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Supreme Court – Daily Orders
Parul Gupta vs Abhilash Surendra Kumar Keshri on 9 May, 2025
Author: Abhay S. Oka
Bench: Abhay S. Oka
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRIMINAL) NO(S).329 OF 2023
PARUL GUPTA PETITIONER(S)
VERSUS
ABHILASH SURENDRA KUMAR KESHRI & ORS. RESPONDENT(S)
WITH
TRANSFER PETITION (CRIMINAL) NO.336 OF 2023
AND
TRANSFER PETITION (CRIMINAL) NO.440 OF 2025
[@ Diary No(s). 21214/2023]
O R D E R
1. Application seeking permission to file the Transfer
Petition in Diary No.21214/2023 is allowed.
2. A Settlement Agreement dated 10th March, 2025 is placed
on record. The Settlement Agreement is admittedly signed by
the petitioner-wife (Parul Gupta) and the first respondent-
husband (Abhilash Surendra Kumar Keshri) in presence of the
witnesses. In terms of clause 8 of the Settlement Agreement,
necessary documents have been executed and compliance has been
made with the stipulations in clause 8 of the Settlement
Agreement.
3. A joint application has been filed by the parties for
seeking exercise of jurisdiction of this Court under Article
142 of the Constitution of India for passing a decree of
Signature Not Verified
Digitally signed by
ASHISH KONDLE
Date: 2025.05.17
divorce.
15:03:13 IST
Reason:
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4. The marriage between the petitioner-wife (Parul Gupta)
and the first respondent-husband (Abhilash Surendra Kumar
Keshri) was solemnized on 18th February, 2014 and they have
been residing separately since 10th April, 2018.
5. Considering the nature of the litigation pending between
the parties, it is obvious that the marriage has been
irretrievably broken down. Therefore, we are of the view that
this is a fit case to exercise our power under Article 142 of
the Constitution of India to dissolve the marriage.
6. Accordingly, we pass the following order:
(i) The marriage between the petitioner-wife (Parul
Gupta) and the first respondent-husband (Abhilash
Surendra Kumar Keshri) solemnized on 18th February, 2014,
is hereby dissolved by a decree of divorce by mutual
consent under Section 13B of the Hindu Marriage Act,
1955;
(ii) CC No.125110/2021 (filed on the basis of FIR
C.R.No.I-11191030210029 of 2021) titled as ‘Government of
Gujarat vs. Abhilash Surendra Kumar Keshari & Ors.’
pending before the Court of the learned Additional Chief
Metropolitan Magistrate, Ahmedabad, Gujarat, is hereby
quashed;
(iii) CR M.A.J. No.1257/2019 titled as ‘Parul Gupta vs.
Abhilash Surendra Kumar Keshri & Ors.’ pending before the
Court of the learned Judicial Magistrate First Class,
Ahmedabad, Gujarat, is disposed of;
(iv) CR M.A.J. No.675/2021 titled as ‘Parul Gupta vs.
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Abhilash Surendra Kumar Keshri’ pending before the FamilyCourt, Ahmedabad, Gujarat, is disposed of;
(v) Clauses 6 to 14 of the Settlement Agreement dated
10th March, 2025, read thus:
“NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
6. Custody and Guardianship of Minor Daughter
6.1 The Parties have a minor daughter, Yashvi
Keshri, born on 12.07.2017.
6.2 The sole custody and guardianship of the
child shall remain exclusively with the
Second Party (Wife).
6.3 The First Party shall have no visitation
rights and shall not interfere in the
upbringing of the child in any manner.
6.4 The First Party shall have no financial
liability towards the child or the Second
Party after the execution of this Agreement.
7. Maintenance and Alimony
7.1 The Second Party waives off any claim for
maintenance & Alimony (past, present, and
future), whether under Section 125 CrPC,
Hindu Adoption and Maintenance Act, 1956, or
any other law.
7.2 The First Party shall have no financial
obligation towards the Second
Party, including with respect to the child,
post-divorce.
7.3 The Second Party would withdraw the pending
maintenance case in terms of the present
Settlement Agreement.
8. Transfer of Immovable Property
8.1 The Parties jointly own an immovable
property, described as follows:
• Property Address: A-25,
Darshanam Revanta, Gotri, Vadodara,
Gujarat [hereinafter referred to as ‘said
property’]
• Survey No./Plot No./Flat No.:T.P. Scheme
no.60 and Final Plot no.91, City survey
no.2414,2415 and Revenue Survey no.956 & 958
in Gotri, Vadodara.]
• Area/Extent: Plot area 69.863 sq mtrs &
undivided land of common road & common plot
area 32.870 sq mtrs, total plot area 102.733
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sq mtrs
• Property Type: Residential
8.2 In terms of the present Settlement Agreement,
the First Party unconditionally relinquishes
his share in the said property in favor of
the Second Party for the sake of daughter
Yashvi Keshri by executing a Relinquishment
Deed, which shall be duly registered under
the Registration Act, 1908. Both parties
agree that the relinquishment of the share of
the First Party in the said property under
the Relinquishment Deed would be irrevocable.
8.3 The execution and registration of the
aforesaid Relinquishment Deed would be
completed by the First Party within a period
of Four (4) weeks from the execution of this
Settlement Agreement. The Second Party would
make herself available at a mutually
convenient date and time for the registration
of the Relinquishment Deed at the sub
registrar office. The expenses towards the
stamp duty and registration of the
Relinquishment Deed as per local laws would
be solely borne by the First Party.
8.4 The First Party shall handover peaceful
vacant possession of the said property to the
Second Party on the date of execution and
registration of the Relinquishment Deed. The
First Party shall make sure that there is no
damage or destruction whatsoever to the said
property, except for the normal
deterioration, wear & tear arising due to
usage or ageing and it is handed over with
customized fixed furniture intact at its
place. The First party can take away his
personal belongings like Sofa, Dinning Table,
Centre Table, Chimney, TV, Fridge, Washing
Machine, AC’s, One Iron Bed, Water RO,
Geyser, Gas Stove & Utensils.
8.5 At the time of handover over of the said
property, the First Party shall clear all
dues relating to the said property, including
the municipal, electricity, water, gas,
society maintenance charges etc, excluding
the pending Loan EMIs. If in future, any
liability for such dues arises for the period
prior to date of handing over of the said
property, the First Party would be liable for
payment for such dues including interest
accrued if any.
8.6 Likewise, any dues related to the said
property, arising after handing over of the
said property, shall be borne by the Second
Party only and the First Party shall be free
from any such liabilities and claims.
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8.7 The Second Party shall bear all the remaining
loan amount to be paid from the date of
handing over of the said property, to the
loan issuing bank/or to the bank/institution
to which the loan, in case, is transferred in
future. The name of the First Party shall be
removed from the loan account of the
aforementioned immovable property at para 8.1
above. All legal and financial liabilities,
arising due to non-payment of loan dues
towards the said immovable property shall be
on part of Second Party.
9. Withdrawal of Pending Cases
9.1 In terms of the present settlement agreement,
the Second Party shall withdraw all pending
cases against the First Party and or his
family members under the Joint Application
for Mutual Consent Divorce filed under
Article 142 Constitution of India
(hereinafter referred as “Joint Application”)
preferred by both the parties before the
Hon’ble Supreme Court.
9.2 The said Joint Application shall be filed
within 4 (four) weeks of signing of the
Settlement Agreement. The said Joint
Application would be kept pending before the
Hon’ble Supreme Court till the time:
(i) The First Party duly executes a
registered Relinquishment Deed in favour of
the Second Party, and
(ii) The First Party hands over peaceful
vacant possession of the said property as per
terms agreed in the present Settlement
Agreement.
9.3 In the Joint Application before the Hon’ble
Supreme Court, the following cases would be
withdrawn by the Second Party:
• Case under Section 498A IPC being Criminal
Case bearing
CC No.125110/2021 (filed on basis of FIR
C.R.No.I-11191030210029 of 2021) titled as
“Government of Gujarat Vs. Abhilash Surendra
Kumar Keshari & Ors.” Pending before Court of
Additional Chief Metropolitan Magistrate,
Ahmedabad, Gujarat.
• Case under Domestic Violence Act, 2005
being Criminal Misc Application bearing CR
M.A. J No.1257/2019 titled “Parul Gupta vs.
Abhilash Surendra Kumar Keshri & Ors.”
Pending before Court of Judicial Magistrate
First Class Ahmedabad,
Gujarat.
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• Case filed under Section 125 CrPC being
Criminal Misc
Application bearing Cr. M.A.J No. 675/2021
titled “Parul Gupta vs. Abhilash Surendra
Kumar Keshri” pending before Family Court
Ahmedabad, Gujarat.
9.4 The expenses towards the withdrawal of the
pending cases would be borne by the party who
had instituted them.
9.5 Both parties shall also withdraw any other
cases/complaints/litigations which they have
filed against each other and their family
members and which is beyond the knowledge of
the other party or their family members.
10. Non-Interference Clause
10.1 The First Party shall not interfere in the
lives of the Second Party and their daughter
after the mutual consent divorce.
10.2 The First Party shall not initiate any direct
or indirect communication with the Second
Party or their daughter in any form.
10.3 The Parties shall not defame, harass, or
cause any inconvenience to each other,
whether personally, socially, or
professionally.
10.4 Either of the party and their legal heirs,
successors, representatives, and assigns
shall not interfere in the lives of the other
party or their family members through any
kind of communication or harass, defame or
cause any inconvenience to each other and
their family members personally, socially, or
professionally.
11. Final Settlement and No Further Claims
11.1 The Parties agree that this Agreement is a
full and final settlement of all claims
arising from their marriage.
11.2 The Parties shall have no further claims,
rights, liabilities, or obligations against
each other after the mutual consent divorce
is granted.
11.3 The Parties confirm that they have entered
into this Agreement voluntarily, with their
free will, without coercion, fraud, or undue
influence or mis-representation by each
other.
11.4 Having everything agreed above, nothing
remains to be given or taken by either of the
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parties.
12. Divorce Proceedings
12.1 Both the Parties shall file a joint
application for mutual consent divorce under
Section 13B of the Hindu Marriage Act, 1955
read with Article 142 of the Constitution of
India before the Hon’ble Supreme Court for
mutual consent divorce within 4 (four) weeks
of signing of this agrement. The joint
application would be subject to the First
Party unconditionally relinquishing his share
in the said property by executing a
registered Relinquishment Deed in favour of
Second Party and by handing over peaceful
vacant possession of the said property as per
this agreement.
12.2 [deleted as directed by Hon’ble Supreme Court
vide Order dt
03.03.2025 in TP (Crl) 329/2023]
12.3 Both parties agree that the transfer
petitions filed in the Supreme Court by the
Second Party will be kept pending till the
time this Agreement is not complied with by
fulfilling obligations by either parties. If
in case, the Settlement Agreement cannot be
complied with, the Second Party (Petitioner
Wife) will be at liberty to press for her
aforesaid cases filed at Ahmedabad to be
transferred to Lucknow.
13. Legal Binding Effect
13.1 This Agreement shall be legally binding on
both Parties.
13.2 This Agreement shall be enforceable in a
court of law and shall be part of the mutual
consent divorce petition.
14. Execution and Registration
14.1 This Agreement is executed on a stamp paper
of requisite value as per the Indian Stamp
Act, 1899. The First Party shall bear the
cost and expenses towards the execution of
this Agreement.
14.2 Each Party shall retain a signed original
copy of this Agreement.”
(vi) A decree shall be drawn in terms of this order by
incorporating the aforesaid clauses of the Settlement
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Agreement within a period of one month from today.
7. We compliment the parties as well as their respective
learned Advocates for taking a reasonable stand for putting an
end to the matrimonial dispute.
8. The Transfer Petitions are disposed of accordingly.
……………………..J.
(ABHAY S. OKA)
……………………..J.
(UJJAL BHUYAN)
NEW DELHI;
MAY 09, 2025.
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ITEM NO.1 COURT NO.4 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION (CRIMINAL) NO(S).329 OF 2023
PARUL GUPTA PETITIONER(S)
VERSUS
ABHILASH SURENDRA KUMAR KESHRI & ORS. RESPONDENT(S)
(IA No. 92954/2023 – EX-PARTE STAY AND IA No.119874/2025 – GRANT
OF DECREE OF DIVORCE BY MUTUAL CONSENT)
WITH
T.P.(Crl.) No. 336/2023 (II-B)
(IA No. 94324/2023 – EX-PARTE STAY)
Diary No(s). 21214/2023 (II-B)
(IA No. 120133/2023 – EX-PARTE STAY, IA No. 120134/2023 –
EXEMPTION FROM FILING O.T. AND IA No. 120132/2023 – PERMISSION
TO FILE PETITION)
Date : 09-05-2025 These matters were called on for hearing
today.
CORAM :
HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYANFor Petitioner(s): Mr. Apoorva Bhumesh, AOR
Ms. Madhavi Khare, Adv.
For Respondent(s): Mr. Dhawal Uniyal, AOR
Mr. Azad Khokher, Adv.
Mr. Archana Surve, Adv.
Mr. Azad Khocher, Adv.
Mr. Kislay Panday, Adv.
Ms. Swati Ghildiyal, AOR
UPON hearing the counsel the Court made the following
O R D E RThe Transfer Petitions are 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)
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[THE SIGNED ORDER IS PLACED ON THE FILE]
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