Supreme Court – Daily Orders
Sanjay Kumar Singh vs Ardija Singh on 31 July, 2025
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1304 OF 2024
SANJAY KUMAR SINGH PETITIONER(S)
VERSUS
ARDIJA SINGH RESPONDENT(S)
O R D E R
The present case has a chequered history. Initially by
order dated 20.02.2025, the matter had been disposed of by
allowing the transfer as was prayed in the petition. However,
the said order was recalled as learned counsel for the parties
had represented before the Court that in fact the petition has
been dismissed by the oral order passed in the Court but the
Record of Proceeding showed that the prayer had been allowed.
In view thereof by order dated 17.03.2025 in Miscellaneous
Application in Diary No.11670 of 2025, we had recalled the
initial order recorded in the case.
2. Thereafter, both the parties have jointly filed I.A.
No.123007 of 2025 bringing on record the settlement between
them and had made prayer to dispose of the case in such terms
of the agreement and further to invoke our power under Article
142 of the Constitution of India for granting divorce by
Signature Not Verified
mutual consent. Accordingly, the matter has been listed today
Digitally signed by
VARSHA MENDIRATTA
Date: 2025.08.20
10:43:01 IST
Reason:
and taken up.
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3. The present transfer petition has been filed by the
petitioner-husband seeking transfer of Divorce Petition
bearing No. PA-1322/2023, titled “Ardija Singh Vs Sanjay Kumar
Singh” pending before the Family Court, Pune, Maharashtra to
the Family Court at Guwahati, Assam.
4. The matter is taken out of turn for the reason that we
have been informed that the parties, who are physically
present today having come from outside Delhi, have settled
the matter.
5. The initial draft of settlement did not inspire
confidence, but upon reconsideration, the parties have again
worked out the terms and finalized the Settlement Agreement
with appropriate changes.
6. The said Settlement Agreement has been signed by both the
parties on 29.04.2025.
7. For the purpose of convenience, the terms and conditions
of the Settlement Agreement dated 29.04.2025, are reproduced
below for ready reference:-
“ SETTLEMENT AGREEMENT
This Settlement Agreement is made and entered into on this 29th day of
April, 2025 at Delhi
-BETWEEN-
Dr.Sanjay Kumar Singh, aged about 38 years, son of Late Lallan Singh
residing at- Shreyans Enclave, Flat 1 D, Christian Basti, Guwahati –
781005 (Alternate Address: C/o MVD Health Plus, G. S. Road, Opp.
City Central Mall, Guwahati – 781005, Assam) in the district of Kamrup
(M) Assam hereinafter called and referred to as the “petitioner”
(Husband)
AND
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Dr.Ardija Singh, aged about 37 years, daughter of Ramesh Chandra
Singh, residing at -Rio: 2103, Aspire Tower 7, Amanora Park
Town,Hadapsar, Pune 411028 hereinafter called and referred to as the
“Respondent” (Wife).
1. Whereas the Hon’ble Supreme Court vide Order dated 17.03.2025 in
Transfer Petition (C) No. 1304 of 2024 has referred the matter to
Supreme Court Mediation Centre. Comprehensive mediation sessions
were held between the parties and their respective advocates on
03.04.2025 (physical), 09.04.2025, 17.04.2025 (virtually) and today i.e.
29.04.2025, wherein both parties out of their own free will and without
any force/coercion or pressure, have settled the above matter as well as
given their consent, on the following terms voluntarily, amicably to bring
an end to a long pending differences between them and undertake not
to re-agitate the same in any manner in future.
2. Whereas the marriage between the Petitioner and Respondent was
solemnized as per Hindu rites and ceremonies on 29.11.2017 at Pune,
Maharashtra. After marriage parties resided together at Guwahati,
Assam and out of wedlock one baby girl Amayra was born on
04.03.2022 at Pune.
3. Both the parties are living separately since 05.08.2022, and
thereafter disputes and differences arose between the parties. The
Parties have agreed for a mutual divorce and will be filing an
appropriate application under Article 142 before the Hon’ble Supreme
Court for decree of divorce and quashing of all the respective cases
between parties. The mutual divorce is agreed on the following final
terms and conditions:
A. There is one issues born out of the said wedlock i.e a daughter
“Amayra” (born on 04/03/2022) who is in the custody of the
Respondent-Wife and Respondent Wife shall retain exclusive sole
custody of the minor daughter “Amayra”. The parties agree that the
Respondent (Wife) shall have the sole custody of the child. The wife
shall have all the rights to take all decisions for the minor daughter with
respect to her education, domestic travel, health and financial matters.
Petitioner (husband) will not claim any custody in future of the daughter.
The Petitioner (Husband) shall have no claim, say, or objection in
relation to any decisions made by Respondent wife for the daughter with
respect to the aforesaid matters i.e. education, domestic, travel, health
and financial matters of the child.
B. That, the respondent wife is not demanding any alimony, and
irrevocably waives any and all past, present, and future claims for
alimony or maintenance against the petitioner (Husband).
C. That, the Petitioner (Husband) states that the current balance in the
Sukanya Samriddhi Yojana account, maintained for the welfare and
future education of the minor daughter, stands at Rs.4,97,812 (Rupees
Four Lakh Ninety-Seven Thousand Eight Hundred and Twelve only), in
which 4.5 lacs is contributed by the petitioner(Husband). The Petitioner
4(Husband) shall take steps to transfer the said account from Guwahati
to Pune and change the guardian’s name from self to respondent (wife)
within 15 days from the signing of the present
Settlement Agreement. Both parties will Co-operate with each other
to get the aforesaid account transferred. Thereafter the Petitioner
Husband will hand over all documents with respect to the said account
and its control to the Respondent (Wife), who shall
henceforth be solely responsible for any future contributions and
mandatorily maintain the account by depositing the same amount of
Rs. 1,50,000/- (One Lakh and Fifty Thousand Only) every year till the
minor attains the age of 15 years. The Petitioner (Husband) shall have
no claim, say, or objection in relation to the said account at any point in
the future.
Details of the account-
SSY Account No.-55100001156561
IFSC Code -HDFC0000008
Start date-23/12/2022
Maturity date-23/12/2043D. The Petitioner husband will pay amount of Rs.44,00,000 (Rupees
Forty Four Lakhs Only) to the Respondent (wife) for the upbringing and
welfare of the child. It shall be for the welfare, maintenance, education
and any other expenses for the minor girl child. The Petitioner
(Husband) shall pay the amount to the Respondent (wife) vide Demand
Draft in the name of Ms. Ardija Singh, to be handed over before this
Hon’ble Court on the date of hearing. The Respondent-wife has opened
an “Account No. 6111916049, Kotak Mahindra Bank, Magarpatta, Pune-
IFSC Code- KKBK0001752”, where the said draft will be deposited and
the amount will be invested reputed financial instruments. The
interest/return on investment will be used for the welfare
upbringing of the child.
E. That both the parties will take out a separate medical insurance with
a coverage of Rs. 5,00,000/- (Rupees Five Lakh Only) for the daughter
till she becomes financially independent. The medical policy and the
card details shall be provided to respondent (wife) every year.
F. That the Respondent (Wife) undertakes not to make any future claim
for financial assistance from the Petitioner(Husband) ever for herself at
any time in the future.
G. That, both the party-Petitioner (Husband) and the Respondent (wife)
shall withdraw all the pending cases filed by them in connection with
and arising out of present matrimonial disputes as mentioned below:-
a. Divorce petition filed by “Respondent” wife in Family court Pune, at
Pune under HMA-13(1)(la), Section-26 along with DV application filed
under section 26 of DV Act AW SEC,18, 19, 20,21 and 22 of The
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT
bearing Case no. 1322/2023(MHFC120030522023).
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b. The parties will cooperate with each other to withdraw the aforesaid
cases within one month from the order passed by this Hon’ble
Court.
H. The Petitioner (Husband) can make a video call (via Face Time or
WhatsApp Video Call) to the minor child on every 2nd and 4th Sunday
of every month around 12pm for half an hour, after confirming with
mother one day prior through message. The petitioner’s mother can join
him in the same call (as conference call) if she wishes. The parties will
communicate with each other through E-mail and mobile message as
mentioned below and in case there is a change in the mobile
number or Email ID same shall be updated to the other side. The time
can be mutually adjusted/decided between the parties.
PETITIONER (HUSBAND)
Email Id- [email protected]
Mob. No. 9864954254RESPONDENT (WIFE)
Email Id- [email protected]
Mob. No. 9167955606
I. The Petitioner (Husband) alongwith his mother and sister may
physically meet the minor child once every three months i.e. (January,
April, July and October of each year) The Respondent (Wife) shall
accompany the child during such visitations. The visit can be planned
on the second Sunday of every third month for a duration of five hours
during the day time at a time mutually agreed between the parties vide
E-mail or whatsapp or message one week prior to such meeting. The
meeting shall take place in the city where child is residing at any
mutually agreed public place like mall/park. The Petitioner Husband
shall not take the child out of the premises of the mall/park. The
petitioner (husband) will not enter respondent (wife) house or child’s
school premises at any time. In case the last place of visit is changed
the same will be intimated to the Petitioner- Husband immediately. In
case of an emergency or any unavoidable circumstances, either party
may request rescheduling of physical visitation by providing at least 15
days’ prior notice via email or WhatsApp. The new visitation date shall
be fixed by mutual consent within 15 days from the date originally
scheduled. The Petitioner (Husband) shall provide the child with a
mobile phone and SIM card for communication after the child attains
10 years of age, which will be kept in respondent (wife’s) custody.
Petitioner-husband will video call once a week for one hour and can
meet the child after she attains the age of 10 years every month on
the 2nd Sunday for 5 hours there onwards.
J. That both, the Respondent(Wife) and Petitioner (Husband) have
surrendered, given up and relinquished all their rights, title and interest
in the movable and immovable ancestral/self acquired, present and
future property(s) of each other. Both parties agree that they have no
claim against each other’s movable or immovable assets, whatsoever.
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K. Consent and Cooperation of both the parties shall be taken to make
an application for making or renewal of the minor child’s passport.
Both parties agree not to take the child out of the country without the
written consent of the other party.
L. These settlement terms will fully and finally conclude all the claims
Respondent-wife may have against Petitioner-Husband or any of his
family members. Similarly, these settlement terms fully and finally
conclude all the claims Petitioner-Husband may have against
Respondent-wife including the matter of custody.
M. It is further agreed between the parties that if Hon’ble Supreme
Court is pleased to allow application filed by both the parties under
Article 142 of Constitution of India then the Respondent-wife shall
withdraw divorce petition within one month of passing the order by the
Hon’ble Supreme Court.
4. That the Petitioner and the Respondent have agreed that none of
them will initiate any other legal action or complaint against each other
or against the family members of each other in respect of their
matrimonial dispute in future.
5. That subject to the aforesaid terms, the parties have resolved all
the disputes amicably in relation to the marriage and have been left with
no claims against each other or their respective family members.
6. That by signing this Agreement the parties hereto solemnly state
and affirm that they have no further claims or demands against each
other including maintenance, or any movable or immovable property
and all the disputes and differences have been amicably settled by the
parties hereto through the process of mediation.
7. The parties undertake to abide by the terms and conditions set out
in the above mentioned 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.
8. The contents of this settlement – agreement have been explained
to all the parties through their respective counsels and they have
understood the same.”
8. We have heard learned counsel appearing for the parties
and have also interacted with the parties, who were identified
by their respective counsel.
9. Today, both the parties have submitted that the dispute
inter se between them has been amicably settled by mutual
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consent in terms of the Settlement Agreement dated 29.04.2025.
10. In terms of the Settlement Agreement, a sum of
Rs.44,00,000/-(Rupees Forty Four Lakhs), by way of Demand
Draft of HDFC Bank bearing No.000563 dated 06.05.2025 in
favour of the respondent-wife, has been handed over by the
petitioner-husband to the respondent-wife in person in Court
today, which has been accepted by her.
11. The parties confirm that all the terms and conditions
mentioned in the Settlement Agreement have been complied with
and the relevant documents have been handed over by the
petitioner-husband to the respondent-wife.
12. Pursuant to the Settlement Agreement, the parties have
filed an application i.e., I.A.No.123007/2025 seeking
invocation of our power under Article 142 of the Constitution
of India, for dissolution of their marriage by mutual consent
stating that there is not even any remote chance for their re-
union because of the irretrievable breakdown of marital
relationship.
13. After hearing learned counsel for the parties,
interacting with the parties, and going through the materials
on record, we are satisfied that there is no coercion or undue
influence and the parties themselves have decided to apply for
dissolution of marriage by mutual consent.
14. Accordingly, we are inclined to dispose of the matter in
terms of the Settlement Agreement dated 29.04.2025. The
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marriage between the parties stands dissolved by mutual
consent.
15. However, we make it clear that the minor daughter Amayra
born on 04.03.2022 at Pune shall have full right over the
properties of her father to which she is in law entitled to
being the daughter of the petitioner.
16. As a consequence, the following complaint(s)/proceeding(s)
filed by the parties against each other shall stand
quashed/closed in terms of the Settlement Agreement:-
(a) Divorce Petition filed by “Respondent“
wife in Family Court Pune, at Pune under HMA-
13(1)(ia), Section-26 along with DV
application filed under section 26 of DV Act
AW SEC, 18, 19, 20, 21 and 22 of The
Protection of Women from Domestic Violence Act
bearing Case no.1322/2023(MHFC120030522023).
(b) Petition for decree of restitution of
conjugal rights filed by the petitioner
under Section 9 of the Hindu Marriage Act,
1955 bearing F.C.(Civil) Case NO.967 of 2023
titled “Dr. Sanjay Kumar Singh vs. Dr.
Ardija Singh” pending before the Principal
Judge, Family Court, at Guwahati, Assam.
(c) Complaint dated 24.04.2023 made by the
petitioner to the O.C. Dispur Police
Station, Guwahati against the respondent.
17. Registry is directed to draw a decree of divorce in terms
of this order and the Settlement Agreement.
18. Office is directed to send a copy of this order to the
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concerned Courts, before which the cases/complaints/
proceedings, are pending. The parties shall also approach the
concerned Courts in this regard.
19. The present Transfer Petition as also the Interlocutory
Application bearing No.123007 of 2025, shall stand disposed of
accordingly.
20. The Court observes that the parties shall strictly comply
with the terms and conditions of the Settlement Agreement as
recorded hereinabove.
21. Pending application(s), if any, shall also stand disposed
of.
………………….J.
(AHSANUDDIN AMANULLAH)
………………….J.
(S.V.N. BHATTI)
NEW DELHI
31st JULY, 2025
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ITEM NO.9 COURT NO.14 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). 1304/2024
SANJAY KUMAR SINGH PETITIONER(S)
VERSUS
ARDIJA SINGH RESPONDENT(S)
[MEDIATION REPORT RECEIVED]
IA No. 123007/2025 – APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W
SEC 13B OF H.M.A.)
Date : 31-07-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH
HON’BLE MR. JUSTICE S.V.N. BHATTI
For Petitioner(s) Mr. Avijit Roy, AOR
Mr. Kanhaiya Lal Gupta, Adv.
Mr. Sanjay Kumar Singh, Adv.
For Respondent(s) Mr. Abhay Anand Jena, AOR
Mr. Ardija Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The Transfer Petition as also the Interlocutory
Application bearing No.123007 of 2025, shall stand disposed of
in terms of signed order.
Pending application(s), if any, shall stand disposed of.
(VARSHA MENDIRATTA) (ANJALI PANWAR)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)