Supreme Court – Daily Orders
Sweta Khandelwal vs Nitish Dangayach on 3 January, 2025
Author: Rajesh Bindal
Bench: J.K. Maheshwari, Rajesh Bindal
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2177 OF 2024
SWETA KHANDELWAL … PETITIONER(S)
VERSUS
NITISH DANGAYACH … RESPONDENT(S)
ORDER
Rajesh Bindal, J.
1. The present petition has been filed by petitioner-wife
seeking transfer of MAT Suit bearing No. 497 of 2024 titled as “Sri
Nitish Dangayach vs. Sweta Khandelwal” filed by respondent-
husband for dissolution of marriage under Section 13(1)(ia) & (ib)
of the Hindu Marriage Act, 1955.
2. On 16.10.2024, at the request of both the parties, this
Court referred the parties for mediation before the Supreme Court
Mediation Centre to explore the possibility of an amicable
settlement of matrimonial disputes. The disputes stand settled
and the parties have voluntarily executed a Settlement
Agreement on 11.12.2024.
Signature Not Verified
3.
Digitally signed by
NIDHI AHUJA
Date: 2025.01.24
In furtherance to the Settlement, both the parties have
17:22:12 IST
Reason:
filed a joint application vide I.A. No. 302477 of 2024 under Article
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142 of the Constitution of India seeking divorce by mutualconsent under Section 13B(2) of the Hindu Marriage Act, 1955
and prayed for appropriate directions. Both the parties attended
the Court proceedings through video conferencing and they have
confirmed the terms of Settlement Agreement and also admitted
their signature on the same. Vide aforesaid Agreement dated
11.12.2024, both the parties have settled the disputes on
following terms:
1. The Parties hereto confirm and declare that
they have voluntarily and of their own free will, decided
not to live together as husband and wife as their
wedlock has now virtually become a deadlock and any
chances of reunion have completely faded away and
there is a complete destruction of the essence of
marriage between parties and the same has already
irretrievably broken down.
2. In the background of the circumstances and
keeping in mind the deleterious effect of the
continuance of a sterile marriage on their future lives,
the Parties agree to obtain divorce by mutual consent
as they feel this is the only just and proper way to allow
them to spend their remaining period of life happily
with contentment instead of being compelled to lead a
miserable life without any constructive purpose.
Page 2 of 14
3. In consideration of the above, the Second
Party agrees to pay a lump sum amount of Rs.
11,00,000/- (Rupees Eleven Lakhs only) to the First
Party as a full and final settlement of all her claims
(past, present, and future) including stridhan, residence,
permanent alimony, and maintenance by way of DD
No.057477 dated 10.12.2024, Axis Bank Ashok Vihar,
New Delhi bearing IFS Code No. UTIB0000208
(hereinafter referred to as the “Settlement Amount”) in
the name of ‘SWETA KHANDELWAL’.
4. In addition to the aforesaid amount, the
Parties have exchanged among themselves all the
Gold/silver jewelry items as per the list shared and
agreed by both the parties during online sessions
before the Ld. Mediator. The parties agree that no claim
in the aforesaid respect shall exist hereafter.
5. The Parties have further agreed that they
shall jointly pray before the Hon’ble Supreme Court of
India for disposing of the present Transfer Petition (C)
No.2177 of 2024 and grant a decree of divorce by
mutual consent by exercising its inherent powers under
Article 142 of the Constitution of India in the interest of
both parties who have been living apart for long and
granting a decree of divorce straightaway shall enable
the unwilling parties to put an end to their untold
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misery. Both parties agree to move a joint application
before the Hon’ble Supreme Court of India for the
abovementioned purpose.
6. The Parties also confirm and declare that out
of the said amount of Rs. 11,00,000/- (Rupees Eleven
Lakhs only) shall be paid by the Second Party to the
First Party on the day of hearing of the matter before
the Hon’ble Supreme Court by way of demand draft
vide DD No.057477 dated 10.12.2024, Axis Bank Ashok
Vihar, New Delhi bearing IFS Code No. UTIB0000208 in
favour of the First Party, i.e., ‘SWETA KHANDELWAL’.
7. The Parties further agree that in case the
Hon’ble Supreme Court of India is not inclined to invoke
Article 142 of the Constitution of India for granting the
decree of divorce by mutual consent AND if, however,
the Parties are relegated to adopt such a remedy before
a civil court, they shall move appropriate applications
under Section 13B (1) and (2) of the Hindu Marriage
Act, 1955 jointly before the Family Court at Balasore,
Odisha for seeking such divorce by mutual consent,
where they shall diligently appear on the dates fixed for
hearings of the said Petitions AND they shall take
following steps to give effect to this present Settlement
Agreement:-
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a) That both the parties shall within two
weeks of the order of the Hon’ble Supreme Court
of India disposing of the present Transfer Petition
(C) No.2177 of 2024 initiate proceedings to
withdraw their respective cases i.e. Divorce
Petition No.497 of 2024 filed by the respondent
which is pending before the court of Ld. ADJ
Serampore, Hooghly, West Bengal AND
Maintenance Petition bearing CRP Case No.201 of
2023 filed by the petitioner, which is pending
before the Ld. Family Court, Balasore, Odisha;
b) The Parties thereafter within two weeks
of the aforesaid withdrawal shall file a Petition for
divorce by mutual consent under Section 13 (B) of
the Hindu Marriage Act, 1955 before the Family
Court at Balasore, Odisha wherein the expenses of
filing both the mutual consent divorce petitions by
way of First and Second Motion respectively shall
be borne by the Parties individually and in that
case, the mode of payment will be in 2 [two]
installments as described hereunder:-
Second Party shall pay to First Party the
first installment being an amount of
Rs.3,00,000/- (Rupees Three Lakhs Only) by
way of Demand Draft or through RTGS/NEFT
in the name of First Party at the time ofPage 5 of 14
recording of statements during the First
Motion of the divorce petition filed under
Section 13(B)(1) of H.M. Act, 1955 by way of
mutual consent at the Family Court at
Balasore, Odisha.
Second Party shall pay to First Party the
second and last installment being an amount
of Rs.8,00,000/- (Rupees Eight Lakhs Only) by
way of Demand Draft or through RTGS/NEFT
in the name of the First Party at the time of
recording of statements during the Second
Motion of the divorce petition filed under
Section 13(B)(2) of H.M. Act, 1955 by way of
mutual consent at the Family Court at
Balasore, Odisha.
8. It has also been agreed between the Parties
that this settlement is full and final and the Parties
undertake not to file any case/ complaint/ suit/ petition
against each other and shall be entitled to lead their life
independently and both the parties shall not interfere in
the life of each other and family members of each
other. It is agreed that after receiving the amount of
Rs. 11,00,000/-(Rupees Eleven Lakhs) mentioned herein
above, the First Party, i.e. the Petitioner/wife shall give
up her claim for Permanent maintenance/Alimony and
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undertakes that she shall not claim any amount
whatsoever from the Second Party or his family
members in future. The Petitioner has permanently
waived her right of maintenance from the Second Party,
i.e. the Respondent/ husband or any of his family
members.
9. It is specifically agreed between the Parties
that any other complaint/litigation which may have
been instituted by them which may not be mentioned in
the present Settlement Agreement and which may not
be known to one or the other party shall also stand
withdrawn upon signing of the present Settlement
Agreement.
10. It is further agreed between the Parties that
upon execution and acceptance of the present
Settlement Agreement by the Hon’ble Supreme Court
and until such time that the final decree of divorce is
granted by the Court, they shall in the meanwhile not
take any steps or continue with or take any
coercive/adversarial actions against each other and/or
their family members in the pending litigations.
11. It is further agreed between the Parties that
both are fully committed to honour each and every
term and condition of this Settlement Agreement and
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any breach of any obligation herein contained or
violation of any term of this Settlement Agreement
herein contained by any party hereto, shall be liable for
action by this Hon’ble Court against the party at fault
and the party aggrieved shall have the right to remedy
the breach by approaching this Hon’ble Court for
enforcing the terms of this settlement.
12. The Parties agree that they have arrived at
the present Settlement Agreement with their own free
will and desire and without any pressure, fraud, force,
coercion, or undue influence by either of the parties
and/or their family members. The parties also agree
that the contents of the present Settlement Agreement
have been read over to them by the Mediator in
presence of their respective counsels/advocates and
they have understood the contents of the same in its
true letter and spirit. The Parties further agree and
undertake not to raise the issues concerning the
present Mediation further before any court of law.
13. The Parties also agree and undertake to be
bound by the terms of the present Settlement
Agreement. The Parties further agree and undertake
that they shall not resile from or dispute this Settlement
Agreement in the future.
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14. The Parties hereto state that they shall have
no claim or right qua any immovable or movable
properties of the other party or against the family
members of the other party whether self-acquired, HUF,
or ancestral under any circumstances now or in the
future, in view of the present Settlement Agreement.
15. The Parties agree and undertake not to
interfere in the life of each other in any manner and
also undertake not to make allegations, defamatory or
derogatory, against each other and their respective
family members personally or on any public forum
and/or through social media i.e. WhatsApp, Facebook,
Twitter, Instagram etc. or in any other manner
whatsoever. All allegations made hereinbefore by the
Parties against each other or against the family
members and friends of either party shall stand
withdrawn unequivocally upon the signing of the
present Settlement Agreement.
16. The present Settlement Agreement is
effective and enforceable from the date of its execution
and acceptance by the Hon’ble Supreme Court and
shall remain effective and binding and form part of the
decree for mutual consent
17. It is agreed between the Parties that they will
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strictly adhere to the terms and conditions of this
Settlement and will do all acts necessary for the
expeditious compliance of the same and shall
cooperate with each other and do all acts and sign all
the relevant documents required for the purposes of
obtaining a divorce by mutual consent.
18. The Parties have executed this Settlement
Agreement before the Mediator appointed by the
Hon’ble Supreme Court Mediation Centre of their own
accord and free will, without perpetration of any force,
undue influence, or coercion from any quarter, and both
the Parties shall be estopped in law to assail the validity
of any clause/term of the present Settlement
Agreement on the ground of the same being void or
unlawful. The Parties have further confirmed and
undertaken that they were given sufficient time and
opportunity to consult their legal counsels of their
choice and it is only after said consultations with the
counsels of their choice and after full understanding of
the effect of the terms and conditions of the present
Settlement Agreement, that the Parties have executed
the present Settlement Agreement.”
4. As per clause 3 of the settlement agreement, the
respondent has paid a sum of ₹11,00,000/- (Rupees Eleven Lakhs
only) towards past, present and future maintenance and
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permanent alimony vide DD No. 057477 dated 10.12.2024 drawn
on Axis Bank Ashok Vihar, New Delhi in the name of ‘Sweta
Khandelwal’. It is also agreed that after the full and final
settlement, neither party will file any case/ complaint/ suit/
petition against the other.
5. We have perused the joint application filed by the
parties and the terms of settlement. There is no child born from
the wedlock. We have interacted with the petitioner and the
respondent who attended the proceedings, and have been
identified by their respective Advocates.
6. During hearing, the parties have acknowledged the
terms of the settlement. The petitioner states that in terms of the
settlement, she has received all the dowry articles and the sum of
₹11,00,000/- (Rupees Eleven Lakhs only). Both the parties have
requested that in view of settlement, decree of divorce by mutual
consent may be passed.
7. Having heard learned counsel as also the parties, we
are of the view that the settlement deserves to be accepted and
accordingly, we dispose of this Transfer Petition including the joint
application with the following directions:
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(i) Accepting the terms of settlement and as
consented by the parties, we grant decree of divorce by
mutual consent in exercise of our power under Article
142 of the Constitution of India and declare the
marriage solemnized between the petitioner and the
respondent on 11.12.2021 as dissolved and they are at
liberty to live their lives with free will independently
and without any interruption.
(ii) Divorce Petition filed by the Respondent-
husband under section 13(1)(ia) & (ib) of the Hindu
marriage Act, 1955 bearing MAT Suit No. 497/2024
titled “Sri Nitish Dangayach vs. Sweta Khandelwal”
pending before the ADJ, Serampore, Hooghly, West
Bengal is disposed of.
(iii) Maintenance Petition filed by Petitioner-wife
for maintenance under Section 125 of Cr.P.C. bearing
CRP Case No. 201 of 2023 titled “Sweta Khandelwal vs
Nitish Dangayach” pending before the Family Court,
District Balasore, Odisha is disposed of.
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8. The settlement be treated to be a part of the decree
and the parties shall abide by the same. The decree be drawn
accordingly.
9. Information of this order be sent to the Courts
concerned for necessary action.
10. The I.A. No. 302477 of 2024 is allowed.
11. In view of the above, the Transfer Petition is disposed
of.
12. Pending application(s), if any, shall stand disposed of.
…………………………………., J.
[ J.K. MAHESHWARI ]
…………………………………., J.
[ RAJESH BINDAL ]
New Delhi
January 03, 2025.
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ITEM NO.3 COURT NO.7 SECTION XVI
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. 2177/2024
SWETA KHANDELWAL Petitioner(s)
VERSUS
NITISH DANGAYACH Respondent(s)
[ MEDIATION REPORT RECEIVED ]
(IA No. 183718/2024 – STAY APPLICATION)
Date : 03-01-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.K. MAHESHWARI
HON’BLE MR. JUSTICE RAJESH BINDALFor Petitioner(s)
Mr. Rishi Matoliya, AOR
Mr. Nikhil Kumar Singh, Adv.
For Respondent(s)
Mr. Rajat Sangwan, Adv.
Mr. Sumit Kumar Sharma, Adv.
Md. Anas Chaudhary, Adv.
Ms. Shehla Chaudhary, Adv.
Mr. Ansar Ahmad Chaudhary, AOR
UPON hearing the counsel the Court made the following
O R D E R
1) I. A. No. 302477/2024 is allowed and the transfer
petition is disposed of in terms of the signed order.
2) Pending application(s), if any, shall stand disposed
of.
(NIDHI AHUJA) (NAND KISHOR)
AR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file.]
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