Supreme Court – Daily Orders
Sultana Aabid Khan @ Sultana Khan vs Aabid Ahmed Khan @ Aabid Khan on 1 August, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CIVIL/CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NOS. 3073-3078 OF 2024
SULTANA AABID KHAN @ SULTANA KHAN Petitioner(s)
VERSUS
AABID AHMED KHAN @ AABID KHAN Respondent(s)
With
TRANSFER PETITION (CRIMINAL) NO. 16 OF 2025
O R D E R
1. The petitioner has filed two transfer petitions with the
following prayers:
Transfer Petition (C) NOS. 3073-3078 OF 2024
(a) Transfer the proceedings bearing Petition No.B-65 of 2024
for injunction under section 39 of specific relief act read with
order 39 rule 1 & 2 of C.P.C. read with sec. 7(1)(c) & (d) of
the Family Court’s Act 1984 titled as Dr.Aabid Ahmed Khan versus
Sultana Aabid Khan along with Interim Application No.39 of 2024
in Main Petition No. B-65 of 2024 along with Interim Application
No. 40 of 2024 in Main Petition No. B-65 of 2024 pending in the
Family Court-6, Bandra, Mumbai to the similar jurisdiction of
Family Court at Saket, South-East District, New Delhi;
Signature Not Verified
Digitally signed by
KAPIL TANDON
Date: 2025.08.06
(b) Transfer the proceedings being Main Petition No. D-76 of
18:36:28 IST
Reason:2024 titled as Dr.Aabid Ahmed Khan versus Sultana Aabid Khan
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along with interim application No.41 of 2024 in main petitionNo. D-76 of 2024 i.e. application for interim custody of
daughter Inaya minor and Interim Application No.42 of 2024 in
Main Petition No. D-76 of 2024 pending in the Family Court-6 at
Bandra, Mumbai, to the similar jurisdiction of Family Court, at
Saket, South East Delhi, New Delhi;
Transfer Petition (Criminal) NO. 16 OF 2025
(a) Transfer all the proceedings of C.C. No. 21/DV/2024
Application under section 12 read with section 17, 18,19,20 and
22 of the protection of women from Domestic Violence Act, 2005,
titled as Mrs. Sultana Aabid Khan Versus Mr. Aabid Ahmed Khan
and others, pending in the Hon’ble court of the learned
Additional Chief Metropolitan Magistrate, 44th Court, at
Andheri, Mumbai to the similar jurisdiction of Ld. Metropolitan
Magistrate Court at Saket, South-East District, New Delhi.
2. During the pendency of aforesaid transfer petitions, the
parties were referred to the Supreme Court Mediation Centre vide
order dated 23.01.2025. By virtue of the mediation, the parties
have arrived at a settlement and they have decided to part ways
on certain terms and conditions which are delineated in the
settlement agreement dated 21.03.2025 in Transfer Petition (C)
Nos. 3073-3078 of 2024 which has been signed by both the
parties, their counsel and the Mediator, copy of which has been
filed by the Supreme Court Mediation Centre.
3. Learned counsel for the respondent has also filed an
application for directions and orders being IA No. 85050 of 2025
with the following prayers:
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“a. pass the decree of dissolution of marriages
between the parties, allow the parties to withdraw
all the cases pending before various courts and
further pass the decree of divorce in terms of the
settlement agreement duly executed before Supreme
Court Mediation Centre of this Hon’ble Court; and/orb. may pass any other order or directions as deem
fit and proper in the interest of justice.”
4. Further, the terms and conditions and the relevant
paragraphs as set out in Settlement Agreement dated 21.03.2025
are as under:
“1. The parties have agreed to mutually divorce
each other as is referred to as ‘Mubarat’ as per
Muslim Personal Law and shall pray to this Hon’ble
Court to pass appropriate Orders granting the
divorce.
2. That the father Respondent Dr. Aabid Ahmed Khan
@Aabid Khan shall have permanent custody of both
the above children Zain Aabid Khan and Inaya Aabid
Khan. Currently the Son is living with the Father
Dr. Aabid Ahmed Khan @ Aabid Khan and the Daughter
shall join the father from 03.04.2025.
3. That the father undertakes to look after and
maintain the children without any assistance of any
sort from the petitioner- mother.
4. The Petitioner mother has agreed to the above
arrangement and shall ensure that the daughter
shall be handed over to the father on 03.04.2025.
the mother shall also handover all the related
documents belonging to both the children such as
their passport and Aadhar Card which is presently
in her possession on 03.04.2025.
5. The Petitioner-mother has also agreed to
handover the driving license and Pan Card of Dr.
Aabid Ahmed Khan @Aabid Khan to him on 03.04.2025.
6. The Respondent has agreed to settle the
petitioner for a sum of Rs. 1,45,00,000/- (Rupees
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One Crore Forty Five Lakhs) as full and final
settlement. The petitioner has agreed to receive
the same as full and final settlement towards her
alone and there shall be no further claim under any
other hands whatsoever.
7. The parties have agreed that the Petitioner-
mother shall have visitation once every 15 days at
Mumbai where she can collect the children at 9:00
AM on Saturday morning and return the children by
9:00 AM on the following Sunday morning.
8. The parties have also agreed that they shall
share the school vacations in equal measure and the
same shall be in mutually agreed consultation over
e-mail only between the parties. The e-mail of the
petitioner is [email protected] and the e-
mail of the respondent is [email protected].
9. In the event the Petitioner-mother would like to
take the children for any foreign holiday it has
been agreed that she shall share the details of
flight and itinerary well in advance with the
Respondent-father.
10. The Respondent Dr. Aabid Ahmed Khan @ Aabid
Khan undertakes to remove the name of the
Petitioner Ms. Sultana Aabid Khan @ Sultana Khan as
co-borrower for the house loan for property bearing
No. 4A/1101 Versova Skylark Tower, New MHADA,
Lokhandwala, Andheri West, Mumbai-400053 by
30.06.2025. The petitioner Ms. Sultana Aabid Khan @
Sultana Khan has undertaken to cooperate with the
Respondent Dr. Aabid Ahmed Khan @ Aabid Khan in
signing the documents required for the said
purpose.
11. The petitioner Ms. Sultana Aabid Khan @ Sultana
Khan has agreed to port mobile No. 7738604169 in
her own name by 30.04.2025.
12. It has been agreed that the Respondent shall
make the payment of 1,45,00,000/- (Rupees One Crore
Forty Five Lakhs) in the following manner and on
the following dates:
(I) An amount of Rs. 40,00,000/- (Rupees forty
Lakhs) shall be handed over by demand draft in
favour of Petitioner Sultana Aabid Khan on
03.04.2025 simultaneously with the petitioner
complying with the agreement as recorded in
paragraphs (c) and (d) hereis 14 above. The said
exchange shall happen in chamber No. 113, R.K. Jain4
Block, Supreme Court on 03.04.2025 at 2.00 PM.
(ii) An amount of Rs. 30,00,000/- (Rupees Thirty
Lakhs) shall be handed over by demand draft in
favour of Petitioner Sultana Aabid Khan on
15.10.2025.
(iii) An amount of Rs. 30,00,000/- (Rupees Thirty
Lakhs) shall be handed over by demand draft in
favour of Petitioner Sultana Aabid Khan on
15.03.2026.
(iv) An amount of Rs. 30,00,000/- (Rupees Thirty
Lakhs) shall be handed over by demand draft in
favour of Petitioner Sultana Aabid Khan on
15.10.2026.
(v) And the final installment for an amount of Rs.
15,00,000/- (Rupees Fifteen Lakhs) shall be handed
over by demand draft in favour of Petitioner
Sultana Aabid Khan on 15.12.2026.
13. The parties undertake not to share any
photographs regarding each other or any details
whatsoever on any social media platform and further
undertake not to institute any other case against
each other and will not make any defamatory/
derogatory remarks against each other and even
against each other’s families/relatives.
14. Parties have no other cases pending against
each other and undertake to not file any case
(arising from their matrimonial relationship)
against each other in future.
15. The parties have also agreed to pray to the
Hon’ble Supreme Court for dismissing/ disposing of
the following cases filed by the parties that are
pending before the Courts as mentioned below.
(I) CC No. 21/DV/2024 titled as Sultana Abid Khan
Vs. Dr. Aabid Ahmed Khan pending before the Ld.
Court of MM (44th), Andheri Mumbai.
(II) Petition No. D-76 of 2024 being the custody
petition filed by Dr. Aabid Ahmed Khan bearing
cause titled Dr. Aabid Ahmed Khan Vs. Sultana Abid
Khan, pending before the Family Court (6), Bandra,
Mumbai.
(III) Petition No. B-65 of 2024 being an injuction
petition filed by Dr. Aabid Ahmed Khan having cause
titled Dr. Aabid Ahmed Khan Vs. Sultana Aabid Khan,
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pending before the family Court (6), Bandra Mumbai.
(IV) Transfer Petition (Crl.) No. 16 of 2025
seeking transfer of CC No. 21/DV/2024 titled
Sultana Abid Khan Vs. Dr. Aabid Ahmed Khan pending
before the Ld. Court of MM (44th), Andheri, Mumbai.
16. these settlement terms will fully and finally
conclude all the claims of the Petitioner-Wife and
the Respondent- husband against each other.
17. The parties undertaken to abide by the terms
and conditions set out in the abovementioned
Settlement Agreement, which have been arrived with
free will of the parties without any coercion,
duress or collusion and parties undertake not to
raise any dispute whatsoever henceforth.
18. The contents of this settlement- agreement have
been explained to all the parties including in
Hindi and English and through their respective
counsels and they have understood the same and
agreed to the same.
5. We have taken the Application for directions & orders and
Settlement Agreement dated 21.03.2025 on record.
6. Having considered the matter in detail and having perused
the Settlement Agreement & Application for directions & orders
which is also supported by the affidavits of Sultana Aabid Khan
@ Sultana Khan (petitioner-wife) and Aabid Ahmed Khan @ Aabid
Khan (respondent–husband) in Transfer Petition (C) Nos. 3073-
3078 of 2024, we are of the view that this is a fit case for
exercising power under Article 142 of the Constitution of India
to dissolve the marriage between the parties. Consequently, the
marriage between the parties which was solemnized on 10.06.2012
at New Delhi stand dissolved by a decree of divorce by mutual
consent and we also allow the parties to withdraw all the cases
pending before various courts.
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7. It is further directed that the parties shall abide by the
terms of this settlement implicitly.
8. In view of the above, Transfer Petitions and Application
being IA No. 85050 of 2025 are disposed of. The Registry will
draw a decree in the aforesaid terms.
9. Pending applications(s), if any, are disposed of.
…………………………………………………………………………J.
[PAMIDIGHANTAM SRI NARASIMHA]
…………………………………………………………………………J.
[ATUL S. CHANDURKAR]
NEW DELHI;
AUGUST 01, 2025
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ITEM NO.58 COURT NO.7 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(s)(Civil) No(s). 3073-3078/2024
SULTANA AABID KHAN @ SULTANA KHAN Petitioner(s)
VERSUS
AABID AHMED KHAN @ AABID KHAN Respondent(s)
IA No. 264776/2024 - EX-PARTE STAY
WITH
T.P.(Crl.) No. 16/2025 (II-A)
IA No. 8410/2025 – EXEMPTION FROM FILING O.T.
IA No. 8405/2025 – STAY APPLICATION
Date : 01-08-2025 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON’BLE MR. JUSTICE ATUL S. CHANDURKAR
For Petitioner(s) :Mr. Syed Irfan Alam, Adv.
Mr. Syed Miran Ahmad, Adv.
Mr. Alamdar Hussain Naqvi, Adv.
Ms. Tuba Khan, Adv.
Mr. Nazim Ansari, Adv.
Mr. Amit, Adv.
Mr. Ramniwas, Adv.
Mr. Abhaya Nath Das, Adv.
Mr. Bhupendra Pathak, Adv.
Mr. Satish Kumar, AOR
For Respondent(s) :Ms. Vivya Nagpal, AOR
Mr. Sarvesh Bisaria, Adv.
Mr. Ashish Azad, Adv.
Mr. Ekansh Bansal, Adv.
Mr. Tushar Alok, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer Petitions and Application being IA No. 85050
of 2025 are disposed of in terms of the Signed Order.
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2. Pending application(s), if any, shall stand disposed of.
(KAPIL TANDON) (NIDHI WASON) COURT MASTER (SH) COURT MASTER (NSH)
(Signed Order is placed on the file.)
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