Supreme Court – Daily Orders
Silpa Joy vs Arjun Krishnan on 6 March, 2025
Author: Surya Kant
Bench: Surya Kant
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No. 2822 of 2023
SILPA JOY PETITIONER
VERSUS
ARJUN KRISHNAN & ANR. RESPONDENTS
O R D E R
1. The petitioner-wife seeks transfer of O.P. No. 2745/2022,
titled as “Dr. Arjun Krishnan vs. Dr. Silpa Joy and Anr.”, filed by
the respondent-husband under Section 27(1)(d) of the Special
Marriage Act, 1954, which is pending before the Family Court,
Ernakulam, Kerala. She seeks transfer thereof to the Court of
Principal Judge, Family Court, Bengaluru, Karnataka.
2. The petitioner and respondent No.1 both are doctors by
profession. While the petitioner is stated to be the Chief
Executive Officer of a reputed Skin Care Clinic in Bengaluru,
Karnataka, respondent No.1 is an Orthopedic Surgeon and Assistant
Professor in Amrita Institute of Medical Sciences at Kochi.
3. The marriage between the parties was solemnized on
15.04.2012. There are two children born from the wedlock, namely, a
son and a daughter who are now more than ten years’ and 5 years
old, respectively.
Signature Not Verified
Digitally signed by
SATISH KUMAR YADAV
Date: 2025.03.08
16:39:02 IST
4.
Reason:
Since the petitioner and respondent No.1 belong to
different religions, the marriage was solemnized under the Special
Marriage Act, 1954. It is stated that some differences arose
2between the parties in the year 2021 and since then, they are
living separately. Various civil and criminal cases appears to have
been filed by them against each other.
5. On the suggestion of this Court on 20.03.2024, the
parties entered into mediation and vide a Settlement Agreement
dated 28.08.2024, they have resolved their matrimonial disputes. In
terms of the Settlement Agreement, the parties have decided to
dissolve their marriage by way of a decree of divorce by mutual
consent. With regard to the properties owned by them also, they
have agreed as to how to dispose of the same and/or protect the
interest of each other in such properties.
6. As regard to the children, the parties have decided that
while their son will stay with the father, namely, respondent No.1,
the daughter will stay with the petitioner-mother.
7. Based on this Settlement Agreement, the parties have
moved a joint application (I.A. No. 277422 of 2024) seeking
invocation of powers of this Court under Article 142 of the
Constitution to grant a decree of divorce and to give effect to the
above-mentioned Settlement Agreement besides quashing the
proceedings pending between them.
8. Ordinarily, we would have accepted the prayer and passed
an appropriate order. However, it seems to us that the settlement
re: separation of children requires in-depth consideration for
which the Family Court can be the appropriate forum.
9. Consequently, we deem it appropriate to transfer O.P. No.
2745/2022, titled as “Dr. Arjun Krishnan vs. Dr. Silpa Joy and
Anr.”, filed by the respondent-husband under Section 27(1)(d) of
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the Special Marriage Act, 1954, which is pending before the Family
Court, Ernakulam, Kerala to the Court of Principal Judge, Family
Court, Bengaluru, Karnataka. The records be forwarded to the
transferee court forthwith.
10. The Family Court, Bengaluru, Karnataka shall interact
with the parties and their children and find out a solution which
will be in the best interest of the children.
11. It goes without saying that the Family Court, Bengaluru,
Karnataka will be at liberty to seek assistance of the Child
Psychologist, who are available in the eminent institutes located
in Bengaluru, Karnataka.
12. In view of the settlement, which has already been given
effect in part, the Family Court, Bengaluru, Karnataka shall take
up the matter on priority basis and make an endeavour to resolve
all the issues within three months from the date of
receipt/production of a copy of this order.
13. Once the Settlement Agreement is given effect to by the
Family Court, Bengaluru, Karnataka, the parties shall be at liberty
to approach the High Court of Karnataka at Bengaluru or the High
Court of Kerala at Ernakulam, as the case maybe, for quashing and
consequential disposal of the criminal cases pending between them.
The concerned High Court is requested to take up the matter
expeditiously in light of the numerous decisions of this Court
where on the basis of Settlement Agreement between the parties
criminal proceedings have been annulled.
14. Till the matters are resolved by the Family Court,
Bengaluru, Karnataka and the High Court, further proceedings in all
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the cases, including the trial in criminal cases, shall be kept in
abeyance.
15. The Transfer Petition stands disposed of in the above
terms.
16. As a result, the pending interlocutory applications also
stand disposed of.
……………………….J.
(SURYA KANT)
…………..…………………J.
(NONGMEIKAPAM KOTISWAR SINGH)
NEW DELHI;
MARCH 06, 2025.
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ITEM NO.1 COURT NO.3 SECTION XI-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).2822/2023
SILPA JOY Petitioner(s)
VERSUS
ARJUN KRISHNAN & ANR. Respondent(s)
IA No. 277422/2024 – APPROPRIATE ORDERS/DIRECTIONS
IA No. 216198/2023 – EX-PARTE STAY
Date : 06-03-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGHFor Petitioner(s) Mr. Gl Vishwanath, Sr. Adv.
Mr. T. Mahipal, AOR
Mr. Naveen Chawla, Adv.
Ms. Dhriti Vishwanath, Adv.
For Respondent(s) Mr. Vipin Nair, AOR
Mr. Mohd Aman Alam, Adv.
Mr. Aditya Narendranath, Adv.
Mrs. M.b.ramya, Adv.
Mrs. Madhavi Yadav, Adv.
Ms. Deeksha Gupta, Adv.
UPON hearing the counsel the Court made the following
O R D E RThe Transfer Petition stands disposed of in terms of the
signed order.
As a result, the pending interlocutory applications also
stand disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
ADDITIONAL REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)
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