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Supreme Court – Daily Orders
Sudeshna Mitra vs Subhabrata Sarkar on 14 July, 2025
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2550/2024
SUDESHNA MITRA PETITIONER(S)
VERSUS
SUBHABRATA SARKAR RESPONDENT(S)
O R D E R
1. We are informed by the learned counsel appearing for the
parties that the matter has been amicably settled before the
Supreme Court meditation Centre. The terms of the Settlement
Agreement has been reduced into writing dated 15.05.2025 duly
signed by the parties, as well as by the learned mediator and the
learned counsel appearing for respective parties.
2. The Settlement Agreement is as under:-
“SETTLEMENT AGREEMENT
This Settlement Agreement is entered into on this Friday day
i.e. 15th May, 2025 at Supreme Court Mediation Centre, New Delhi
– 110001.
BETWEEN
Ms. Sudeshna Mitra, aged about 37 years, Daughter of Sh.
Debabrata Mitra Resident of Duillya, P.O.- Andul, District
Howrah, West Bengal (hereinafter referred to as the first
party/petitioner – Wife)
Signature Not VerifiedDigitally signed by
CHANDRESH
Date: 2025.07.21
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18:41:56 IST
Reason:
ANDMr. Subhabrata Sarkar, aged about 39 Years, S/o Sh Debabrata
Sarkar Resident of 701 Mayfair Boulevard (Narayan Apartment),
Main Avenue Road, Santacruz (West), Mumbai-400054 (hereinafter
referred to as the second party / Respondent – Husband).
1. Whereas, the marriage between the petitioner and
respondent solemnized on 27.01.2019 according to Hindu rites and
rituals at Kolkata, West Bengal.
2. Whereas, both the parties resided together as Husband and
Wife till 13.03.2021 and thereafter due to the disputes and
differences between the parties hereto, the parties have been
living separately since 14.03.2021.
3. No child is born from this wedlock.
4. Whereas the parties have filed following cases against
each other:
A. Transfer Petition (Civil) No. 2550/2024 titled as
Sudeshna Mitra vs Subhabrata Sarkar, pending before the
Hon’ble Supreme Court of India, New Delhi
B. Divorce petition bearing HMA No. A/2767/2023, titled as
“Subhabrata Sarkar vs. Sudeshna Mitra”, filed by the Re-
spondent – husband U/s 13(1) (i-a), (i-b) and (iii-b) of
HMA, 1955 which is pending before the Family Court, Mumbai
at Bandra, Maharashtra.
5. Whereas the Hon’ble Supreme Court vide Order dated
17.01.2025 in Transfer Petition (Civil) No. 2550 of 2024
referred the present matter to the Supreme Court Mediation
Centre. Comprehensive mediation sessions were held between
the parties with their respective counsels on 30.01.2025,
15.02.2025, 01.03.2025, 21.03.2025, 07.04.2025, (All virtual
modes) and today i.e., 15.05.2025 both the parties are
present physically.
6. Both the parties hereto have finally resolved their
disputes and difference and have arrived at an amicable
settlement on the following terms and conditions for
dissolution of marriage by mutual consent: –
A. It is agreed between the parties that the
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Respondent/Husband will pay an amount of Rs.26,00,000/-
(Rupees Twenty Six Lakh Only) as the full and final
settlement to the Petitioner/Wife for all her claims
towards permanent alimony, stridhan, maintenance (past,
present, future) and any other claims whatsoever.
B. That both the parties herein agree that they shall
jointly move an application before the Hon’ble Supreme
Court of India under Article 142 of the Constitution of
India for invoking inherent powers of the Hon’ble
Supreme Court interalia praying therein seeking
dissolution of marriage.
C. That it is agreed between the parties that the above-
said total amount of Rs.25,75,000/- (Rupees Twenty Five
Lakhs and Seventy Five Thousand Only) will be handed
over by way of Demand Draft in the name of
Petitioner/Wife “Sudeshna Mitra”, in the Hon’ble
Supreme Court of India at the time when the Hon’ble
Supreme Court grant Divorce under Article 142 of the
Constitution of India.
D. The remaining amount of Rs.25,000/- (Rupees Twenty-Five
Thousand Only) alongwith interest is lying in the
savings bank account of the Petitioner which were
deposited by the Respondent over the time. The same
shall be withdrawn by the Petitioner from her bank
account from any branch of Union Bank of India in
India. The Petitioner will also send an email to the
Bank for closing the Account or the Petitioner may also
submit an Application to Union Bank of India. The Bank
details of the Petitioner are communicated to her and
are reiterated herein as:
Name: Ms. Sudeshna Mitra
Bank: Union Bank of India
SB Account No. 319202010217052E. That today i.e. on 15.05.2025 the Respondent has handed
over one gold ring, one gold wristlet and a pair of gold
earrings to the Petitioner as a part of the present
settlement as agreed between the parties.
F. Further, the Respondent has handed over three Wedding
albums of the parties to the Petitioner as a part of the3
present Settlement Agreement. It has further been agreed
between the parties that the pictures/photos shall not
be used/ misused by any of the parties on social media,
internet etc or in any other way. The List of items
handed over by the Respondent/Husband to the Petitioner
wife is annexed with the Present Settlement Agreement
and marked as ANNEXURE -A
G. The Petitioner acknowledges that during the mediation
proceedings; all the goods and belongings of the
Petitioner have already been sent to the Petitioner by
the Respondent. The Petitioner has duly inspected the
said goods and belongings there exists no dispute in
respect thereof.
H. Both the parties have agreed that marriage shall be
dissolved by filing appropriate Application under
Article 142 of the Constitution of India before this
Hon’ble Court. Both the parties shall co-operate each
other in filing the said application jointly at the
earliest.
7. In the alternative, both the parties have agreed, to jointly
file the first motion within 2 (two) weeks from the date of
disposal of the present Transfer Petition with an application for
waiving off the cooling period and the second motion U/s 13(1)(a)
and 13(1)(b) of the Hindu Marriage Act for the dissolution of
their marriage by way of mutual consent before the Ld. Principal
Judge, Family Court, Howrah, West Bengal and the parties will
also bear their respective cost for the same. In case both the
parties have to file divorce petition by way of mutual consent,
the mode of payment shall be as follows:
(i) It has been agreed between the parties that the
Respondent/husband shall pay a sum of Rs. 25,75,000/-
(Rupees Twenty Five Lakhs and Seventy Five Thousand
Only) by way of demand draft in the name of the
Petitioner/Wife “Sudeshna Mitra” at the time of
recording of the statement in first motion of divorce
by way of mutual consent.
(ii) It has been agreed between the parties that they shall
move second motion of divorce petition by way of mutual
consent within a application to cool off statutory
period of six months immediately after the order of
first motion of divorce petition by way mutual consent
preferably within one week of the said order. Both the
parties shall co-operate with each other in filing the
Petition for second motion of divorce.
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8. That both the parties mutually agreed that in future both the
parties and/or their family members will not file any cases, civil
or criminal including Police Complaints etc. against any of the
parties and/or their respective family members.
9.That subject to the afore-said terms and conditions, the parties
have resolved all their disputes/differences amicably in relation
to their marriage and have been left with no claims against each
other or against their respective family members.
10. That by signing this Agreement the parties hereto solemnly
state and affirm that in future they have no further claims or
demands against each other including maintenance and/or on any
movable or immovable properties and all the disputes and
differences have been amicably settled by the parties through the
process of mediation.
11. That both the parties mutually agree to adhere to/abide by/by
the terms and conditions of the present Mediation Settlement
Agreement and in case of any default by any of the parties in the
aforesaid agreed terms and conditions including the payment, the
defaulting party shall be liable to be prosecuted as per the law
prevalent and in force at the relevant time.
12. That the parties undertake to abide by the terms and
conditions set out in the present Settlement Agreement, which
have been arrived by them with their free will, without any
inducement, coercion, duress, pressure or collusion and parties
undertake to abide by the same for all the times to come.
13. The contents of this Mediation Settlement-Agreement have
been explained to both the parties in vernacular and they have
understood the same and signed the present mediation settlement.”
3. The original Agreement of Settlement is ordered to be taken on
record. It appears that in terms of the settlement an amount of
Rs.25,75,000/-(Rupees Twenty Five Lakhs and Seventy Five Thousand Only)
is to be paid by the respondent husband to his wife.
4. The learned counsel appearing for the husband has a demand
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draft of the amount of Rs.25,75,000/-(Rupees Twenty Five Lakhs and
Seventy Five Thousand Only) ready to be handed over to the learned
counsel appearing for the petitioner-wife. The same is handed over
in our presence. The parties are directed to abide by the terms and
conditions of the settlement.
5. In view of the aforesaid, the marriage between the parties
stands dissolved in exercise of our jurisdiction under Article 142
of the Constitution of India.
6. The registry shall draw a decree of dissolution of marriage
accordingly.
7. The Transfer Petition is disposed of accordingly.
8. Pending application(s), if any, stand disposed of.
……………….J.
[J.B.PARDIWALA]
……………….J.
[R. MAHADEVAN]
New Delhi
14th July, 2025
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ITEM NO.7 COURT NO.9 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(Civil) No. 2550/2024
SUDESHNA MITRA Petitioner(s)
VERSUS
SUBHABRATA SARKAR Respondent(s)
[MEDIATION REPORT RECEIVED] IA No. 216608/2024 – EX-PARTE STAY
Date : 14-07-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE R. MAHADEVANFor Petitioner(s) : Mr. Ranjan Mukherjee, Adv.
Mr. Gautam Barua, Adv.
Mr. Shantanu Bhowmick, Adv.
Mr. Abhaya Nath Das, Adv.
Mr. Boya Kranthi Naidu, Adv.
Ms. Arina Bhattacharjee, Adv.
Mr. Bhupendra Pathak, Adv.
Mr. Kishor Kumar Mishra, Adv.
Dr. Aditya Mishra, Adv.
Mr. Om Prakash Sapra, Adv.
Ms. Neha Rastogi, Adv.
Ms. Aayushi, Adv.
Mr. Satish Kumar, AOR
For Respondent(s) : Ms. Nidhi Nagpal, AOR
Ms. Ananya Arora, Adv.
Ms. Shreya Gupta, Adv.
Mr. Deepin Deepak Sahni, Adv.
Mr. Vishal Navale, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer petition is disposed of in terms of the signed
order, which is placed on the file.
2. Pending application(s), if any, stands disposed of.
(CHANDRESH) (POOJA SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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