N v. K

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NO. 3231/2025

N PETITIONER(S)
VERSUS
K RESPONDENT(S)

O R D E R

[NyayVidhan note: the names of the wife (N) and the husband (K) have been replaced by letters, and the demand draft number and the scooter's registration number have been withheld; the text is otherwise as issued by the Court.]

1. This Transfer Petition has been filed by the Petitioner-Wife seeking transfer of Matrimonial Case No. 146/2025, which was filed by the Respondent–Husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (‘HMA, 1955’) before the Principal Judge, Family Court, Jamui, Bihar to the Court of Principal Judge, Family Court, Ranchi, Jharkhand.

2. The parties got married on 21.01.2025 at Ranchi and have no child born from the wedlock. It seems that soon thereafter, differences arose between the parties owing to which, FIR No. 412/2025 was registered at Police Station Jagarnathpur, Ranchi under Sections 126(2), 115(2), 351(2), 352, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3 and 4 of the Dowry Prohibition Act, 1961 against the Respondent-Husband and his family members. Meanwhile, the Respondent–Husband filed the above-stated petition for dissolution of marriage, giving rise to the instant proceedings.

3. On 15.04.2026, when this matter was taken up for hearing, learned counsel for the parties made a joint request to refer the matter to the Supreme Court Mediation Centre to explore the possibility of an amicable settlement.

4. Pursuant thereto, the parties have amicably resolved their dispute and have filed a joint application under Article 142 of the Constitution of India read with Section 13-B of the HMA, 1955. Along with the application, the parties have also placed on record the Settlement Agreement dated 05.09.2026, which is duly signed by the parties and their respective Advocates, besides the Mediator.

5. As per the settlement, the Respondent-Husband has agreed to pay a sum of Rs. 33,00,000/- (Rupees Thirty-Three Lakhs only) to the Petitioner–Wife towards full and final settlement of all her claims arising out of the matrimonial relationship. In pursuance of the same, the Respondent–Husband has handed over a demand draft bearing number [withheld] dated 29.09.2026 to the Petitioner–Wife, who is present in person, for the stated amount.

6. The parties have further resolved that:
(i) Matrimonial Case No. 146/2025, the transfer whereof is sought in the instant proceedings, may be disposed of as withdrawn.
(ii) FIR No. 412/2025, dated 18.10.2025, registered at Police Station Jagarnathpur, Ranchi under Sections 126(2), 115(2), 351(2), 352, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3 and 4 of the Dowry Prohibition Act, 1961, and all the proceedings arising therefrom, which are pending before Judicial Magistrate First Class-IX, District Court Ranchi, Jharkhand, be quashed.
(iii) Complaint Case No. 10104/2026, filed by the Petitioner-Wife under the Domestic Violence Act, 2005 which is pending before Judicial Magistrate First Class-IX, District Court Ranchi, Jharkhand, be also quashed.
(iv) Quashing Petitions bearing Cr.M.P. Nos. 330/2026 & 331/2026, filed by the family members of the Respondent–Husband seeking quashing of FIR No. 412/2025, which are pending before High Court of Jharkhand at Ranchi, be disposed of as withdrawn.
(v) Original Maintenance Case No.616/2025, filed by the Petitioner-Wife, under Section 144 of the Bharatiya Nagrik Suraksha Sanhita, 2023, which is pending before Additional Principal Judge, Family Court-II, District Court Ranchi, Jharkhand, be disposed of as withdrawn.
(vi) FIR No. 471/2025, dated 17.09.2025, registered at Police Station Kadugodi, Whitefield Sub-Division, Bengaluru City, filed by the Petitioner-Wife under Section 305 of the Bharatiya Nyaya Sanhita, 2023 against an unknown person for theft of a scooter bearing Registration No. [withheld] and other items mentioned therein, be also quashed.
(vii) Non-Cognizable Case bearing NCR No. 338/2025 dated 13.08.2025, filed by the Respondent–Husband against the Petitioner–Wife and her relatives at Police Station Kadugodi, Bengaluru City, be also quashed.

7. The parties are agreed to and it is stated before us that the scooter and other articles have already been returned.

8. Upon compliance with the above-stated conditions, the parties have further agreed, as stated in the joint application, that they seek dissolution of their marriage by a decree of divorce by mutual consent.

9. The Petitioner–Wife, who is present in court, has stated before us that the settlement has taken place with her free will and consent.

10. In view of the fact that the parties have amicably resolved their marital dispute, we allow the joint application, i.e. in I.A. No.308391/2026 with the following directions:
(i) Having regard to the fact that the parties are living separately for more than a year and they have jointly prayed for dissolution of their marriage by way of mutual consent, we accept their prayer and direct that the marriage between the parties shall stand dissolved by a decree of divorce by mutual consent.
(ii) All the cases mentioned in paragraph 10(F) of the joint application are hereby quashed/disposed of as infructuous/withdrawn.

11. The parties shall abide by the terms and conditions of the Settlement Agreement. All the terms and conditions of the Settlement Agreement shall be treated as part of this order.

12. The Transfer Petition is, accordingly, disposed of.

13. Pending applications, if any, also stand disposed of.

..........................CJI.
(SURYA KANT)

............................J.
(JOYMALYA BAGCHI)

............................J.
(V. MOHANA)

NEW DELHI;
OCTOBER 06, 2026

RECORD OF PROCEEDINGS (06-10-2026)
ITEM NO.16 COURT NO.1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s).3231/2025 N Petitioner(s) VERSUS K Respondent(s) IA No. 295585/2025 - EX-PARTE STAY, IA No. 92228/2026 - EXEMPTION FROM FILING O.T., IA No.308391/2026 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A. Date : 06-10-2026 This matter was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JOYMALYA BAGCHI HON'BLE MRS. JUSTICE V. MOHANA For Petitioner(s) :Mr. Ganesh Khanna, Adv. Mr. Gauraw Kumar, Adv. Ms. Shagun Srivastava, Adv. Mr. Himanshu Bhushan- 2641, AOR For Respondent(s) :Mr. Nishant Nain, Adv. Ms. Charu Sharma, Adv. Mr. Vashu Kumar, Adv. Mr. Archit Upadhayay- 2783, AOR UPON hearing the counsel the Court made the following O R D E R 1. Application (IA No.308391/2026) is allowed and the Transfer Petition is disposed of in terms of the signed order. 2. Pending applications, if any, also stand disposed of. (ARJUN BISHT) (PREETHI DILEEP KUMAR) ASTT. REGISTRAR-cum-PS DY. REGISTRAR (signed order is placed on the file)