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Supreme Court - Daily Orders

Vedika Nigania vs Pranit Saraf on 3 September, 2025

Bench: Dipankar Datta, Prashant Kumar Mishra

                                        IN THE SUPREME COURT OF INDIA

                                          CIVIL ORIGINAL JURISDICTION

                                   TRANSFER PETITION (C) NO. 2535 OF 2024



     VEDIKA NIGANIA                                                              PETITIONER

                                                        VERSUS

     PRANIT SARAF                                                                RESPONDENT


                                                       ORDER

1. In course of hearing of this transfer petition, the petitioner-wife (Ms. Vedika Nigania) and the respondent-husband (Mr. Pranit Saraf) were referred to the Supreme Court Mediation Centre.

2. The process of mediation has produced positive results. The Mediator has sent a report that the parties have agreed to resolve the inter se disputes and differences amicably. It has also been decided by them to apply before this Court seeking dissolution of their marriage by mutual consent under Article 142 of the Constitution of India.

3. The parties have jointly filed an application under Article 142 of the Constitution of India, being I.A. No.209856/2025, in view of such settlement. The prayers in the application under Article 142 read as follows:

“i. Allow this Interim Application;
ii. Dissolve the marriage between the Petitioner & the Respondent under Article 142 of the Constitution of India;
Signature Not Verified Digitally signed by rashmi dhyani pant
iii. Quash the following legal proceedings initiated by either parties, as Date: 2025.09.06 12:51:41 IST Reason: detailed below:
a) Complaint Case No. Ct. Cases 2661/2024, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, Pending before the Learned Judicial Magistrate, Alipore, Kolkata;
b) FIR No. 37/2024, registered at Ballygunge Police Station, Kolkata, under Sections 498A, 406, and 34 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961;
c) Matrimonial Case No. 355 of 2024, titled "Pranit Saraf vs. Vedika Nigania", filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955, pending before the Learned Family Court No. 3, Jaipur, Rajasthan.

iv. Take on record the MoU dated 07.08.2025 as a full and final settlement between the parties and their respective family members; v. Pass such other and further orders as may be deemed just and proper in the facts and circumstances of the case.”

4. Memorandum of understanding agreed by and between the parties inter alia reads as follows:

“8. That both Parties hereby acknowledge and agree that the Streedhan, belonging to the First Party, including all her jewelery, valuables, and other items presented to her at the time of marriage or thereafter, have been duly returned to her by the Second Party to her full satisfaction and such shall deem to constitute the complete and final settlement of the Streedhan;
9. That the First Party hereby acknowledges and agrees that she has received all her streedhan and that she shall not make any claim or demand in relation to the same at any stage, whether during or after the conclusion of the divorce proceedings.
10. The First Party agrees to forgo any claim for monetary compensation, alimony or maintenance. The first Party acknowledges and undertakes that she will not assert or demand any such claims at any point, either during or after the completion of the divorce proceedings.
11. The First Party agrees to waive any claim or entitlement to the movable and immovable properly, including ancestral or self-acquired property of the Second Party. The First Party acknowledges and undertakes that she shall not make any claim or demand in relation to such property, whether during or after the conclusion of the divorce proceedings.
12. The First Party also expressly undertakes that she shall not initiate or pursue any litigation, complaint or legal proceedings of any nature against the Second Party, whether civil or criminal, in connection with any claims for Streedhan, monetary compensation, maintenance, 2 alimony or rights in the Second Party's property.”

5. During the course of the dispute, the parties filed various cases against each other. List of cases pending by and between the parties before various courts is as under:

“a) An FIR under sections 498A, 406, and 34 of the Indian Penal Code, 1860, and sections 3 and 4 of the Dowry Prohibition Act, 1961, registered as FIR No.37/2024 at Ballygunge Police Station, South East Division, Kolkata, against the Second Party and his family members, including his mother, Mrs. Aneeta Saraf, sister, Mrs. Neha Khemka, and brother-in-law, Mr. Chetan Khemka.
b) A Transfer Petition (TP (C) No.2535/2024) titled as "Vedika Nigania vs. Pranit Saraf” before the Hon'ble Supreme Court of India.
c) A Complaint case bearing Redg. no. Ct. Cases 2661/2024, U/s 12 Protection of Women from Domestic Violence Act, 2005 filed before Ld. JM. Alipore Court, Kolkata.”

6. The petitioner-wife and the respondent-husband have joined the proceedings virtually. Responding to our query, they have separately submitted that the settlement has been arrived at by them voluntarily and there has been no undue influence or pressure from any side.

7. The parties having amicably resolved the inter se disputes and differences, the terms of settlement which are contained in the joint application shall form part of this order.

8. Accordingly, in exercise of power conferred on us by Article 142 of the Constitution of India, we dissolve the marriage between the parties by mutual consent by granting an order in terms of prayer (ii) of the joint application. Decree be drawn up, accordingly.

9. As a result of this order, nothing survives for decision on the transfer petition. The transfer petition stands disposed of together with I.A. 3 No.209856/2025.

10. The relevant courts/police stations shall mark closure of the cases/proceedings/complaints that are pending/lodged before it, once this order is received.

11. Pending application(s), if any, shall also stand disposed of.

12. We appreciate the efforts of the mediator in assisting the parties to resolve their disputes amicably.

….........................................J. [DIPANKAR DATTA] …..........................................J. [PRASHANT KUMAR MISHRA ] New Delhi;

September 03, 2025.

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ITEM NO.2                    COURT NO.7                           SECTION XV

                 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).2535/2024 VEDIKA NIGANIA Petitioner VERSUS PRANIT SARAF Respondent I.A. No.215006/2024-EXEMPTION FROM FILING O.T. I.A. No.215004/2024-STAY APPLICATION Date : 03-09-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) :Mr. Yash Chaturvedi, Adv.

Mr. Dhananjay Kumar, Adv.

Mr. Shashank Shekhar, AOR For Respondent(s) :Ms. Purvi Mathur, Adv.

Mr. Kushagra Sharma, Adv.

Mr. Abhimanyu Singh, Adv.

Mr. Vikramaditya Singh, AOR Ms. Yashika Gupta, Adv.

Mr. Anupam Jain, Adv.

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

1. The transfer petition stands disposed of together with I.A. No.209856/2025 in terms of the signed order.

2. Pending application(s), if any, shall stand disposed of. (RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA) ASST. REGISTRAR-CUM-PS COURT MASTER (NSH) (signed order is placed on the file) 5