APEX COURT
Transfer Petitions – Matrimonial & Criminal Proceedings – Settlement
Where matrimonial and connected criminal proceedings are pending in different jurisdictions and the parties arrive at a comprehensive settlement through Supreme Court Mediation, the transfer petitions may be disposed of in terms of such settlement without adjudicating the transfer prayers on merits.
(Paras 1–2, 8)
Where matrimonial and connected criminal proceedings are pending in different jurisdictions and the parties arrive at a comprehensive settlement through Supreme Court Mediation, the transfer petitions may be disposed of in terms of such settlement without adjudicating the transfer prayers on merits.
(Paras 1–2, 8)
Mediation – Supreme Court Mediation Centre – Binding Effect
A settlement agreement arrived at before the Supreme Court Mediation Centre, signed by the parties, their counsel, and the Mediator, and supported by affidavits, is binding and can form the basis for final disposal of proceedings.
(Paras 2, 5–7)
A settlement agreement arrived at before the Supreme Court Mediation Centre, signed by the parties, their counsel, and the Mediator, and supported by affidavits, is binding and can form the basis for final disposal of proceedings.
(Paras 2, 5–7)
Article 142, Constitution of India – Plenary Power – Divorce by Mutual Consent
The Supreme Court may, in exercise of powers under Article 142 of the Constitution, dissolve a marriage by mutual consent and grant a decree of divorce, even while dealing with transfer petitions, to do complete justice between the parties.
(Para 6)
The Supreme Court may, in exercise of powers under Article 142 of the Constitution, dissolve a marriage by mutual consent and grant a decree of divorce, even while dealing with transfer petitions, to do complete justice between the parties.
(Para 6)
Muslim Personal Law – Mubarat – Recognition by Court
A mutual divorce (‘Mubarat’) agreed between Muslim spouses and recorded in a settlement can be recognised and given effect to by the Supreme Court while passing a decree of divorce under Article 142.
(Paras 4(1), 6)
A mutual divorce (‘Mubarat’) agreed between Muslim spouses and recorded in a settlement can be recognised and given effect to by the Supreme Court while passing a decree of divorce under Article 142.
(Paras 4(1), 6)
Custody of Minor Children – Consent Arrangement
Custody and visitation arrangements agreed between the parties as part of a mediated settlement, including permanent custody with one parent and visitation rights to the other, can be accepted and directed to be strictly complied with by the Court.
(Paras 4(2)–(9), 7)
Custody and visitation arrangements agreed between the parties as part of a mediated settlement, including permanent custody with one parent and visitation rights to the other, can be accepted and directed to be strictly complied with by the Court.
(Paras 4(2)–(9), 7)
Settlement Amount – Full and Final Resolution
A lump-sum monetary settlement agreed between the parties as full and final settlement of all matrimonial claims is enforceable when incorporated in the Court’s order, with liberty to impose consequences for non-compliance.
(Paras 4(6), 4(12), 7)
A lump-sum monetary settlement agreed between the parties as full and final settlement of all matrimonial claims is enforceable when incorporated in the Court’s order, with liberty to impose consequences for non-compliance.
(Paras 4(6), 4(12), 7)
Withdrawal / Disposal of Pending Proceedings
Upon dissolution of marriage and acceptance of settlement, the Supreme Court may permit withdrawal and disposal of all pending civil, criminal, and transfer proceedings arising out of the matrimonial relationship.
(Paras 4(15), 6, 8)
Upon dissolution of marriage and acceptance of settlement, the Supreme Court may permit withdrawal and disposal of all pending civil, criminal, and transfer proceedings arising out of the matrimonial relationship.
(Paras 4(15), 6, 8)
ANALYSIS (Paragraph-wise)
Paras 1–2
The Court notes that multiple civil and criminal transfer petitions were filed seeking transfer of family court proceedings and domestic violence proceedings from Mumbai to New Delhi. During pendency, the parties were referred to mediation and arrived at a comprehensive settlement.
The Court notes that multiple civil and criminal transfer petitions were filed seeking transfer of family court proceedings and domestic violence proceedings from Mumbai to New Delhi. During pendency, the parties were referred to mediation and arrived at a comprehensive settlement.
Paras 3–4
An application seeking directions for dissolution of marriage and disposal of pending cases is placed on record. The settlement agreement dated 21.03.2025 is extracted in detail, covering:
mutual divorce (Mubarat),
permanent custody of both children with the father,
visitation rights to the mother,
financial settlement of ₹1.45 crore in instalments,
withdrawal of all pending cases, and
undertakings regarding future conduct.
An application seeking directions for dissolution of marriage and disposal of pending cases is placed on record. The settlement agreement dated 21.03.2025 is extracted in detail, covering:
mutual divorce (Mubarat),
permanent custody of both children with the father,
visitation rights to the mother,
financial settlement of ₹1.45 crore in instalments,
withdrawal of all pending cases, and
undertakings regarding future conduct.
Para 5
The Court formally takes the settlement agreement and the application, supported by affidavits of both parties, on record, lending procedural sanctity to the settlement.
The Court formally takes the settlement agreement and the application, supported by affidavits of both parties, on record, lending procedural sanctity to the settlement.
Para 6
This paragraph constitutes the operative core. The Court records satisfaction that the matter is fit for exercise of powers under Article 142, dissolves the marriage by mutual consent, and permits withdrawal of all pending cases, thereby granting complete relief beyond the narrow scope of transfer petitions.
This paragraph constitutes the operative core. The Court records satisfaction that the matter is fit for exercise of powers under Article 142, dissolves the marriage by mutual consent, and permits withdrawal of all pending cases, thereby granting complete relief beyond the narrow scope of transfer petitions.
Paras 7–9
The Court directs strict adherence to the settlement terms, disposes of all transfer petitions and applications, and directs the Registry to draw a decree accordingly.
The Court directs strict adherence to the settlement terms, disposes of all transfer petitions and applications, and directs the Registry to draw a decree accordingly.
RATIO DECIDENDI
When parties to multiple matrimonial and connected criminal proceedings arrive at a comprehensive and voluntary settlement through Supreme Court Mediation, the Supreme Court may, in exercise of its plenary powers under Article 142 of the Constitution, dissolve the marriage by mutual consent, give effect to agreed custody and financial arrangements, permit withdrawal of all pending proceedings, and dispose of transfer petitions in terms of such settlement to secure complete justice.
When parties to multiple matrimonial and connected criminal proceedings arrive at a comprehensive and voluntary settlement through Supreme Court Mediation, the Supreme Court may, in exercise of its plenary powers under Article 142 of the Constitution, dissolve the marriage by mutual consent, give effect to agreed custody and financial arrangements, permit withdrawal of all pending proceedings, and dispose of transfer petitions in terms of such settlement to secure complete justice.
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