of India and the marriage of the petitioner/wife – Shrimanti Aadishree Sharma alias Isha Sharma and the respondent/husband – Rajat Agrawal, solemnized on 04.12.2022, stands dissolved by way of mutual consent. The parties shall abide by the terms of the Settlement Agreement dated 25.01.2026.

6. Decree sheet be prepared in terms of settlement arrived at between the parties.

7. In view of the settlement arrived at between the parties, all the cases mentioned in paragraph No.2.1 filed by the parties, and their family members, against each other, shall stand disposed of as compromised without any further action by either of them.

8. The Registry shall forward a copy of this order to the Courts concerned for placing the same on respective files and consign them to record.

9. The present Transfer Petition is disposed of accordingly.