Supreme Court – Daily Orders
P. Kavitha vs P.Sriram on 23 July, 2025
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 935 OF 2024
P. KAVITHA PETITIONER(S)
VERSUS
P.SRIRAM RESPONDENT(S)
O R D E R
The present transfer petition has been filed by the
petitioner-wife seeking transfer of Divorce Petition in
O.P.No. 1750 of 2016, filed under Section 13(1) (1a) of the
Hindu Marriage Act, 1955, pending before the Court of XV
Additional District and Sessions Judge-cum-XV Additional
Metropolitan Sessions Judge-cum-II Additional Family Judge,
Ranga Reddy District, Kukatapally, Hyderabad, Telangana to the
First Additional Family Court, Chennai.
2. During the pendency of the proceedings, the parties were
referred to the Supreme Court Mediation Centre for exploring
the possibility of an amicable settlement.
3. We have heard learned counsel appearing for the parties
and also interacted with the parties, who were identified by
their respective counsel, virtually.
4. Today, both the parties have submitted that the dispute
Signature Not Verified
inter se between them has been amicably settled by mutual
Digitally signed by
VARSHA MENDIRATTA
Date: 2025.07.25
16:59:55 IST
Reason:
consent, in terms of the Settlement Agreement dated
16.07.2025.
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5. The terms and conditions of the Settlement Agreement
dated 16.07.2025, are reproduced below for ready reference:-
“ SETTLEMENT AGREEMENT
This Settlement Agreement is entered into between Petitioner- P.
Kavitha Dlo Shri PVRS Mani Kumar W/o P Sriram R/o. No. 32, Olde
No.6 Jamalia Nagar Perambur High Road, Chennai- 600012 (here in
after referred to as Petitioner-Wife) and Mr. P. Sriram S/o Late Mr. PV C
Krishna Rao, Plot No. 1-2-22, Flat No. 701, Bhavyas Akhila Exotica
(Next to Bhramaramba -Mallikarjuna theatres) Hydernagar, Kukatpally
Medchal Malkangiri (Dt) Hyderabad -500085 (here in after referred to as
Respondent-Husband).
1. It was stated during mediation that the marriage of the Parties was
solemnized on 15.02.2008 at Shree Geetha Bhavan Trust (Regd)
Kalyana Mandapam, Gopalapuram, Chennai, Tamil Nadu -600086 as
per Hindu rites & rituals. It is stated that parties are blessed with one
male child born on 11.12.2008 from the wedlock. The marriage is said
to be dead for all practical purposes. The Couple stayed with each other
barely for 10 months that too in bits and pieces. Due to the parties being
incompatible to each other, they started to live separately w.e.f
05.07.2014.
2. The Hon’ble Supreme Court vide Order dated 27.02.2025 was
pleased to refer the instant Transfer Petition for mediation and directed
the parties to appear before the Supreme Court Mediation Centre on
05.03.2025.
3. Mediation was accordingly scheduled through Video Conference on
05.03.2025, 29.03.2025, 12.04.2025, 25.04.2025, 13.05.2025,
15.05.2025, 23.05.2025 & 04.06.2025, 28.06.2025 & 04.07.2025 where
a Comprehensive Joint and separate Mediation Sessions were
conducted with the parties and their respective Counsels. All the
sessions were conducted through Video Conference.
4. It further transpired during mediation that the disputes between the
Parties have escalated to the filing of the following cases:
(i) The Respondent has filed Divorce Petition bearing O.P.No.
1750/2016 in LB Nagar Family Court on 23.08.2016 and the same is
presently pending adjudication before the Ld. Ill Addl District & Session
Judge- Cum-11 Addl MSJ-Cum – Principal Family Court Kukatpally,
Telangana. Medchal — Malkajgiri Distt at Kukatpally, Telangana.
(ii) The Petitioner has filed O.P.N0.673/2024 seeking restitution of
conjugal rights U/s 9 of the Marriage Act, 1955 in 2024 which is pending
before Ld. 1st Additional Family Court at Chennai.
5. The Parties herein in the presence of Ld. Mediator and their
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respective counsels have voluntarily and out of their free will and
volition. arrived at an amicable settlement through the process of
mediation and agreed to dissolve their marriage by mutual consent
under section 138 of H.M Act on the terms & conditions set out here
under:
I. The Parties agree to seek the dissolution of their marriage by a
decree of divorce by mutual consent in terms of Section 138 of the
Hindu Marriage Act, 1955 by invoking Article 142 of the Constitution of
India.
II. Since the Respondent due to his weak financial condition is not
in a position to pay any permanent alimony & maintenance past,
present and future, the Petitioner agrees for dissolution of the marriage
without claiming any permanent alimony & maintenance past, present
and future for herself and her minor son. The parties accepts that they
have not supported each other either financially or emotionally during
the subsistence of matrimony. The Respondent further accepts that
·theson has been in the custody and care of the petitioner and she has
been taking care of him financially, and she has alone been attending to
her son’s school events or parents’ teachers meeting and because of
the separation the respondent could never attend any his son’s school
event.
III. The Respondent further tenders his sincere apology to the
petitioner for giving her emotional trauma by filing a divorce petition in
Hyderabad without waiting further for an amicable settlement. The act of
Respondent tendering apology is with an intention to have the divorce
order on mutual consent in the Honorable Supreme court without having
further disputes and to settle all the matrimonial disputes and this
apology shall not be used against the Respondent in any of the court
proceedings in future.
IV. Both the parties hereby unconditionally agree to withdraw all the
allegations made against each other in the various petition filed by them
after the grant of final divorce order and shall not in any manner
circulate or publish the same in any media.
V. Both the Parties agree and undertake to respect and maintain
each other’s dignity for all times to come.
VI. The Parties will not make any statement in the press or on any
social media or to their respective or prospective employers or
colleagues or call any friends, relatives or acquaintances with respect to
any aspect relating to their family members, marriage or divorce or the
life or career of the other. Any defamatory statement made in the press
or over social media or through any other medium or to respective or
prospective employers or colleagues or to friends, relatives or
acquaintances by either of the Parties will be considered to be a breach
of the present Settlement Agreement, leaving the aggrieved Party to
take recourse to his/her legal remedies.
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VII. The Parties agree and undertake that after the final divorce
decree, they or any of their family members will not file any civil,
criminal, matrimonial or other proceedings against each other or their
family members in any Court of law or any authority with regard to the
marriage and matters incidental thereto.
VIII. The Parties have agreed to request the Hon’ble Supreme
Court to exercise the powers under Article 142 of the Constitution of
India to:
a. dissolve the marriage between the Parties by passing a decree
of divorce by mutual consent,
b. dispose of the Petition filed by the Respondent being
O.P .No.1750/2016 U/s 13(1) (lA) of the Hindu Marriage Act, 1955,
pending adjudication before the Ld. Ill Addl District & Session Judge-
Cum-11 Addl MSJ-Cum – Principal Family Court Medchal ~ Malkajgiri
Distt at Kukatpally, Telangana, in terms of the present settlement.
c. dispose of the Petition filed by Petitioner seeking restitution of
conjugal rights U/s 9 of the Marriage Act, 1955, bearing
O.P.No.673/2024, pending before 1st Additional Family Court at
Chennai, in terms of the present settlement.
d. dispose of the instant Petition being Transfer Petition (Civil) No.
935/2024 in terms of the present Settlement Agreement.
IX. In case, the Hon’ble Supreme Court refuses to exercise the
inherent power under Article 142 of the Constitution of India, and asks
the parties to move the Family Court for divorce by mutual consent, and
withdrawal of cases from respective courts, then the parties will proceed
in the following manner:-
a. A Divorce Petition by mutual consent under Section 138 (1) of
the Hindu Marriage Act, 1955 shall be filed jointly within 30 days from
the date of refusal of the Hon’ble Supreme Court for exercising their
discretion under Article 142 of the Constitution of India.
b. The parties shall thereafter file the second motion petition u/s 13
8 (2) of H.M Act within 20 days from the date of date of order in the first
motion mutual consent divorce, with an application for waiver of 6
months mandatory period before· Ld. 2-1 Additional Principal Judge, Ld.
Family Court at Chennai where the petition seeking restitution of
conjugal rights U/s 9 of the Marriage Act, 1955, bearing
O.P.No.673/2024 is pending.
c. It is agreed between the parties that after the grant of final divorce by
completing both the motion in the mutual divorce proceedings, both the
parties shall withdraw their respective cases filed by them against each
other within 30 days from the date of the order.
6. The Parties undertake to co-operate with each other to give effect
to this Settlement. The Parties undertake to appear through virtual
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mode before the Hon’ble Supreme Court to give the statement in
support of this Settlement Agreement.
7. By the signing of this Agreement, the Parties solemnly state and
affirm that all the disputes and differences between them have been
amicably resolved through the process of mediation.
8. The Parties undertake to abide by the terms and conditions set out in
this Settlement Agreement, which has been arrived with their freewill
and without any coercion, duress or collusion. In case any party backs
out or commits the breach of any of the terms and conditions of this
Settlement Agreement, then the aggrieved party shall be at liberty to
avail any legal remedy and take appropriate legal action as per law.
9. The Parties further undertake not to raise any dispute whatsoever
henceforth or file any case or proceedings before any Court or Authority
in future in connection with the disputes and differences resolved under
this Settlement Agreement.
10. Both the parties undertake that they shall not use/misuse any kind of
documents, photographs etc., if any, relating to each other made in any
form, electronic or otherwise, relating to their personal life, either directly
or indirectly against each other which is/ are lying in their respective
possession either in the present or in future in any manner whatsoever.
11. Both the parties in unequivocal and unambiguous terms declare
that they have agreed on each term recorded in the present settlement
agreement, after carefully reading over and fully understanding and
appreciating the contents, scope, and effect thereof, as also the
consequences of the breach thereof.
12. By signing this agreement, the parties hereto solemnly state and
affirm that they have no further claims or demands against each other
and all the disputes and differences in terms of alimony, maintenance
past, present and future have been amicably settled by the parties
hereto through the process of this mediation.”
6. The Settlement Agreement has also been signed by the
concerned parties, their respective counsel, and the Mediator.
7. In pursuance of the aforesaid Settlement Agreement, the
parties have filed an application i.e., I.A.No.168979/2025
seeking invocation of our power under Article 142 of the
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Constitution of India, for dissolution of their marriage by
mutual consent stating that there is not even any remote
chance for their re-union because of the irretrievable
breakdown of marital relationship.
8. It is stated that the marriage between the parties was
solemnised on 15.02.2008 and they have been residing
separately since 05.07.2014.
9. After hearing learned counsel for the parties and
interacting with the parties virtually and going through the
materials on record, we are satisfied that there is no
coercion or undue influence and the parties themselves have
decided to apply for dissolution of marriage by mutual
consent.
10. In such circumstances, the marriage solemnised between
the petitioner and the respondent on 15.02.2008 is dissolved
by mutual consent.
11. The parties shall hereinafter be governed by the terms
and conditions of the Settlement Agreement dated 16.07.2025.
12. As a consequence, all complaints/proceedings filed by the
parties against each other, as mentioned in paragraph 5(VIII)
(b) and (c) of the Settlement Agreement, shall stand
quashed/disposed of in terms of the said agreement.
13. Registry is directed to draw a decree of divorce in terms
of this order and the Settlement Agreement.
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14. Office is directed to send a copy of this order to the
concerned Courts, before which the cases/complaints/
proceedings, are pending. The parties shall also approach the
concerned Courts in this regard.
15. The present Transfer Petition as also the Interlocutory
Application bearing No.168979 of 2025, shall stand disposed of
accordingly.
16. Pending application(s), if any, shall also stand disposed
of.
………………….J.
(AHSANUDDIN AMANULLAH)
………………….J.
(S.V.N. BHATTI)
NEW DELHI
23rd JULY, 2025
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ITEM NO.5 COURT NO.15 SECTION XII-A
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). 935/2024
P. KAVITHA PETITIONER(S)
VERSUS
P.SRIRAM RESPONDENT(S)
IA No. 80795/2024 – STAY APPLICATION
Date : 23-07-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH
HON’BLE MR. JUSTICE S.V.N. BHATTI
For Petitioner(s) Mr. P R Kovilan Poongkuntran, Adv.
Mrs. Geetha Kovilan, AOR
Ms. Jubli Momalia, Adv.
For Respondent(s) Mr. Ranjan Kumar, AOR
Mr. Rohini Kumar, Adv.
Mr. Kapil Dev Yadav, Adv.
Mr. Govil Upadhyaya, Adv.
UPON hearing the counsel the Court made the following
O R D E R
(VARSHA MENDIRATTA) (ANJALI PANWAR)
COURT MASTER (SH) COURT MASTER (NSH)
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