Supreme Court – Daily Orders
Ekta Bhatnagar vs Ashutosh Bhatnagar on 24 July, 2025
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No.405/2025
EKTA BHATNAGAR Petitioner(s)
VERSUS
ASHUTOSH BHATNAGAR Respondent(s)
O R D E R
1. Exemption Application is allowed.
2. We are informed by the learned counsel appearing for the
parties that their clients have been able to resolve the
dispute before the Supreme Court Mediation Centre.
3. The Settlement Agreement dated 18-06-2025 has been reduced
into writing duly signed by the parties, their respective counsel
and the learned Mediator, Supreme Court Mediation Centre.
4. The terms of the Settlement read thus:-
“SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT is executed on this 18 th June,
2025 at New Delhi between:-
Smt. Ekta Bhatnagar D/o Sh. Ravi Kumar Bhatnagar R/o Smt Vidya
Devi School, Gandhi Puram, Nikat Ashrey Greh, Ramleela Gotiya,
Thana Prem Nagar, Barielly, UP-243122 hereinafter referred to
as “First Party”.
AND
Mr. Ashutosh Bhatnagar S/o Sh. Pradeep Kumar Bhatnagar R/o B-
1/29, Sudarshana Nagar, Pawanpuri, Bikaner, Rajasthan-334003
hereinafter referred to as “Second Party”.
Signature Not Verified
Digitally signed by
VISHAL ANAND
Date: 2025.08.01
20:14:23 IST
Reason: The First Party and the Second Party are hereinafter
collectively referred to as the “Parties”.
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WHEREAS a marriage between the FIRST PARTY and SECOND PARTY
was solemnized on 10.02.2012 according to Hindu rites and
ceremonies at Bikaner, Rajasthan. The parties to the marriage
are governed by the Hindu Marriage Act, 1955.
AND WHEREAS the Parties had thereafter stayed together as
husband and wife till about December, 2015, whereafter
marital disputes had arisen between them;
AND WHEREAS one daughter namely Ms. Hitanshi Bhatnagar was
born on 17.01.2014 from the said wedlock between the parties
during their cohabitation with each other and the daughter
is living with the petitioner herein and studying in class
VIIth;
AND WHEREAS the Second Party had thereafter instituted
Matrimonial Petition bearing Family Main Case No. 499 of
2024 filed before the Ld Principal Judge, Family Court,
Bikaner, Rajasthan, under Section 13 of the Hindu
Marriage Act, 1955 seeking divorce from the First Party;
AND WHEREAS the First Party had then instituted Transfer
Petition (Civil) No. 405 of 2025 before the Hon’ble
Supreme Court of India seeking transfer of matrimonial
petition Family Main Case No. 499 of 2024 for Divorce
instituted by the Second Party from the Ld Principal Judge,
Family Court, Bikaner, Rajasthan to the Ld Principal
Judge, Family Court, Bareilly, UP.
AND WHEREAS during the hearing of the above cited Transfer
Petition, the parties were referred to mediation by the
Hon’ble Supreme Court vide its Order dated 15.04.2025.
Thereafter mediation proceeding were held on 02.5.2025,
14.05.2025 and 29.05.2025 through virtual as well as
physical mode and today i.e. 18.06.2025 through physical
mode and after discussions and negotiations held between
the parties and their family members during the mediation
proceedings, the parties have arrived at an amicable
settlement wherein the parties have agreed to settle all
their matrimonial disputes on the following terms:-
1. That the Parties agree that the marriage between them has
irretrievably broken down due to irreconcilable differences and
that it shall not be possible for them to stay together as
husband and wife. The Parties agree that they should part their
ways amicably by seeking a decree of divorce by mutual consent.
2. That in consideration of the above, the SECOND PARTY agrees
to pay a lump sum amount of Rs.16,00,000/- (Rupees Sixteen Lakhs
Only) in a single installment as a full and final settlement
to the FIRST PARTY and her minor daughter regarding all her claims
past, present and future arising out of such marriage,
including Alimony, Maintenance, Streedhan etc on or before the
date of final disposal of the captioned matter either through
Demand Draft or may transfer directly into the account of the
FIRST PARTY. (Hereinafter referred to as the “Settlement
Amount”).
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3. That the SECOND PARTY is further agreed to handover the
original documents of all 3 LIC Policies bearing number
504246302, for sum assured of Rs. 1,00,000.00 kept in the name of
FIRST PARTY Ms Ekta Bhatnagar and Policy Number 119212268 for
sum assurance of Rs. 50,000.00 in the name of minor daughter
Ms. Hitanshi Bhatnagar and Policy Number 504299549 for sum
assurance of Rs. 1,00,000.00 in the name of minor daughter Ms.
Hitanshi Bhatnagar respectively. It is further agreed by the
SECOND PARTY to give Rs. 92,000/- to the FIRST PARTY so that the
FIRST PARTY may pay the further due installments on her own till
the maturity of the said policies. It is important to mention
here that all the original documents of the above said three LIC
policies shall be handed over and Rs. 92,000/- shall be paid to
the FIRST PARTY by the SECOND PARTY at the time of final disposal
of the captioned matter in addition to settlement amount of Rs.
16 lakhs as mentioned above.
4. That the SECOND PARTY is also agreed to return all the
house-hold items as per the list provided by the FIRST PARTY
along with an ALTO Car bearing No. UP25AP9491 and the SECOND
PARTY is also agreed the pay the transport expenses of all the
house-hold items and PETROL for Car from his house to the
Parent’s house of the FIRST PARTY i.e.from Bikaner, Rajasthan to
Bareilly, UP. The list of the above-said house-hold items is
annexed with the present SETTLEMENT DEED as List-A. It is
important to mention here that as per list of List-A, all the
house-hold items have already been handed over by the SECONDPARTY
to the FIRST PARTY vide dated 14.06.2025.
5. That the SECOND PARTY is also agreed to return two saving
accounts passbook in the name of the FIRST PARTY bearing Nos.
51116132596 and 34281083552 in SBI at Bikaner. It is important to
mention here that both the saving accounts passbooks have been
handed over to the FIRST PARTY during the mediation proceedings
today itself i.e. 18.06.2025 at the Mediation Centre before
signing of the present SETTLEMENT DEED.
6. That the SECOND PARTY is also agreed to return all the
jewellery items as per list provided by the FIRST PARTY. It is
important to mention here that all the jewellery items have been
handed over to the FIRST PARTY during the mediation proceedings
today itself i.e. 18.06.2025 at the Mediation Centre before
signing of the present SETTLEMENT DEED. The list of the
above-said jewellery items is annexed with the present SETTLEMENT
DEED as List-B.
7. That the SECOND PARTY has the visitation rights to meet
with the daughter once in a month and call/video calls on every
SUNDAY with the prior intimation to the FIRST PARTY.
8. That it is also agreed First Party shall have the sole and
exclusive care, control, and custody of the minor child. Second
Party has voluntarily and unequivocally relinquished and waived
all rights to sign or grant consent as the father of the said
minor child in relation to any authorization, documentation,
legal permits, passport issuance or renewal, educational
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admissions (including but not limited to school and college),
and any other matter necessary for or incidental to the welfare
and best interest of the minor child.
9. That both the parties will withdraw their following cases
fi
a. HMA Petition Family Main Case No. 499 of 2024 titled
as Ashutosh Bhatnagar vs Ekta Bhatnagar pending
before the Court of Principal Judge, Family Court,
Bikaner, Rajasthan filed by the SECOND PARTY.
b. Criminal Revision Defective (CRLRD) No. 922 of 2019
titled as Ekta Bhatnagar & Anr vs State of UP & Anr
pending before the Hon’ble High Court of Judicature
at Allahabad filed by the FIRST PARTY.
c. Crl. Misc. Case No. 925 of 2023 U/S 125 (3) CrPC
pending before the Court of Addl Principal Judge
Family Court No. 2 Bareilly, UP filed by the FIRST
PARTY.
d. Crl. Misc. Case No. 461 of 2020 U/S 125 (3) CrPC
pending before the Court of Addl Principal Judge
Family Court No. 2 Bareilly, UP filed by the FIRST
PARTY.
e. Case Crime No. 416 of 2022, FIR-123/2018 U/S
498A/323/504/506 IPC r/w ¾ DP Act pending before the
Court of Judicial Magistrate-I, Bareilly, UP filed
by the FIRST PARTY.
f. Case No. 335 of 2017 under DV Act pending before the Court
of ACJM No. 3, Bareilly, UP filed by the FIRST PARTY
g. Any other case, if any, pending between the parties.
10 That the parties shall withdraw their respective cases
within eight weeks from the order passed by the Hon’ble Supreme
Court of India in the captioned matter OR make a joint request
to quash all the cases pending between the parties at the time
of disposal of the captioned matter.
11. That in view of the aforesaid, the parties agree to make a
joint request before the Hon’ble Supreme Court to accept the
present settlement and dissolve their marriage by their consent
and grant divorce to them in exercise of its inherent
jurisdiction under Article 142 of the Constitution of India at
the time of disposal of the captioned Transfer Petition without
their approaching any civil court for grant of such divorce by
mutual consent and proof of payment of above-said amount of Rs.
16,000,00/- and Rs. 92,000/- will be shown to Hon’ble Court or
enclosed with the Application under Article 142 of the
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Constitution of India as the case may be.
12 The Parties agree to undertake to the Hon’ble Supreme Court
to abide by the present Settlement Agreement.
13. That it is specifically agreed between the Parties that in
case the terms and conditions as stipulated in the present
Settlement agreement are not complied with by either of the
Parties, then either of the Parties shall have the right to
revive their respective cases and pursue the same in accordance
with law.
14.That it is agreed between the Parties that upon the execution
and implementation of the present Settlement Agreement, the
First Party will not claim any further amount towards past,
present and future, maintenance, compensation, alimony or
expenditure, or any other dues from the Second Party.
15. That both the Parties further agree and undertake that they
shall have no claim or right qua any immovable or movable
properties of the other party or against the family members of
the other party whether self-acquired, joint or ancestral under
any circumstances now or in future, immediately in view of the
present Settlement Agreement.
16.That pursuant to engrossing their signatures on the present
Settlement Agreement, the First Party and Second Party shall not
interfere in the lives of each other in any manner including
personal, oral, written, electronic or telephonic contact and
also will not make any allegation against each other and/or
their respective family members. All allegations made by the
Parties against each other or against the family members and
friends of either party shall stand withdrawn unequivocally upon
signing of the present Settlement Agreement.
17.That it is further agreed between the parties that both
parties will not file any civil or criminal case against each
other and their family members. Parties shall not file any
complaint against each other and their family members
whatsoever.
18. That the present Settlement Agreement is effective and
enforceable from the date of its execution and acceptance by the
Hon’ble Supreme Court and shall remain effective and binding and
form part of the decree for mutual consent.
19. That it is agreed between the parties that they will
strictly adhere to the terms and conditions of this Settlement
and will do all acts necessary for the expeditious compliance of
the same and shall cooperate with each other and do all acts and
sign all relevant documents required for the purposes of
obtaining divorce by mutual consent.
20.That both the parties have executed this Settlement Agreement
before the Ld. Mediator appointed by the Supreme Court Mediation
Centre of their own accord and free will, without perpetration
of any force, undue influence or coercion from any quarter, and
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both the Parties shall be estopped in law to assail the validity
of any clause/term of the Settlement on the ground of the same
being void or unlawful. Further, both the Parties have further
confirmed and undertaken that they were given sufficient time
and opportunity to consult their legal counsels of their choice
and it is only after said consultations with the counsels of
their choice, after full understanding of the effect of the
terms and conditions of the present Settlement Agreement, that
the Parties have executed the present Settlement Agreement.
21. The contents of this settlement – agreement have been
explained to all the parties through their respective counsels
and they have understood the same.”
5. The parties are directed to abide by the terms and conditions
of the settlement.
6. In terms of the said settlement, a demand draft of the amount
of Rs.16,92,000/- drawn in favour of the petitioner – wife, which
is being handed-over in the open Court today by the learned counsel
appearing for the respondent – husband to the learned counsel
appearing for the petitioner – wife.
7. In terms of the said settlement, the marriage between the
parties stands dissolved in exercise of our jurisdiction under
Article 142 of the Constitution.
8. The Registry shall draw a decree accordingly in terms of the
settlement.
9. The original Agreement of Settlement shall be kept with the
record of the case.
10. All proceedings between the parties, civil and criminal stand
terminate.
11. The Transfer Petition stands disposed of accordingly.
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12. Pending application, if any, stand disposed of
…………………………………………J
(J.B. PARDIWALA)
…………………………………………J
(R. MAHADEVAN)
NEW DELHI;
24TH JULY, 2025.
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ITEM NO.13 COURT NO.9 SECTION XV
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.405/2025
EKTA BHATNAGAR Petitioner(s)
VERSUS
ASHUTOSH BHATNAGAR Respondent(s)
[MEDIATION REPORT (SETTLEMENT AGREEMENT) RECEIVED]
(IA No. 38040/2025 – EXEMPTION FROM FILING O.T. & IA No. 38039/2025
– STAY APPLICATION)
Date : 24-07-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE R. MAHADEVANFor Petitioner(s) :
Mr. Anubhav Pandey, Adv.
Mr. Manu Krishnan G, AOR
For Respondent(s) :
Mr. Ashish Choudhury, AOR
Mr. R D Singh, Adv.
Ms. Divya Tripathi, Adv.
Ms. Prachi Grover, Adv.
Ms. Sulekha Agarwal, Adv.
Mr. Abhishek Arora, Adv.
Mr. Akash Agarwal, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer Petition stands disposed of, in terms of the
signed order.
2. Pending application, if any, stand disposed of
(VISHAL ANAND) (POOJA SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed Order is placed on the file)