Shweta Sagar Gohil vs Sagar Gohil on 2 July, 2025

Supreme Court – Daily Orders

Shweta Sagar Gohil vs Sagar Gohil on 2 July, 2025

                                             IN THE SUPREME COURT OF INDIA

                                         CRIMINAL ORIGINAL JURISDICTION


                                TRANSFER PETITION (CRIMINAL) NO. 260 OF 2024


                      SHWETA SAGAR GOHIL                                             Petitioner(s)

                                                            VERSUS

                      SAGAR GOHIL                                                    Respondent(s)




                                                           O R D E R

1) The present transfer petition is filed by the

petitioner(wife) seeking transfer of Petition No.16 of 2023

titled as Shweta Sagar Gohil v. Sagar Gohil filed before the

Court of Judicial Magistrate First Class, Vasai, Mumbai, to

the Court of competent jurisdiction at Dhanbad, Jharkhand.

2) As prayed by the parties, vide order dated 27.03.2025,

the matter was referred to the Supreme Court Mediation

Centre to facilitate the parties to arrive at an amicable

settlement.

3) A joint application, namely, I.A. No. 110446 of 2025

has been filed by both the learned counsel appearing for the

parties bringing to the notice of this Court Settlement

Agreement dated 21.04.2025 duly signed by the parties and
Signature Not Verified

Digitally signed by
NIDHI AHUJA
Date: 2025.07.08
attested by the learned counsel for both the sides to the
15:36:23 IST
Reason:

effect that the matter has been resolved between the

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TP (CRL.) NO. 260 OF 2024

parties. Both the counsel submitted that the transfer

petition may be disposed of in terms of the same. The prayer

as made in the joint application-I.A. No. 110446 of 2025 is

as follows:

(a) Pass an order taking settlement agreement dated
21.04.2025 (Annexure -A/1) on record and pass
appropriate orders in terms of the said agreement;

(b) Exercise the inherent powers under the Article
142 of the Constitution of India to dissolve the
marriage between the parties by granting a decree
of divorce by mutual consent dispensing with the
period and the procedure prescribed under Section
13-B of the Hindu Marriage Act, 1955;

(c) quash and dispose of the cases/proceedings
mentioned in Para No.10 filed by the parties
against each other”

4) We have perused the joint application. We are of the

view that we can invoke our power under Article 142 of the

Constitution of India, 1950, as it will be unnecessary to

drive the parties once again to the Family Court to complete

the formalities.

5) Accordingly, by invoking our power under Article 142

of the Constitution of India, there shall be a mutual

divorce between the parties, as agreed upon.

6) All the proceedings pending between the parties,

namely, (i) Maintenance Petition bearing No.16 of 2023 under

Section 125 of the Code of Criminal Procedure, 1973, pending

before the Court of J.M.F.C., Vasai, Mumbai, (ii) M.P. No.

477 of 2021 under Section 13(1)(ia) and (ib) of the Hindu

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TP (CRL.) NO. 260 OF 2024

Marriage Act, 1955, pending before Family Court, Dhanbad,

(iii) Complaint bearing No. 6501 of 2022 under Section 12

read with Section 27 of the Protection of Women from

Domestic Violence Act, 2005 pending before Judicial

Magistrate Dhanbad and (iv) FIR No.49 of 2021 dated

14.08.2021 under Section 498-A and 406 of the Indian Penal

Code, 1860, and Sections 3 and 4 of the Dowry Prohibition

Act, 1961, stand closed.

7) A decree of divorce be drawn up, accordingly.

8) The Transfer Petition stands disposed of, in terms of

the aforesaid settlement agreement dated 21.04.2025 which

shall form part of the order passed today.

9) Copy of the order be sent to the respective Courts for

placing the same on files of the respective cases and

consign them to record.

10) All pending applications stand disposed of.

…….………………………………………………., J.

[ M.M. SUNDRESH ]

…….………………………………………………., J.

[ K. VINOD CHANDRAN ]

New Delhi;

July 02, 2025.

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TP (CRL.) NO. 260 OF 2024

ITEM NO.2 COURT NO.11 SECTION II-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 (Criminal) No. 260/2024

SHWETA SAGAR GOHIL Petitioner(s)

VERSUS

SAGAR GOHIL Respondent(s)

(MEDIATION REPORT RECEIVED.)
(IA No. 110446/2025 – APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W
SEC 13B OF H.M.A. and IA No. 69211/2024 – EX-PARTE STAY)

Date : 02-07-2025 This matter was called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE K. VINOD CHANDRAN
(PARTIAL COURT WORKING DAYS BENCH)

For Petitioner(s) :

Mr. Shreshth Nanda, Adv.

Mr. Riju Mani Talukdar, AOR (Not present)

For Respondent(s) :

Mr. Aditya Bharat Manubarwala, Adv.
Ms. Tanishka Grover, Adv.

Mr. Karsh Sarosh Rebelo, Adv.
Mr. Bharat Thakorlal Manubarwala, AOR

UPON hearing the counsel the Court made the following
O R D E R

The transfer petition stands disposed of in terms of
the signed order. All pending applications stand disposed
of.

            (NIDHI AHUJA)                   (POONAM VAID)
              AR-cum-PS                  ASSISTANT REGISTRAR

[Signed order is placed on the file.]

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