Supreme Court – Daily Orders
Disha Ashesh Khatri @ Miss Disha … vs Ashesh Jashvantlal Khatri on 2 May, 2025
Author: Abhay S. Oka
Bench: Abhay S. Oka
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2565 OF 2023
DISHA ASHESH KHATRI @ MISS DISHA
MUKESHBHAI KHATRI Petitioner(s)
VERSUS
ASHESH JASHVANTLAL KHATRI Respondent(s)
O R D E R
1. Heard the learned counsel appearing for the
parties.
2. Settlement Agreement dated 15th April, 2025 has been
admittedly signed by the petitioner-wife and the
respondent-husband and their respective advocates in the
presence of the learned Mediator. It is an admitted
position that a sum of Rs.30,00,000/- (Rupees thirty
lakhs) has been paid by the respondent-husband to the
petitioner-wife.
3. The marriage between the parties was solemnized on
16th February, 2021. Since 6th October, 2022, the parties
are residing separately. There are number of litigations
pending between the parties arising out of their
matrimonial dispute. Considering the facts of the case,
we are satisfied that the marriage has irretrievably
broken down. Therefore, this is a fit case to exercise
Signature Not Verified
Digitally signed by
ANITA MALHOTRA
Date: 2025.05.07
17:49:28 IST
Reason: the power of this Court under Article 142 of the
Constitution of India to dissolve the marriage.
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4. Accordingly, a joint application has been made by
the parties seeking exercise of power under Article 142
of the Constitution of India. Hence, we pass the
following order:
(a) The marriage solemnized between the
petitioner – Disha Ashesh Khatri @ Miss Disha
Mukeshbhai Khatri and the respondent-Ashesh
Jashvantlal Khatri on 16th February, 2021 is
hereby dissolved by a decree of divorce by mutual
consent under Section 13(B) of the Hindu Marriage
Act, 1955;
(b) Case bearing CRMA J No.7023 of 2022 titled
“Disha Ashesh Khatri v. Ashesh Jashvantlal Khatri
& Ors. pending before the 39th Additional Chief
Judicial Magistrate, Ahmedabad City is hereby
disposed of.
(c) CC No.63072 of 2023 (FIR No.11191030230016
of 2023) pending before the 23 rd Additional Chief
Judicial Magistrate, Ahmedabad is hereby quashed.
(d) In view of decree of divorce and payment
of a lumpsum maintenance, CRMA J No.35 of 2023
pending before 6 – Judge, Family Court Adhmedabad
is hereby disposed of.
(e) FIR No.11191030230016 of 2023 which is
the subject matter of SCR A No.8312 of 2023
pending before the High Court of Gujarat is
hereby quashed.
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(f) Divorce Petition No.A-1808 of 2022 titled
Ashesh Jashvantlal Khatri v. Mrs.Disha Ashesh
Khatri @ Miss Disha Mukeshbhai Khatri being
Matrimonial Case Petition No.A-1808 of 2022
pending in the Court of the Family Court, Bandra,
Mumbai, Maharashtra is disposed of in terms of
this order.
(g) Clauses (1) to (9) of the Settlement
Agreement shall form part of the decree which
read thus:
“This Settlement Agreement is entered
into between Petitioner- Mrs. Disha
Ashesh Khatri @ Miss Disha Mukeshbhai
Khatri, W/o Mr. Ashesh Jashvantal Khatri
R/o. 53/626, Hariom Apartment,
Chandrabhaga, Nava Vadaj, Naranpura
Vistar, Ahmedabad – 380013 (here in after
referred to as Petitioner-Wife) and Mr.
Ashesh Jashvantal Khatri Residing at C/o
Nirav Khatri 1102, Raj Rani CHS, Opposite
Old Sanjeevani Hospital, Pandit Solitaire
Road, Near Anandpara Hospital, Malad
East, Mumbai – 400097 (here in after
referred to as Respondent-Husband).
1. Whereas the marriage between the
petitioner-wife and respondent -husband
was solemnized as per Hindu rites and
ceremonies on 16th February 2021 at MYRIAD
RESTAURANT AND BANQUETS, NEAR SHIVAM
MULTISPECIALITY HOSPITAL, NEW RANIP,
AHMEDABAD, GUJARAT – 380081. After3
marriage parties resided together at
Vadodara and then at Mumbai and there is
no issue out of wedlock.
2. Both the parties resided together as
husband and wife till 6th October 2022,
and thereafter disputes and differences
arose between the parties and since then
she is staying with her parents at
53/626, Hariom Apartment, Chandrabhaga,
Nava Vadaj, Naranpura Vistar, Ahmedabad –
380013. The respondent – husband filed
divorce petition no. A-1808 of 2022 (CNR
No. MHFC010040732022) under Section 13(1)
(ia) of the Hindu Marriage Act, 1955
before the Ld. Family Court (7th Judge)
Bandra, Mumbai, Maharashtra seeking
dissolution of marriage. Thereafter, the
Petitioner-wife preferred the present
Petition seeking transfer of the
abovementioned case.
3. Whereas the Parties have filed
following cases against each other: –
I. Petition u/s 12, 18, 19, 20, 22
and 23 of Protection of Women from
Domestic Violence Act, 2005 bearing
CRMA J No. 7023 of 2022 titled DISHA
ASHESH KHATRI vs 1). ASHESH
JASHVANTLAL KHATRI 2). JASVANTLAL
DALICHAND KHATRI 3). MINABEN
JASHVANTLAL KHATRI 4). NIRAV
JASHVANTLAL KHATRI & 5). SWETA NIRAV
KHATRI pending before 39th Addl.
Chief Judicial Magistrate of
Ahmedabad City.
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II. C.C NO.63072/2023 (FIR No.
11191030230016 of 2023) u/s 498 A,
406, 294(B), 323, 506(1), 114 of IPC
at MAHILA POLICE STATION (WEST)-
AHMEDABAD DISTRICT pending before
23rd Addl. Chief Judicial Magistrate
of Ahmedabad City.
III. Petition U/S 125 of Code of
Criminal Procedure, 1973 bearing
CRMA J No. 35/2023 before 6- Judge,
Family Court AHMEDABAD.
IV. Quashing Application to Quash
F.I.R. No. 11191030230016 of 2023
bearing no. SCR. A No. 8312/2023 U/S
482 of Cr. P.C titled 1). ASHESH
JASHVANTLAL KHATRI (DELETED) 2).
JASVANTLAL DALICHAND KHATRI 3).
MINABEN JASHVANTLAL KHATRI 4). NIRAV
JASHVANTLAL KHATRI & 5). SWETA NIRAV
KHATRI vs 1). STATE OF GUJARAT, 2).
DISHA W/o. ASHESH JASHVANTLAL KHATRI
pending before the High Court of
Gujarat.
V. Divorce petition no. A-1808 of
2022 titled ASHESH JASHVANTLAL
KHATRI vs MRS. DISHA ASHESH KHATRI@
MISS. DISHA MUKESHBHAI KHATRI
Section 13(1) (ia) of the Hindu
Marriage Act, 1955, being
Matrimonial Case Petition No. A-1808
of 2022 (CNR No. MHFC010040732022)
(filing no. 3801/2022 ) pending in
the Court of Family Court Bandra,
Mumbai, Maharashtra.
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VI. The parties undertake to move
appropriate applications to withdraw
all the NC’s and Complaints Lodged
by Petitioner, Respondent and their
respective family members before the
concerned authorities.
4. Whereas Hon’ble Supreme Court vide
Order dated 01.04.2025 in Transfer
Petition (C) No. 2565 of 2023 has
referred the matter to Supreme Court
Mediation Centre. Comprehensive
mediation sessions were held between the
parties and their respective advocates on
07.04.2025 (virtual) and today i.e.
15.04.2025 (physically for signing of the
present Settlement Agreement).
5. Both the parties hereto have arrived
at an amicable settlement on the
following terms and conditions for
dissolution of marriage by mutual
consent: –
A. That the parties have agreed that
the Respondent-husband will pay to
the Petitioner-wife a total sum of
Rs. 30,00,000/- (Rupees Thirty Lakhs
Only) towards full and final
settlement of all her claims towards
her permanent alimony, Stridhan,
maintenance (past, present, future)
and any other claim whatsoever.
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B. It is agreed between the parties
that they will move an application
jointly before the Hon’ble Supreme
Court under Article 142 of
Constitution of India for invoking
inherent powers of the Hon’ble
Supreme Court praying for divorce by
mutual consent as parties are staying
separately since 6th October 2022 i.e.
for the last more than two and Half
years and there is irretrievable
break down of the marriage.
C. It is further agreed between the
parties that if Hon’ble Supreme Court
of India is pleased to allow
application filed by both the parties
under Article 142 of Constitution of
India then both the parties shall
withdraw all the cases filed by them.
The Respondent –husband shall pay to
the Petitioner- wife a total sum of
Rs. 30,00,000/- (Rupees Thirty Lakh
Only) via Demand Draft in the Name of
DISHA MUKESHBHAI KHATRI. The
Petitioner –husband will pay amount
of Rs. 30,00,000/- in 2 installments
is as under: –
I. The Respondent –husband shall
pay first installment an amount
of Rs. 5,00,000/- (Rupees Five
Lakh only) in favour of the
Petitioner wife by way of demand
draft No. 012731 at the time of7
signing the present Settlement
agreement. A copy of the demand
draft is annexed with this
Settlement agreement.
II. The Respondent –husband shall
pay Second installment of Rs.
25,00,000/- (Rupees Twenty Five
Lakhs only) in favour of the
Petitioner wife by way of via
Demand Draft on the date of
listing of the Joint Application
under 142 of the Constitution of
India before the Hon’ble Supreme
Court.
6. 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.
7. 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.
8. 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
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the parties hereto through the process of
mediation.
9. 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.”
(h) A decree shall be drawn in the above terms
by incorporating clauses (1) to (9) within a
period of one month from today; and
(i) The Registry is directed to forward a copy
of this order to the concerned Courts for
recording the disposal of the cases.
5. We appreciate the reasonable stand taken by the
parties and their respective learned counsel. We also
record our appreciation for the role played by the
learned Mediator.
6. The Transfer Petition is disposed of in the above
terms.
……………………..J.
(ABHAY S.OKA)
……………………..J.
(UJJAL BHUYAN)
NEW DELHI;
May 02, 2025.
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ITEM NO.2 COURT NO.4 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). 2565/2023
DISHA ASHESH KHATRI @ MISS DISHA MUKESHBHAI KHATRI Petitioner(s)
VERSUS
ASHESH JASHVANTLAL KHATRI Respondent(s)
([MEDIATION REPORT RECEIVED]
IA No. 198140/2023 – EX-PARTE STAY)
Date : 02-05-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYANFor Petitioner(s) :
Mr. Siddhant Sharma, AOR
Ms. Osheen Bhat, Adv.
For Respondent(s) :
Mr. Aaftabhusen Altafhusen Ansari, AOR
Mr. Rushi Bhavsar, Adv.
Ms. Diya Mitra, 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 also stands disposed of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.)
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