Judgment Intelligence
OtherN v. K
Transfer Petition (Civil) No. 3231 of 2025
- Court
- Supreme Court of India
- Date of Decision
- 6 October 2026
- Bench
- Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
- Relevant Acts & Sections
- Constitution of India — Article 142; Hindu Marriage Act, 1955 — Sections 13(1)(i-a), 13-B; Bharatiya Nyaya Sanhita, 2023; Dowry Prohibition Act, 1961 — Sections 3, 4; Protection of Women from Domestic Violence Act, 2005; Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 144
Final Outcome
Joint application allowed; the marriage was dissolved by a decree of divorce by mutual consent, the connected cases were quashed or disposed of, and the transfer petition was disposed of (paras 10-12).
Key holdings
- A transfer petition can end in divorce by mutual consent when the parties settle through the Supreme Court Mediation Centre (paras 3-4, 10).
- The Court recorded the wife's statement that she settled of her own free will (para 9).
- Criminal and civil cases between the spouses and their families in different States were closed in one order (paras 6, 10).
- The terms of the settlement agreement were made part of the order (para 11).
Brief Facts
The couple married on 21.01.2025 and differences soon arose; the wife lodged a dowry and cruelty FIR at Ranchi against the husband and his family, and the husband filed for divorce at the Family Court, Jamui (paras 1-2). The wife sought transfer of the divorce case to Ranchi (para 1). On 15.04.2026 the parties jointly asked for mediation, and on 05.09.2026 they signed a settlement at the Supreme Court Mediation Centre and filed a joint application for divorce by mutual consent (paras 3-4).
Court's Findings
Under the settlement the husband agreed to pay Rs 33 lakh in full and final settlement of all the wife's claims and handed over a demand draft for the amount in court (para 5). The parties agreed that the divorce case, the maintenance case and the quashing petitions of the husband's family be withdrawn, and that the dowry FIR, the domestic violence complaint and two complaints lodged at Bengaluru be quashed; the scooter and articles in dispute had been returned (paras 6-7). The wife, present in court, stated that she had settled of her own free will (para 9). As the parties had lived apart for more than a year and jointly sought divorce, the Court accepted their prayer (para 10).
Legal Principle
Where spouses settle their disputes through mediation and jointly seek divorce, the Supreme Court may, under Article 142 read with Section 13-B of the Hindu Marriage Act, dissolve the marriage by mutual consent and close all connected criminal and civil cases between them (paras 4, 10).
