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Supreme Court – Daily Orders
Harshita vs Raghunandan Singh Bisht on 14 May, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2423 OF 2024
HARSHITA Petitioner(s)
VERSUS
RAGHUNANDAN SINGH BISHT Respondent(s)
O R D E R
1. The petitioner-wife has filed the petition under Section 25
of the Code of Civil Procedure, 1908 before this Court seeking
transfer of Divorce Petition bearing HMA No. 147 of 2024 titled
as “Raghunandan Singh Bisht vs Harshita” filed under Section
13(1)(ia) of the Hindu Marriage Act, 1955 pending before the
Court of Principal Judge, Family Courts, Nainital to the Court
of Principal Judge, Family Courts, Panipat.
2. During the pendency of aforesaid transfer petition, the
parties were referred to the Supreme Court Mediation Centre vide
order dated 13.11.2024. 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
settlement agreement dated 10.02.2025 which has been signed by
both the parties, their counsel and the Mediator, copy of which
Signature Not Verified
has been filed by the Supreme Court Mediation Centre.
Digitally signed by
KAPIL TANDON
Date: 2025.05.15
17:15:46 IST
Reason:
3. Learned counsel for the parties filed a joint application
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being IA No. 105002 of 2025 with the following prayers:
“a. Pass a decree of divorce and dissolve the
marriage solemnized between the Petitioner and the
Respondent on 28.11.2021 on the ground of
irretrievable breakdown of marriage under Article
142(1) of the Constitution of India; and/or;b. Pass such other and further orders as this
Hon’ble Court may deem fit and proper in the
interest of justice.”
4. Further, the terms and conditions and the relevant
paragraphs as set out in Settlement Agreement dated
10.02.2025 are as under:
“1. Both the parties hereto agree, voluntarily and
of their own free will, not to live together as
husband and wife in future. Both the parties have
decided to part ways by seeking divorce through
mutual consent for which the parties through their
Advocates shall file appropriate application(s) in
this case before the Hon’ble Supreme Court of
India.
2. The following cases are pending before the
courts:
Divorce Petition HMA 147/2024 filed by the
Respondent before the Family Court, Principal
District Judge cum-family Judge at Nainital dated
12.08.2024.
Both the parties agree to apply for withdrawal
of all the pending cases mentioned in para-2 of the
present Settlement Agreement besides all other
pending cases/petitions filed by them, if any,
against each other before any court of law or any
other forum, even if other party has no knowledge
of it. This should be done within three weeks of
signing of the Settlement Agreement. They agree to
take all necessary steps and cooperate with each
other to withdraw the same before the filing of the
Petition for divorce by mutual consent.
3. (i) It is also agreed between the parties that
that within four weeks of withdrawal of cases the
parties will jointly, through their advocates, by
way of a Joint Application, request and pray for
divorce by mutual consent under Article 142 of the
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Constitution of India before the Hon’ble Supreme
Court of India.
(ii) In case the same is not granted by the Hon’ble
Supreme Court, the parties will file a petition for
divorce by mutual consent before the Family Court,
Panipat, within 2 weeks of such non-grant of
divorce by the Hon’ble Supreme Court. The parties
also agree to file an application for waiver of
waiting period for second motion u/s 13B(2) of the
HMA and seek a decree of divorce immediately, at
the time of first motion.
(iii) The parties agree that the Respondent shall
transfer by way of RTGS/NEFT in the name of
Harshita, a sum of Rs. 3,00,000/- (Rupees Three
Lakhs Only) on the date of filing of first petition
for divorce by mutual consent by the Petitioner.
The transfer shall be made in the account as per
the details below:
Name- Harshita
Account number – 50100276583783
IFSC code no: HDFC0005677
HDFC Bank
Bhimtal, BranchBoth parties agree that they will handover the
jewellery items mentioned in Annexure A of this
Agreement to each other, as per the Annexure.
4. It is agreed between the parties that on the
date of grant of final Decree for Divorce by a
Court, the Respondent shall transfer by way of
RTGS/NEFT on the same day, the sum of Rs.
9,00,000/- (Rupees Nine Lakhs Only) in the name of
Harshita, which is the balance amount out of Rupees
12,00,000/- which was to be paid by the Respondent.
The Bank account details of Ms. Harshita are as
given above.
5. It is agreed between the parties that the
aforesaid amounts (Rs. 3 Lakhs+ 9 Lakhs amount)
paid over/deposited by the Respondent shall be by
way of full and final settlement on account of
Stridhan of Petitioner, and past, present and
future maintenance.
6. It is also agreed that both parties shall
conduct themselves in a proper manner and treat
each other with dignity and shall not speak ill or
cast any aspersions about each other or their
respective families. The parties undertake not to
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post any photographs of each other on social media.
They will delete the previous photographs of
marriage or any other photographs of each other on
social media. They shall unfollow each other and
their relatives on social media.
7. Both the parties agree and undertake that they
have settled all their disputes and grievances
amicably against each other and against their
family members. Further, they shall not file any
proceedings, whether criminal or civil, emanating
from this matrimonial matter, against each other or
their family members in any forum, or stake any
claim on the movable or immovable, joint or
ancestral, self-acquired or HUF properties of
either party or their family.
8. Both the parties have agreed that in case any
party does not fulfill any of the terms mentioned
in the present Settlement Agreement, the other
party shall have the right to initiate legal/
appropriate proceedings against the other party in
default.
9. By signing this Agreement, the parties hereto
solemnly state and affirm that they have no further
claims or demands against each other and all their
disputes and differences have been amicably settled
by the parties hereto through the process of
Mediation.
10. The parties undertake before this Hon’ble Court
to abide by the terms and conditions set out in the
abovementioned Agreement, which have been arrived
at without any coercion, duress or collusion and
undertake not to raise any dispute whatsoever
henceforth.
11. The terms of this Settlement Agreement have
been discussed by both the parties with their
respective Counsels, who were also present during
Mediation, prior to signing.
12.It is agreed between both the parties that this
Settlement Agreement supersedes, all prior
discussions, meetings and agreements related to
this matter.
Annexure A
Jewellery to be given by the Respondent to the
Petitioner
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1. Gold Set-1 Necklace, 1 pair Earring, 1 Ring, 1
Sirphool.
2. 1 Gold Nath
3. 1 pair Gold Tops
4. 1 Pair of pajeb (silver)
5. 1 gold Chain
6. 1 Gold Ring
Jewellery to be given by the Petitioner to the
Respondent
1. 1 pair Gold Earring
2. 1 Mangalsutra”
5. We have taken the Joint Application and Settlement
Agreement dated 10.02.2025 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. Harshita (petitioner-wife)
and Mr. Raghunandan Singh Bisht (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 28.11.2021 at Anant Palace,
Bhimtal, Uttarakhand stand dissolved by a decree of divorce by
mutual consent.
7. Copy of this order shall be sent to the concerned Courts
for follow up action.
8. In view of the above, Transfer Petition and Joint
Application being IA No. 105002 of 2025 are disposed of. The
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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. Pending applications(s), if any, are disposed of.
…………………………………………………………………………J.
[PAMIDIGHANTAM SRI NARASIMHA]…………………………………………………………………………J.
[JOYMALYA BAGCHI]NEW DELHI;
MAY 14, 2025
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ITEM NO.3 COURT NO.9 SECTION X
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). 2423/2024
HARSHITA Petitioner(s)
VERSUS
RAGHUNANDAN SINGH BISHT Respondent(s)
[JOINT APPLICATION FILED]
IA No. 105002/2025 – APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W
SEC 13B OF H.M.A.
IA No. 204768/2024 – EX-PARTE STAY
IA No. 204767/2024 – EXEMPTION FROM FILING O.T.
IA No. 255647/2024 – EXEMPTION FROM FILING O.T.Date : 14-05-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON’BLE MR. JUSTICE JOYMALYA BAGCHIFor Petitioner(s) : Ms. Binisa Mohanty, AOR
For Respondent(s) :Mr. Ravindra S. Garia, AOR
Mr. Shashank Singh, Adv.
Mr. G Sriniwas Reddy, Adv.
Mr. Upendra Singh Rajput, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer Petition and Joint Application being IA No.
105002 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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