Supreme Court – Daily Orders
Elizabeth Joseph vs Amal Fabian on 14 July, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 3196 OF 2024
ELIZABETH JOSEPH Petitioner(s)
VERSUS
AMAL FABIAN Respondent(s)
O R D E R
1. The petitioner-wife has filed the petition under Article
139-A(2) of the Constitution of India read with Section 25 of
the Code of Civil Procedure, 1908 before this Court seeking
transfer of Divorce Petition being IDA No. 07 of 2024 titled as
“Amal Fabian vs Elizabeth Joseph” filed under Section 18 r/w
19(3) of the Indian Divorce Act, 1869 pending before the
Principal Judge, Family Court, East District, Karkardooma, Delhi
to the Family Court, Bengaluru, Karnataka.
2. During the pendency of aforesaid transfer petition, the
parties were referred to the Supreme Court Mediation Centre vide
order dated 27.01.2025. By virtue of the mediation, the parties
have arrived at a settlement and they have decided to part ways
on certain terms and conditions which are delineated in the
Signature Not Verified
Digitally signed by
settlement agreement dated 09.05.2025 which has been signed by
KAPIL TANDON
Date: 2025.07.16
16:12:56 IST
Reason:
both the parties, their counsel and the Mediator, copy of which
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has been filed by the Supreme Court Mediation Centre.
3. Learned counsel for the parties has filed a joint
application being IA No. 131222 of 2025 with the following
prayers:
“a. Grant its approval of the Settlement Agreement
dated 09-05-2025 and take on record the undertakings
of the Joint Applicants therein.
b. Grant a decree of Divorce by mutual consent of
Marriage thereby dissolving the marriage between the
Petitioner (Joint Applicant) and the Respondent
(Joint Applicant) solemnized on 16-06-2022 at
Bangalore.
C. Pass appropriate directions to the Parties that
the proceedings initiated by them shall stand
withdrawn.
d. Pass other appropriate order or orders as are
deemed fit and proper in the facts and circumstances
of the case;”
4. Further, the terms and conditions and the relevant
paragraphs as set out in Settlement Agreement dated
09.05.2025 are as under:
“1. That, both the parties hereto confirm and
declare that they have, voluntarily and of their
own free will have decided not to live together as
husband and wife and have arrived at this
Settlement in the presence of the Mediator, the
counsel for the Petitioner, counsel for the
Respondent and their family members.
2. The Respondent has agreed to pay a total sum of
Rs. 16,00,000/-(Rupees Sixteen Lakh only) by way of
a demand draft drawn in favour of the Petitioner-
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Wife towards full and final settlement inclusive of
all her claims, including but not limited to
alimony (past, present, and future), maintenance,
stridhan, belongings, and any other claims
whatsoever arising out of the matrimonial
relationship. I
In consideration of the aforesaid settlement
amount, the Petitioner has returned all wedding
gifts, including gold items and other articles,
received by her from the Respondent and/or his
family (as per the attached list), to the
Respondent on 09.05.2025, and the remaining items
have been collected by the Respondent’s
representative from the Petitioner residence in
Bangalore today and the parties agree that upon
return of the said items and on the payment of the
settlement amount in the Hon’ble Court, neither
party has any further claims against the other,
whether civil and criminal. The list of all the
items being returned is annexed herewith as
Annexure A.
3. Out of the aforesaid sum of Rs. 16,00,000/-
[Rupees Sixteen Lakh Only] the Respondent-Husband
has prepared a demand draft (No. 914877 dated
06.05.2025 for Rs. 16,00,000/- [Rupees Sixteen Lakh
only] drawn on The South Indian Bank Limited) in
the name of Petitioner “Elizabeth Joseph” and the
same would be handed over to the Petitioner or her
counsel, at the time when the matter is listed
before the Hon’ble Court.
4. The Joint Application shall be filed by the
Petitioner and the Respondent before the Hon’ble
Supreme Court of India for a decree of Divorce by
mutual consent of marriage under Article 142 of the
Constitution of India within 7 days from the date a
certified copy of this Agreement is handed over to
the Parties by the Mediation Centre and the Parties
and their counsel shall jointly request that the
abovementioned Transfer Petition before the Hon’ble
Supreme Court shall be disposed by the Hon’ble
Supreme Court as well as the Joint Application
resulting in a decree of Divorce by mutual consent
of marriage between by the Petitioner and
Respondent and the certified Copy is made available
as soon as possible.
5. That, both the Parties hereto have agreed to
confirm and abide by the said above terms and
conditions and declare that they have, voluntarily,
without any pressure or coercion of their own free
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will and accord, have agreed to part with each
other amicably and shall not interfere in the life
of each other in future in any manner. The
Settlement has been arrived at by the above parties
in the presence of Mediators, their respective
counsels and family members.
6. That both parties hereby confirm that they have
not filed any civil or criminal case or complaint
before any court or police station against each
other or their respective relatives or any family
member other than IDA No. 07 of 2024, titled as
“Amal Fabian Vs. Elizabeth Joseph” pending before
the Ld. Family Court, East District, Kakardooma,
Delhi that was filed by the Respondent – Husband.
7. That if any other civil or criminal case or
complaint is filed by any party against other party
or their respective relatives or any family member,
the same shall be withdrawn forthwith.
8. That both the parties hereto undertake that
henceforth they would not file any civil/criminal
complaint or any other case against each other or
against their family members and/or relatives with
regard to their matrimonial dispute,
9. That both the parties have agreed that none of
them will make any effort to defame / malign the
other party in person or their respective parents
or relatives/family members through any social
media or any other forum in any manner.
10. That the Petitioner shall have no claim or any
right against the movable/immovable properties of
the Respondent and/or his parents and/or his
relatives in future. Similarly, Respondent will
have also no claim or right against the
movable/immovable properties of the Petitioner and
or her parents and/or her relatives.
11. That by signing this Agreement, the parties
hereto solemnly state and affirm that they have no
further claim or demands of any kind against each
other and all the disputes and differences have
been finally and amicably settled by the parties
hereto through the process of Mediation and this
settlement agreement,
12. That, both the parties have agreed that in case
any party to this Settlement Agreement backs out
from any of the terms and conditions mentioned
above, the affected party shall have the right to
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initiate appropriate legal proceedings against the
party for contempt of Court of Hon’ble Supreme
Court of India and would make a prayer to the
Hon’ble Court to the effect the defaulting party
shall have to return all amounts received under
this Agreement forthwith failing which the
defaulting party shall be liable not only to pay
all amounts received under this Agreement but also
along with compound interest at rate of 30% per
annum for the delay period the amounts due remain
unpaid.
13. That the parties hereto named above have read
and understood the terms and conditions of this
settlement and have agreed to the signing of this
settlement/agreement in the presence of all the
person named below, to authenticate their consent
to comply with the same as agreed to above in
letter and spirit at New Delhi on this 9th Day of
May, 2025.
Annexure – A
Return of Gifts
1 Wedding gifts from Amal Fabain
1. Gold ring
2. Gold chain
3. Gold ‘thali’ locket
4. Gold diamond ring
2 Wedding gifts from the reception in Bangalore
given by Amal’s guests
1. Mont Blanc set
2. Handicraft box
3. Wall hanging
4. A pair of towels
5. Bedspread + 2 pillow cases + 2 cushions
6. Warli painting
7. Georgian porcelain mirror
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8. Rs. 5,000-From Anupa and Vikram’s friends
9. Rs. 5,000- Nisha & Savio
3 Money paid by Amal
1. Florina Finishing School – Rs. 88,500
2. Saree Rs. 35,000″
5. We have taken the Joint Petition and Settlement Agreement
dated 09.05.2025 on record.
6. Having considered the matter in detail and having perused
the Settlement Agreement & Joint Application which is also
supported by the affidavits of Ms. Elizabeth Joseph (petitioner-
wife) and Mr. Amal Fabian (respondent–husband), we are of the
view that this is a fit case for exercising power under Article
142 of the Constitution of India to dissolve the marriage
between the parties. Consequently, the marriage between the
parties which was solemnized on 16-06-2022 at Bengaluru stand
dissolved by a decree of divorce by mutual consent.
7. Copy of this order shall be sent to the concerned Court(s)
for follow up action.
8. In view of the above, Transfer Petition and Joint
Application being IA No. 131222 of 2025 are disposed of. The
Registry will draw a decree in the aforesaid terms.
9. It is further directed that the parties shall abide by the
terms of this settlement implicitly.
10. Further, we place on record our appreciation to the efforts
put in by Mr. Sanjay Sarin, Mediator/Advocate for conducting the
successful mediation as a result of which this matter has been
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settled.
11. Pending applications(s), if any, are disposed of.
…………………………………………………………………………J.
[PAMIDIGHANTAM SRI NARASIMHA]
…………………………………………………………………………J.
[ATUL S. CHANDURKAR]
NEW DELHI;
JULY 14, 2025
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ITEM NO.4 COURT NO.7 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(s)(Civil) No(s). 3196/2024
ELIZABETH JOSEPH Petitioner(s)
VERSUS
AMAL FABIAN Respondent(s)
[SETTLEMENT AGREEMENT RECEIVED]
IA No. 272531/2024 – STAY APPLICATION
Date : 14-07-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON’BLE MR. JUSTICE ATUL S. CHANDURKAR
For Petitioner(s) :Mr. Mayank Sapra, AOR
Ms. Lalima Das, Adv.
For Respondent(s) :Mr. Sunil J Mathews, Adv.
Ms. Jyoti Chibber, Adv.
Ms. Yashika, Adv.
Mr. Rajeev Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer Petition and Joint Application being IA No.
131222 of 2025 are disposed of in terms of Signed Order.
2. Pending application(s), if any, shall stand disposed of.
(KAPIL TANDON) (NIDHI WASON) COURT MASTER (SH) COURT MASTER (NSH)
(Signed Order is placed on the file)
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