P v. State of Rajasthan & Ors.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. ____ OF 2026
(Arising out of SLP(C) No. 10176/2025)

P APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN & ORS. RESPONDENT(S)

[NyayVidhan note: this matrimonial order concerns the custody of two minor children and is published anonymised. The wife and the husband are shown by the initials P and D. The dates of the marriage and of the earlier divorce, the year of remarriage, the numbers of the FIRs and other proceedings listed in paragraph 7, the date of the search-warrant application and the names of the police stations and towns are withheld here and in the PDF hosted on this site. The order does not name the children. Paragraphs 1-12 carry the Court's numbers; the lettered and numbered items of paragraphs 7 and 9 each start a new line. The appeal number is left blank in the signed order. The record of proceedings of 29.10.2026, which follows the signed order, is given in abridged form, with the interlocutory applications on one line, the list of counsel on one line for each side, and its order on one line. The digital-signature block (dated 10.11.2026), Registry signatures and page numbers are left out. The order's own wording is otherwise kept as printed.]

[Source: Supreme Court of India, www.sci.gov.in — order dated 29 October 2026.]

O R D E R

1. Leave granted.

2. The instant appeal has been filed by the Appellant–Wife assailing the judgment and final order dated 06.02.2025 passed by the Rajasthan High Court at Jaipur, in D.B. Habeas Corpus Petition No. 7/2025, whereby the habeas corpus petition filed by her for securing the custody of her two minor children was dismissed.

3. By way of brief background, the Appellant–Wife and Respondent No. 6–Husband, D, were married on [date withheld]. Two children were born from the wedlock. Due to differences between the parties, the Court dissolved their marriage vide a decree of divorce by mutual consent on [date withheld]. The parties state that they subsequently remarried in [year withheld]; however, shortly thereafter, disputes resurfaced between them, leading to several proceedings, including the underlying habeas corpus petition.

4. On 19.05.2025, when this matter was taken up for hearing, on the suggestion of learned counsel for the parties, the matter was referred to the Supreme Court Mediation Centre to explore the possibility of an amicable settlement.

5. Pursuant thereto, the Appellant–Wife and Respondent No. 6–Husband have amicably resolved their disputes and have filed a joint application under Article 142 of the Constitution of India read with Section 13-B of the Hindu Marriage Act, 1955. Along with the application, the parties have placed on record the Settlement Agreement dated 28.11.2025 (Agreement), which is duly signed by the parties and their respective Advocates, besides the Mediator.

6. As per the Agreement, Respondent No. 6–Husband has agreed to pay a total sum of Rs. 20,00,000/- (Rupees Twenty Lakhs only) to the Appellant–Wife towards full and final settlement of her claims arising out of the matrimonial relationship. Pursuant thereto, a sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) was paid by demand draft and handed over to the Appellant–Wife on the date of filing of the joint application i.e., 16.01.2026. The remaining sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) has also been paid to the Appellant–Wife by way of a demand draft dated 28.10.2026, at the time of hearing before this Court.

7. In terms of the Agreement, the parties have further resolved that:
a. The permanent custody of the two minor children shall remain with their father until they attain the age of majority.
b. The Appellant–Wife shall have visitation and parenting time with the children on dates mutually decided in accordance with the convenience of the children.
c. The parties have agreed to bring to an end the following pending proceedings arising out of their matrimonial disputes:
(i) FIR No. [number withheld] registered at Police Station [place withheld], Jaipur;
(ii) FIR No. [number withheld] registered at Women Police Station, [place withheld];
(iii) S.B. Civil Writ Petition No. [number withheld] before the High Court of Rajasthan at Jaipur;
(iv) Transfer Petition (Criminal) No. [number withheld] before this Court;
(v) Complaint Case No. [number withheld] before the Additional Chief Judicial Magistrate, [place withheld], Jaipur;
(vi) FIR No. [number withheld];
(vii) Search warrant application dated [date withheld] under Section 97 of the Code of Criminal Procedure;
(viii) Case No. [number withheld] before JMIC, [place withheld]; and
(ix) Case No. COMI No. [number withheld].
d. The parties have also agreed to not initiate any further complaint or legal proceedings against each other or their respective family members in relation to the matrimonial disputes settled between them.

8. In light of the aforesaid Agreement, the parties have further sought dissolution of their matrimonial relationship by a decree of divorce by mutual consent in exercise of the powers of this Court under Article 142 of the Constitution of India.

9. Considering the fact that the parties have amicably resolved their marital dispute, we allow the joint application, i.e. I.A. No. 66890/2026, with the following directions:
a. It is admitted that the parties have been living separately since October 2022. A period of approximately four years has elapsed since and now they have jointly prayed for dissolution of their marriage by way of mutual consent. We therefore accept their prayer and direct that the marriage between the parties shall stand dissolved by a decree of divorce by mutual consent in exercise of powers under Article 142 of the Constitution of India.
b. The custody and visitation arrangements in respect of the two minor children shall be governed by the Settlement Agreement dated 28.11.2025, subject to their welfare and any order lawfully made in their best interests.
c. The proceedings identified in paragraph 3 of the Settlement Agreement dated 28.11.2025 and reproduced in paragraph 6(c) above, shall stand quashed or disposed of as withdrawn/infructuous.

10. The parties are directed to abide by the terms and conditions of the Settlement Agreement dated 28.11.2025. The terms and conditions thereof shall be treated as part of this order.

11. The appeal is, accordingly, disposed of.

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

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

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

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

NEW DELHI;
OCTOBER 29, 2026

ITEM NO.28 COURT NO.1 SECTION XV

SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 10176/2025
[Arising out of impugned final judgment and order dated 06-02-2025 in DBHCP No.07/2025 passed by the High Court of Judicature for Rajasthan at Jaipur]

P Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN & ORS. Respondent(s)

IA No. 66890/2026 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A., IA No. 128328/2025 - EXEMPTION FROM FILING O.T., IA No. 90361/2025 - EXEMPTION FROM FILING O.T.

Date : 29-10-2026 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) : Ms. Alpana Sharma- 3445, AOR Ms. Shivangi Singh, Adv. Mr. Raj Shekhar Sharma, Adv. Ms. Kanchan Kumari, Adv. Mr. Shah Mohd., Adv.
For Respondent(s) : R.1 to 5 Mr. S. Udaya Kumar Sagar- 1132, AOR
R.6 Mr. Sidrah Jami, Adv. Mr. Varun Chugh, Adv. Ms. Shagun Shahi Chugh, Adv. Ms. Meera Chugh, Adv. Ms. Sidrah Jami, Adv. Mr. Sumit Gautam, Adv. Mr. Kabir Singh, Adv. Mr. Prashant Rawat, AOR

UPON hearing the counsel the Court made the following ORDER: 1. Leave granted. 2. I.A. No. 66890/2026 is allowed and the appeal is disposed of in terms of the signed order. 3. Pending applications, if any, also stand disposed of.

(signed order is placed on the file)