Supreme Court – Daily Orders
B.K. Rathi vs S.Abhilash on 28 July, 2025
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CIVIL) NO(S).248 OF 2025
B.K. RATHI Petitioner(s)
VERSUS
S.ABHILASH Respondent(s)
WITH
T.P.(C) No. 956/2025
O R D E R
1. These two transfer petitions arise from a dispute between
husband and wife. To ensure that dispute is amicably resolved, by
order dated 01.04.2025, this Court directed the parties to appear
before the Co-ordinator of the Supreme Court Mediation Centre.
2. Pursuant to the efforts of the Mediator, parties have arrived at
a settlement of which Report has been submitted by the Mediation
Centre vide letter dated 07.05.2025. The essential terms of the
settlement are extracted below:
“5. The Parties have voluntarily and with their
consent arrived at an amicable settlement through the
process of mediation on the terms set out hereunder:
I The Parties agree to seek the dissolution of their
marriage by a decree of divorce by mutual consent in
terms of Section 13 B of the Hindu Marriage Act,
1955.
Signature Not Verified
Digitally signed by
babita pandey
II The Parties agree that in full and final
Date: 2025.08.01
17:02:39 IST
Reason:
settlement of all claims of the Petitioner whether it
be towards maintenance (past, present and future),
alimony, stridhan, movable or immovable properties or1
belongings or any other ground whatsoever, and
towards fill and final settlement of all
litigation/proceedings filed by Parties, the
Respondent will pay a sum of Rs. 3,00,000/- (Rupees
Three Lakhs only) to the Petitioner through Demand
Draft/Online Payment before the Hon’ble Court.
III Both Parties agree and undertake to respect and
maintain each other’s dignity for all times to come.
IV The Parties will not make any statement in the
press or on any social media or to their respective
or prospective employers or colleagues or call any
friends, relatives or acquaintances with respect to
any aspect relating to their marriage or divorce or
the life or career of the other. Any defamatory
statement made in the press or over social media or
through any other medium or to respective or
prospective employers or colleagues or to friends,
relatives or acquaintances by either of the Parties
will be considered to be a breach of the present
Settlement Agreement, leaving the aggrieved Party to
take recourse to his/her legal remedies.
V The Parties agree that should any
complaint/proceedings/case between the Parties, apart
from those listed in Para 4 hereinabove, be found to
be pending, the same shall be deemed to be withdrawn.
The Parties agree and undertake that they or any of
their family members will not file any civil,
criminal. matrimonial or other proceedings against
each other or their family members in any Court of
law or arry authority with regard to the marriage and
matters incidental thereto.
VI. The Parties have agreed to request the Hon’ble
Supreme Court to exercise the powers under-Article
142 of the Constitution of India to:
(i) dissolve the marriage between the Parties
by passing a decree of divorce by mutual
consent, pursuant to payment of Rs. 3,00,000/-
(Rupees three lakhs only) to the Petitioner;
(ii) quash/dispose of the Petition filed by
the Petitioner under Section 12 read with
Section 19 and 22 of the Protection of Women
and Domestic Violence Act 2005 (‘DV Act‘)
titled as “B. K Rathi vs. S. Abhilash & Ors.”
bearing D.V.C. No. 64 of 2024, which is
pending before the Court of learned
Metropolitan Magistrate-cum-Additional Mahila
Judge at Egmore, District-Chennai (Tamil
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Nadu);
(iii) dispose of the instant Petition bearing
Transfer Petition (Civil) No. 248/2025 and
Transfer Petition (Civil) No. 956/2025 in
terms of this Settlement Agreement.”
3. Pursuant to the above settlement, an application has been
jointly filed by the parties invoking powers of this Court under
Article 142 of the Constitution of India to grant a decree of
divorce by mutual consent and to waive the period of notice
provided under Section 13B(2) of the Hindu Marriage Act, 1955.
Prayer is also made that two other proceedings pending between the
parties be also disposed of in terms of the settlement extracted
above.
4. At this stage, learned counsel for the respondent submits that
in terms of the settlement, the husband was required to pay a lump
sum amount of Rs.3,00,000/- (Rupees Three Lakhs) to the wife, which
he has paid today by tendering Bank Draft No.051571 dated
13.05.2025, photocopy of which has been produced. Learned counsel
for the petitioner-wife acknowledges receipt of the said draft.
5. Having regard to the settlement arrived at by the parties, we
are of the view that it is a fit case where powers of this Court
under Article 142 of the Constitution of India be exercised to
dissolve the marriage by mutual consent.
6. IA No. 174650/2025 is hereby allowed and a decree of divorce be
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drawn dissolving the marriage of the parties. The proceedings of
F.C.O.P. No.376/2023 under Section 12(1)c of the Hindu Marriage
Act, 1955 and D.V.C. No.64/2024 under Section 12 read with Sections
19 and 22 of the Protection of Women and Domestic Violence Act,
2005, are hereby quashed.
7. Transfer Petitions are disposed of in the aforesaid terms.
8. Pending application(s), if any, shall stand disposed of.
……………………………………………………………………J.
[MANOJ MISRA]
………………………………………………………………………J.
[UJJAL BHUYAN]
NEW DELHI;
28st JULY, 2025
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ITEM NO.1 COURT NO.16 SECTION XII-A
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). 248/2025
B.K. RATHI Petitioner(s)
VERSUS
S.ABHILASH Respondent(s)
[ MEDIATION REPORT RECEIVED IN TP (C) NO. 248/2025 ]
IA No. 26937/2025 – STAY APPLICATION
WITH
T.P.(C) No. 956/2025 (XII)
FOR
FOR EX-PARTE STAY ON IA 88421/2025
IA No. 88421/2025 – EX-PARTE STAY
Date : 28-07-2025 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE MANOJ MISRA
HON’BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) : Mr. Avadh Bihari Kaushik, AOR
Ms. Saloni Mahajan, Adv.
Mr. Rishabh Kumar, Adv.
Mr. P R Kovilan Poongkuntran, Adv.
Mr. Veeraraghavan, Adv.
Mrs. Geetha Kovilan, AOR
Mr. Lenin Raj K, Adv.
Ms. Jubli Momalia, Adv.
For Respondent(s) : Mr. Avadh Bihari Kaushik, AOR
Ms. Saloni Mahajan, Adv.
Mr. Rishabh Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Transfer petitions are dispose of in terms of the Signed Order
placed on the file.
2. Pending application(s), if any, shall stand disposed of.
(RASHI GUPTA) (SAPNA BANSAL)
COURT MASTER (SH) COURT MASTER (NSH)
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