Supreme Court – Daily Orders
Ayushi Upadhyay vs Siddharth Kaushik on 3 January, 2025
Bench: C.T. Ravikumar, Sanjay Kumar
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1322/2024
AYUSHI UPADHYAY PETITIONER(S)
VERSUS
SIDDHARTH KAUSHIK RESPONDENT(S)
O R D E R
By the Award dated 30.07.2024 passed in the Special Lok
Adalat, the parties were referred to the Supreme Court Mediation
Centre for exploring the possibility of a settlement.
The parties have now executed a settlement agreement dated
07.12.2024, duly signed by the petitioner, Ayushi Upadhyay, and the
respondent, Siddharth Kaushik, their relations and their respective
counsel as well as the learned Mediator.
Learned counsel for the parties admit and accept that the
parties have entered into the settlement agreement, as mentioned
above.
Parties had gotten married on 02.05.2022. The petitioner,
Ayushi Upadhyay, and the respondent, Siddharth Kaushik, resided
together till January, 2023. Thereafter, due to differences between
the parties, they started living separately. Parties do not have
Signature Not Verified
any children.
Digitally signed by
babita pandey
Date: 2025.01.07
17:49:35 IST
Reason:
We take the Settlement Agreement dated 07.12.2024 on record.
The respondent, Siddharth Kaushik, handed over a demand draft
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for a sum of ₹15,00,000/- (Rupees Fifteen Lakhs only) to the
learned counsel for the petitioner, which has been accepted by him.
The belongings, in terms of Annexure-A to the Settlement Agreement
dated 07.12.2024, have already been returned to the petitioner,
Ayushi Upadhyay, in the Mediation Centre attached to this Court.
In view of the settlement, we deem it appropriate to exercise
our jurisdiction under Article 142 of the Constitution of India and
hereby dissolve the marriage between the petitioner, Ayushi
Upadhyay, and the respondent, Siddharth Kaushik, by passing a
decree of divorce by mutual consent.
The following proceedings pending between the parties will be
treated as quashed/disposed of: –
1. Domestic Violence Criminal Case No. 23912 of 2023
pending before the learned Chief Judicial
Magistrate, Agra, Uttar Pradesh, filed by the
Petitioner against the Respondent and his family
members.
2. Criminal Misc. Case No. 1782 of 2023 under Section
125 Cr.P.C. filed by the Petitioner, pending before
the Family Court, Agra, Uttar Pradesh.
3. Warrant/Summons Case No. 22100 of 2023 under
Section 200 Cr.P.C. pending before the learned
Chief Judicial Magistrate, Agra, Uttar Pradesh,
filed by the Petitioner.
4. FIR No. 303 of 2023 under Sections 498A, 323, 504,
506 of the IPC read with Section 3 and 4 of the
Dowry Prohibition Act, 1961, lodged in P.S. Kamla
Nagar, Agra, Uttar Pradesh, filed by the Petitioner
against the Respondent and his family members.
5. CS No. 280 of 2024, titled “Rashmi Sharma vs.
Ayushi Upadhyay”, pending before the Court of the
3learned Civil Judge, Shahdara, Delhi.
6. H.M.A. Case No. 23 of 2024, titled “Siddharth
Kaushik vs. Ayushi”, pending before the Family
Court Shahdara, Delhi.
Parties will be bound by the terms of the Settlement
Agreement dated 07.12.2024 and shall abide by the same in true
letter and spirit. Accordingly, the parties will not initiate legal
proceedings on the abovementioned cause of action/allegations.
Recording the aforesaid, the transfer petition is disposed
of.
Pending application(s), if any, shall stand disposed of.
………………CJI.
(SANJIV KHANNA)
………………J.
(C.T. RAVIKUMAR)
……………..J.
(SANJAY KUMAR)
NEW DELHI;
JANUARY 03, 2025.
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ITEM NO.4 COURT NO.1 SECTION XIV
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. 1322/2024
AYUSHI UPADHYAY Petitioner(s)
VERSUS
SIDDHARTH KAUSHIK Respondent(s)
(IA No. 112828/2024 – EX-PARTE STAY)
Date : 03-01-2025 This matter was called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE C.T. RAVIKUMAR
HON’BLE MR. JUSTICE SANJAY KUMARFor Petitioner(s) Mr. Sikander A Siddiqui, Adv.
Mr. Himanshu Gupta, Adv.
Mr. Rizwan Ahmad, AOR
For Respondent(s) Ms. Payal Bahl, Adv.
Mr. Vikhyat Gupta, Adv.
Mr. Ajay Amritraj, AOR
Mr. Deepak Jyoti Ghildiyal, Adv.
UPON hearing the counsel, the Court made the following
O R D E RThe transfer petition is disposed of in terms of the signed
order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)