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Supreme Court – Daily Orders
Mharoni Ngullie vs Himanshu Nigam on 9 April, 2025
Author: Abhay S. Oka
Bench: Abhay S. Oka
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.3373/2023
MHARONI NGULLIE PETITIONER(S)
VERSUS
HIMANSHU NIGAM RESPONDENT(S)
O R D E R
1. Heard the learned counsel appearing for the parties.
2. A Settlement Agreement dated 12th May, 2024 duly signed by the
petitioner (wife) and the respondent (husband) and their respective
learned Advocates is placed on record along with IA No.119283/2024.
The learned counsel appearing for the parties state that the
Settlement Agreement has been signed by the petitioner (wife) and
the respondent (husband).
3. A sum of Rs.20,00,000/- (Rupees Twenty Lakh) has been paid by
the respondent (husband) to the petitioner (wife) in terms of
clause 6 of the Settlement Agreement. It is pointed out that the
petitioner (wife) has complied with sub-clause ‘c’ of clause 7 of
the Settlement Agreement.
4. The marriage between the parties was solemnized on 1 st March,
2017. They have been residing separately from 24 th August, 2019.
Considering the nature of the disputes between the parties, we are
satisfied that the marriage between the parties has been
irretrievably broken-down. Therefore, we are of the view that this
Signature Not Verified
Digitally signed by
ASHISH KONDLE
Date: 2025.04.21
17:55:05 IST
Reason: 1
a fit case to exercise our jurisdiction under Article 142 of the
Constitution of India for dissolving the marriage.
5. Accordingly, we pass the following order:
(i) The marriage between the petitioner – Mharoni Ngullie and
the respondent – Himanshu Nigam solemnized on 1st March, 2017,
is hereby dissolved by a decree of divorce by mutual consent
under Section 28 of the Special Marriage Act, 1954;
(ii) Divorce Petition No.1357 of 2023 pending before the
learned Additional Principal Judge, Family Court, Kanpur
Nagar, Uttar Pradesh, and Maintenance Case No.05 of 2023
pending before the learned Principal Judge, Family Court,
Dimapur, Nagaland, stand disposed of in terms of this Order;
(iii) Clauses 1 to 17 of the Settlement Agreement read thus:
“1. The parties herein state that they were
married to each other on 01.03.2017 at
Kanpur, Uttar Pradesh. Subsequently their
marriage has been registered under the
Special Marriage Act, 1954 on 17.03.2017
before the Court of Ld. Principal Judge,
Family Court, Dimapur, Nagaland.
2. They state they could not have happy
married life and they are living separately
from 24.08.2019. The following cases were
filed by both the parties against each other:
a. Divorce Petition No. 1357 of 2023
filed by the Respondent which is
pending before Ld. Additional
Principal Judge, Family Court, Kanpur
Nagar, Uttar Pradesh filed under
Section 27 of the Special Marriage
Act, 1954.
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b. Maintenance Case No. 05 of 2023
filed by the Petitioner which is
pending before Ld. Principal Judge,
Family court, Dimapur, Nagaland filed
under Section 125 of Code of Criminal
Procedure, 1973 read with Section 37
of the Special Marriage Act, 1954.
3. The parties state that they have no
children born to them from their wedlock.
4. That the parties have agreed to seek
dissolution of marriage by a decree of
divorce by mutual consent in terms of Section
28 of The Special Marriage Act, 1954, by this
Hon’ble Court in exercise of its plenary
power under Article 142 of the Constitution
of India, with a further prayer to waive off
the mandatory cooling off period.
5. That the parties further undertake to
make a joint prayer before the Hon’ble
Supreme Court of India to quash and set aside
or in the alternative to withdraw all the
pending proceedings initiated by and at the
instance of both parties against each other
before the family courts in the states of
Uttar Pradesh and Nagaland respectively or
any other court or authority.
6. The Respondent/Husband undertakes to pay
a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs
only) to the Petitioner/Wife towards all her
claims of maintenance/permanent alimony as a
full and final settlement in the following
manner:
a. The Respondent/Husband shall pay
a sum of Rs. 20,00,000/- (Rupees
Twenty Lakhs only) to the
Petitioner/Wife within 11 months
from the date of present agreement.
b. The first tranche of payment of
Rs. 7,00,000 (Rupees Seven Lakhs
only) within next 12-15 days from
the date of present agreement.
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c. The second tranche of payment of
Rs. 7,00,000 (Rupees Seven Lakhs
only) by the end of September, 2024.
d. The third tranche of payment of
Rs. 3,00,000 (Rupees Three Lakhs
only) by the end of November, 2024
or earlier.
e. The fourth tranche of payment of
Rs. 3,00,000 (Rupees Three Lakhs
only) by the end of March, 2025.
f. The Respondent/Husband further
undertakes that if he is able to
arrange the funds before the above
respective timelines then the
Respondent/Husband shall transfer
the respective tranche before with
written communication to the
Petitioner/wife intimating her about
the transfer.
7. The Petitioner/Wife undertakes to do the
following:
a. The Petitioner/Wife shall return
the car in possession in working
condition to the Respondent/Husband
who shall have the car picked from
the residence of the
Petitioner/Wife, after the first
tranche of payment of Rs. 7,00,000/-
has been made. It is further agreed
that the Petitioner/Wife shall
handover two gas cylinder issued by
army to the Respondent/Husband at
the time of handover of the car.
b. The Petitioner/Wife shall execute
a Power of Attorney in favour of
Respondent/Husband to withdraw her
name as a joint applicant in the
loan applied to by the
Respondent/Husband from the bank, or
she may alternatively withdraw her4
name within a period of four weeks
from the date of this agreement and
further shall co-operate with the
Respondent/husband in case of any
documentation is required with
respect to the bank loan.
c. The Petitioner/Wife shall
officially make a representation to
AWWA (Army Women Welfare
Association) apprising it of the
amicable resolution of the pending
disputes and that no claim subsists
against the Respondent/Husband.
d. The Petitioner/Wife shall return
the dependant card, canteen card,
his trophies to the
Respondent/Husband within a period
of four weeks from the date of
payment of first tranche of payment,
and shall intimate the Respondent of
such return.
8. It is also understood by and between the
parties that they would both make themselves
present before the any/every Court or police
officer as the case may be, to record their
respective statements as may be necessary for
such withdrawal or quashing, and would extend
their fullest cooperation in that regard.
9. It is also understood by and between the
parties that this amount of Rs. 20,00,000/
(Rupees Twenty Lakhs only) is full and final
settlement towards payment of the maintenance
and alimony to the Petitioner/Wife. The
Petitioner shall not be at liberty to claim
any additional money towards maintenance and
alimony. Similarly, it is binding on the
Respondent/Husband that he shall not be at
liberty to claim any money towards
maintenance, alimony or any other head under
any other nomenclature from Petitioner/wife
in future. It is further agreed between the
parties that neither of the parties shall use
each other name for their personal and
professional benefits.
5
10. Both the parties undertake that,
henceforth, they would not interfere in the
life of each other by any means and would not
file any civil/criminal complaint or any case
against each other or their family members
with regard to the present matrimonial
alliance regarding issues settled by this
settlement agreement. Both parties also
undertake to withdraw any pending cases, if
any, which have been filed against each other
and/or their respective families.
11. The parties herein state that they do not
press on the allegations made against each
other either orally or expressly. Both
parties further state that they will not
use/misuse any private information (including
but not limited to photographs/messages/e-
mails/social media posts or any other
screenshots etc). Both parties confirm that
they will not disclose any information with
respect to their marriage publicly. In case,
there is a breach of this term/condition, the
aggrieved party will be free to file
appropriate civil as well as criminal case(s)
against the other party. The parties herein
undertake before the Hon’ble Supreme Court of
India, that they shall abide by the terms and
conditions set out in this agreement which
has been arrived without any coercion, duress
or collusion and undertake not to raise any
dispute whatsoever henceforth. In any case if
any party fails to abide by the terms and
conditions mentioned herein above, the other
party may initiate Contempt proceedings
before the Hon’ble Supreme Court of India. In
the event, there is a breach of terms and
conditions mentioned hereinabove, the cases
shall stand revived. In case there is a
breach of term or condition by the
Petitioner/Wife, any money(s) paid shall be
remitted to the Respondent Husband.
12. Both parties state and agree that they
will co-operate with each other in the court
proceedings to close/quash/withdraw the
following cases filed by them against each
6
other:
a. Divorce Petition No.1357 of 2023
filed by the Respondent which is
pending before Ld. Additional
Principal Judge, Family Court,
Kanpur Nagar, Uttar Pradesh filed
under Section 27 of the Special
Marriage Act, 1954.
b. Maintenance Case No. 05 of 2023
filed by the Petitioner which is
pending before Ld. Principal Judge,
Family court, Dimapur, Nagaland
filed under Section 125 of Code of
Criminal Procedure, 1973 read with
Section 37 of the Special Marriage
Act, 1954.
13. In case of violation of any terms of
this settlement agreement by any party, then
parties will return benefits and case will
be treated as status quo ante.
14. That both the parties hereto confirm and
declare that they have, voluntarily and of
their own free will decided and arrived at
this Settlement in the presence of this
Hon’ble Court, the counsel for the
Petitioner and the Counsel for the
Respondent.
15. Both parties agree that within 2 weeks
from the date of payment of final tranche by
the Respondent/Husband to the
Petitioner/Wife, both parties will make a
joint application before the Hon’ble Supreme
Court seeking for a decree of dissolution of
marriage between both parties by exercising
its power under Article 142 of the
constitution of India. Parties will also
seek appropriate application of withdrawal
of the pending case pending before the
respective family courts as outlined at
Clause 2 of this settlement agreement.
16. Both the parties agree that after the
filing of an application for dissolution of
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marriage and before the date of passing of
the order of dissolution of marriage, the
petitioner’s wife will receive the amount of
alimony (20,00,000 twenty lakhs). Respondent
Husband will present proof of payment of all
instalments to petitioner’s wife and order
of withdrawal of pending case, before the
Hon’ble Supreme Court or at the time of
recording statement of parties and granting
the final decree of divorce as the case may
be.
17. Both the parties hereby declare that
there are no other cases filed or pending
against each other or their family members
apart from the cases mentioned hereinabove
in any Court in India.”
(iv) A decree shall be drawn in terms of this Order within a
period of four weeks from today incorporating the terms and
conditions of the Settlement Agreement quoted above.
6. We compliment the parties for taking a reasonable stand for
putting an end to the matrimonial dispute. The role played by the
learned counsel for the respective parties is also appreciated.
7. The Transfer Petition is disposed of accordingly.
……………………..J.
(ABHAY S. OKA)
……………………..J.
(UJJAL BHUYAN)
NEW DELHI;
APRIL 09, 2025.
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ITEM NO.2 COURT NO.4 SECTION XI
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.3373/2023
MHARONI NGULLIE PETITIONER(S)
VERSUS
HIMANSHU NIGAM RESPONDENT(S)
[MEDIATION REPORT RECEIVED]
(IA No. 263843/2023 – EX-PARTE STAY, IA No. 263845/2023 – EXEMPTION
FROM FILING O.T. AND IA NO.119283/2024 – FOR DIRECTIONS TO TAKE
MEMORANDUM OF SETTLEMENT ON RECORD)
Date : 09-04-2025 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. Nipun Saxena, Adv.
Ms. Astha Sharma, AOR
Ms. Pratibha Yadav, Adv.
Ms. Aadya Pandey, Adv.
Mr. Dharmesh Basedia, Adv.
For Respondent(s): Mr. Akshay Srivastava, Adv.
Mr. Dhruv Joshi, Adv.
Mr. Rajesh Kumar, Adv.
Mr. Gaurav Goel, AOR
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 applications stand disposed of accordingly.
(ASHISH KONDLE) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
[THE SIGNED ORDER IS PLACED ON THE FILE]
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