Supreme Court – Daily Orders
Vaibhav Sharma vs Nupur Pathak Sharma on 30 July, 2025
Author: Pankaj Mithal
Bench: Pankaj Mithal
1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRIMINAL) NO.144/2024
VAIBHAV SHARMA PETITIONER(S)
VERSUS
NUPUR PATHAK SHARMA RESPONDENT(S)
WITH
TRANSFER PETITION (CRIMINAL) NO. 256/2024
ORDER
1. Heard learned counsel for the parties.
2. T.P. (Crl.) No. 144 of 2024 has been filed
by the petitioner-husband seeking transfer of a
maintenance case instituted by the respondent-wife
bearing MJC R(Maintenance Case) No.08 of 2024,
titled as “Smt. Nupur Pathak Sharma Vs. Captain
Vaibhav Sharma” pending before the Court of
Additional Principal Judge, Family Court, Gwalior
District, Madhya Pradesh and T.P. (Crl.)
No.256/2024 has been filed by the petitioners
seeking transfer of a case bearing No.
RCT/8255/2023, titled as “State of Madhya Pradesh
Vs. Vaibhav Sharma & Ors.”, pending in the Court of
IVth Civil Judge Class-1, Gwalior District, Madhya
Signature Not Verified
Digitally signed by
SNEHA DAS
Date: 2025.08.01
18:47:01 IST
Pradesh to the Family Court/Magistrate court,
Reason:
Belapur at Thane District Court, State of
Maharashtra.
2
3. During the pendency of the present
petitions, with the consent of the parties, the
matters were referred to the Supreme Court
Mediation Centre for exploring the possibility of
an amicable settlement.
4. The parties have entered into a settlement
and the Settlement Agreement dated 01.07.2025 is on
record.
5. Under the settlement, the parties have inter
alia agreed to dissolve their marriage by a decree
of divorce by mutual consent. The respondent-wife
has agreed not to claim any maintenance or
permanent alimony in future. They have also agreed
that they will withdraw all the cases filed by each
one of them, once a decree of divorce is passed
either under Article 142 of the Constitution of
India or by the Family Court.
6. It has also been agreed that all civil and
criminal cases, as mentioned in paragraph ‘4’ of
the settlement agreement pending between the
parties shall stand closed, namely:
“i. Respondent Wife filed case MJC
R(Maintenance Case) No. 08 of 2024 under
Section 125 of Cr.P.C. pending before
Additional Principal Judge, Family Court,
Gwalior;
ii. Respondent Wife filed Case bearing
No. RCT/8255/2023 under Section 498A of
3I.P.C. and Section 3 and 4 of Dowry
Prohibition Act(titled as State of Madhya
Pradesh Vs. Vaibhav Sharma & Ors.) pending
before Civil Judge Class 1, Gwalior
District, Madhya Pradesh;
iii. Petitioner husband filed Divorce
Case bearing Petition No.286 of 2023 under
Section 13(1) of HMA 1955 pending before
Principal Judge Family Court Belapur,
Mumbai and;
iv. Respondent wife filed case bearing
MCJ R No. 1421 of 2024 under Section 12 of
the DV Act, pending before District Session
Court, Gwalior, Madhya Pradesh.”
7. Considering the fact that the parties have
been living separately since 20th March, 2023, we
consider it proper to exercise our power under
Article 142 of the Constitution of India and direct
for drawing a decree of divorce by mutual consent
in Petition No.286 of 2023, filed by the
petitioner-husband under Section 13(1) of HMA 1955,
pending in the Court of Principal Judge, Family
Court Belapur, Mumbai, which shall stand closed
accordingly.
8. Similarly, all other cases referred to above
shall also stand closed.
9. The parties shall remain bound by the terms
and conditions of the Settlement Agreement.
10. The transfer petitions stand disposed of in
the above terms.
4
11. The Registry shall inform the respective
Courts about this order where the proceedings are
pending in the aforesaid cases.
12. We place on record our appreciation for the
sincere work done by the Supreme Court Mediation
Centre in facilitating the parties to arrive at a
settlement.
13. Pending application(s), if any, shall stand
disposed of.
……………………………………………………J.
[PANKAJ MITHAL]
……………………………………………………J.
[PRASANNA B. VARALE]
NEW DELHI;
30 JULY, 2025.
SD
5
ITEM NO.1 COURT NO.11 SECTION II-E
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. 144/2024
VAIBHAV SHARMA PETITIONER(S)
VERSUS
NUPUR PATHAK SHARMA RESPONDENT(S)
[ MEDIATION REPORT RECEIVED ]
(IA No. 158787/2024 – CONDONATION OF DELAY IN FILING COUNTER
AFFIDAVIT; IA No. 33707/2024 – EX-PARTE STAY; IA No. 158790/2024 –
EXEMPTION FROM FILING O.T.; IA No. 33708/2024 – EXEMPTION FROM
FILING O.T.; IA No. 248049/2024 – STAY APPLICATION)
WITH
T.P.(Crl.) No. 256/2024 (II-E)
(IA No. 67525/2024 – EX-PARTE STAY
IA No. 67526/2024 – EXEMPTION FROM FILING O.T.)
Date : 30-07-2025 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE PANKAJ MITHAL
HON’BLE MR. JUSTICE PRASANNA B. VARALEFor Petitioner(s) Ms. Shaik Ameena Rehamani, Adv.
Mr. Ujjwal Bhardwaj, Adv.
Mr. Pawan Kumar, Adv.
Mr. Vishal Arun Mishra, AOR
For Respondent(s) Mr. Amit Sharma, A.A.G.
Mr. Aditya Singh Ga, Adv.
Mr. Yashraj Singh Bundela, AOR
Mrs. Pratima Singh, Adv.
Ms. Saloni Singh, Adv.
Mr. Arpit Garg, Adv.
Mr. Kshitiz Singh, Adv.
Mr. Bharat Singh, Adv.
Mr. Amit Pawan, AOR
6UPON hearing the counsel the Court made the following
O R D E R
1. The transfer petitions stand disposed of in
terms of the signed order which is placed on the
file.
2. Pending application(s), if any, shall stand
disposed of.
(SNEHA DAS) (NIDHI MATHUR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)