Supreme Court - Daily Orders
Bhawna Rani vs Kamal Kumar on 22 September, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 679 OF 2025
BHAWNA RANI Petitioner(s)
VERSUS
KAMAL KUMAR Respondent(s)
WITH
TRANSFER PETITION (CIVIL) NO. 809 OF 2025
O R D E R
1. The petitioner-wife has filed the petitions under Section 25 of the Code of Civil Procedure, 1908 read with Order XLI of the Supreme Court Rules, 2013 before this Court seeking transfer of cases details of which are as under:
A. HMA Petition No. 2439 of 2022 titled as “Kamal Kumar vs Bhawna Rani” filed under Section 13(1(ia) and 13(1)iii of the Hindu Marriage Act, 1955 pending before the Principal Judge, Family Court, North District, Rohini Court, Delhi to the Principal Judge, Family Court, Bhiwani, Haryana.
B. Petition No. 2192 of 2023 titled as “Ms. Bhawana Rani vs. Signature Not Verified Kamal Kumar & Ors.” filed under Section 12 of the Protection of Digitally signed by KAPIL TANDON Date: 2025.09.26 19:04:52 IST Reason: Women from Domestic Violence Act, 2005 pending before the Chief 1 of 10 Metropolitan Magistrate , Rohini Court, Delhi to the Principal Judge, Family Court, Bhiwani, Haryana.
2. During the pendency of aforesaid transfer petitions, the parties were referred to the Supreme Court Mediation Centre vide order dated 08.07.2025. By virtue of the mediation, the parties have arrived at a settlement and they have decided to part ways on certain terms and conditions which are delineated in the settlement agreement dated 31.07.2025 which has been signed by both the parties, counsel for the respondent and the Mediator, copy of which has been filed by the Supreme Court Mediation Centre.
3. Learned counsel for the parties has filed a joint application being IA No. 211614 of 2025 with the following prayers:
“a) Dispose of the present Application by granting a decree of Divorce by Mutual Consent to the Applicants as well as quash the pending criminal and civil proceedings in terms of the Settlement Agreement dated 31.07.2025 in exercise of powers under Article 142 of the Constitution of India, and;
b) Quash the FIR No. 0552, dated 01.08.2023 at P.S.-
Begam Pur, Rohini, Delhi under section 498-A, 406, 34 I.P.C after complaint filed by Petitioner/Wife against Respondent/ Husband and his family members before Police.
c) pass any other or further orders as may deem fit and proper in the circumstances of the case.”
4. Further, the terms and conditions and the relevant paragraphs as set out in Settlement Agreement dated 2 of 10 31.07.2025 are as under:
“1. WHEREAS the marriage between Petistioner/Wife and Respondent/Husband was solemnized on 06.12.2021 at Bhiwani (Haryana) in accordance with Hindu Rites and ceremonies and out of said wedlock there is no issue.
2. WHEREAS the parties have been living separately since 21.01.2022 and there is no relationship between both the parties as that of a husband and wife since 21.01.2022.
3. WHEREAS the marriage between the parties concerned has broken down due to irreconcilable, differences, temperamental differences, differences in outlook and compatibility and as such they have decided to part ways by seeking divorce by mutual consent.
4. WHEREAS Petitioner/Wife preferred transfer petition T.P. (Civil). No. 679 of 2025 in the Hon'ble Supreme Court of India for transfer of case HMA No. 2439/2022 titled as Kamal Kumar vs. Bhawna Rani pending. consideration in the Court of Principal Judge, Family Court, Rohini Courts, Delhi to Family Court, Bhiwani (Haryana) and T.P. (Civil). No. 809 of 2025 in the Hon'ble Supreme Court of India for transfer of Ct. Case No. 2192 of 2023 titled as Bhawna Rani Vs Kamal Kumar & Ors pending adjudication before Ld. JMFC, (MC-02) North West, Rohini.
5. WHEREAS the Hon'ble Supreme Court vide order dated 08.07.2025 passed in T.P.(Civil) No. 679 of 2025 alongwith T.P. (C)No. 809/2025 was pleased to refer the matter to the Supreme Court Mediation Centre for exploring the possibilities of amicable settlement of all disputes between the parties concerned after Ld. Counsel for respective parties showed willingness for same.
6. WHEREAS in pursuance of order dated 08.07.2025 passed by the Hon'ble Supreme Court the matter was assigned to Krishna Kumar Srivastava (Mediator) by the Supreme Court Mediation Centre vide letter dated 15.07.2025.
7. WHEREAS Comprehensive mediation sessions were held with the parties separately and jointly alongwith their respective counsels on 16.07.2025, 24.07.2025 and 31.07.2025 respectively before 3 of 10 Mediator in Supreme Court Mediation Centre. As a result, parties concerned have arrived at an amicable solution resolving all their disputes.
8. WHEREAS the parties herein above have taken a decision to break their matrimonial ties keeping in view of their future welfare and better prospects.
9. WHEREAS both the parties have executed the Settlement deed Agreement without 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 settlement on the ground of the same being void or unlawful subject to the payment of the entire settlement amount in terms of the present settlement/agreement.
10. WHEREAS the instant Settlement Deed is effective and enforceable from the date of execution and shall remain effective and binding.
11. WHEREAS it has also been agreed between the parties concerned that they will 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 another and sign all the relevant documents required for the purpose of obtaining divorce by mutual consent.
12. WHEREAS all parties concerned voluntarily, on their own free will and volition and without any force or coercion have amicably resolved to settle all their disputes and differences in the presence of the Mediator and their respective counsels on following terms and conditions: -
I. WHEREAS it has been agreed between parties concerned that they shall get their marriage dissolved by a decree of divorce by way of mutual consent with kind permission of the Hon'ble Supreme Court and prior to the same they shall adopt proper procedure and shall undertake to follow the instructions as the Hon'ble Supreme Court deem fit and proper in the interest of justice.
II. WHEREAS it has been agreed between parties concerned that the Respondent/Husband has agreed to pay a sum of Rs. 13,50,000 (Rs. Thirteen Lakhs and Fifty Thousand only) to the Petitioner/Wife through RTGS/NEFT/Demand Draft 4 of 10 on day of hearing of present petition in the Hon'ble Supreme Court and same will be credited in account of Petitioner/Wife named as Bhawna Rani bearing A/C No. 50100384116793, IFSC-HDFC 00009038 in HDFC Bank, Branch-Gurgaon as permanent alimony and after the said payment the Petitioner undertakes that she will not claim any maintenance present, Past or future from the Respondent/Husband in any manner whatsoever as all the disputes have finally being settled amicably between the parties.
III. That the Parties undertake to file joint application under Article 142 of the Constitution of India seeking dissolution of marriage by decree of divorce and for quashing of pending proceedings in terms of settlement dated 31.07.2025 arrived at Mediation Centre, Supreme Court of India.
13. WHEREAS THE PARTIES HAVE FILED FOLLOWING CASES AGAINST EACH OTHER:-
A ΗΜΑ 2439/2022 under section 13 of HMA filed by Respondent/Husband against Petitioner/Wife pending in court of JFC, Rohini Courts, Delhi B. Ct. Case 2192/2023 under section 12 of PWDV Act filed by Petitioner/Wife against Respondent/Husband and his family members pending in court of JMFC, Rohini Courts, Delhi.
C. Ct. Case 527/2023 under section 156(3) Cr.PC filed by Respondent/Husband against Petitioner/Wife pending in court of JMFC, Rohini Courts, Delhi D. Restoration Application CM/110/2024 pending in DMC 836/2023 filed by Petitioner/Wife under section 9 of HMA in court of PDJFC, Bhiwani, Haryana after same was dismissed in default.
E. Restoration Application CM/111/2024 pending in MNT/125/47/2023 filed by Petitioner/Wife under section 125 Cr.PC in court of PDJFC, Bhiwani, Haryana after same was dismissed in default F FIR No. 0552 dated 01.08.2023 at P.S.-Begampur, Rohini, Delhi under section 498-A, 406,34 IPC 12 after complaint filed by Petitioner/Wife against Respondent/Husband and his family members before police.
G. Written Complaint dated 10.01.2025 at P.S.-
5 of 10 Prashant Vihar, Delhi filed by Petitioner/Wife against Respondent/Husband before police.
14. WHEREAS the parties concerned have executed the settlement/agreement without any force, undue influence or coercion from any quarter and parties concerned shall be estopped in law to assail the validity of any clause/terms of the settlement on the ground of the same being void or unlawful subject to the payment of the entire settlement amount in terms of the present settlement/agreement.
15. WHEREAS the parties concerned undertake that henceforth, they shall not interfere in the life of each other by any means and further undertake that henceforth they shall not file any proceedings, civil and/or criminal or case against each other and/ or against the family members, relatives of either party, and the parties undertake to abide by the terms of the present settlement agreement.
16. WHEREAS in terms of the instant settlement agreement, the parties have settled all their claims in respect of all the properties, movable or immovable, and neither of the parties and their respective family members shall have any claim, right, title or interest over any property, movable or immovable, of any nature against each other whether self-acquired, ancestral or otherwise and relinquish all their claims, rights, title or interest, if any against each other and, they shall have no other or further claim or demand against each other.
17. WHEREAS the parties concerned shall extend full co-operation to each other in execution of all the terms and conditions of this settlement agreement and shall maintain peace and harmony between them.
18. WHEREAS parties concerned to the present settlement/agreement undertake that they shall duly perform and abide all the terms and conditions as contained in present settlement/agreement and in case of breach of any of the terms and conditions as envisaged herein above, the parties are liable to be punished under relevant provisions of law.
19. WHEREAS the parties shall request the Hon'ble Supreme Court to invoke their unique power under Article 142 of the Constitution of India to put an end to a dispute in a manner that would fit the factual matrix of the case once the settlement 6 of 10 terms are complied with for the purpose of complete justice where all time law may not provide remedy.
20. WHEREAS the contents of the instant settlement/agreement have been read over to the parties concerned and they have been explained the terms of the settlement /agreement."
5. We have taken the Joint Application and Settlement Agreement dated 31.07.2025 on record.
6. Having considered the matter in detail and having perused the Settlement Agreement & Joint Application which is also supported by the affidavits of Ms. Bhawna Rani (petitioner-wife) and Mr. Kamal Kumar (respondent–husband), we are of the view that this is a fit case for exercising power under Article 142 of the Constitution of India to dissolve the marriage between the parties. Consequently, the marriage between the parties which was solemnized on 06.12.2021 at Bhiwani, Haryana stand dissolved by a decree of divorce by mutual consent.
7. Further, it is recorded that learned counsel representing the respondent-husband has handed over a demand draft of Rs 13.50 lakhs (Rupees Thirteen Lakhs Fifty Thousand only) to the learned counsel representing the petitioner-wife towards full and final settlement of all her claims.
8. We further direct that;
A ΗΜΑ No. 2439/2022 under section 13 of HMA filed by Respondent/Husband against Petitioner/Wife pending in court of JFC, Rohini Courts, Delhi stands disposed of in terms of our order recording the consent terms.
B. Ct. Case 2192/2023 under section 12 of PWDV Act filed by Petitioner/Wife against Respondent/Husband and his family 7 of 10 members pending in court of JMFC, Rohini Courts, Delhi stands quashed.
C. Ct. Case 527/2023 under section 156(3) Cr.PC filed by Respondent/Husband against Petitioner/Wife pending in court of JMFC, Rohini Courts, Delhi stands quashed.
D. Restoration Application CM/110/2024 pending in DMC 836/2023 filed by Petitioner/Wife under section 9 of HMA in court of PDJFC, Bhiwani, Haryana after same was dismissed in default, stands disposed of in terms of our order recording the consent terms.
E. Restoration Application CM/111/2024 pending in MNT/125/47/2023 filed by Petitioner/Wife under section 125 Cr.PC in court of PDJFC, Bhiwani, Haryana after same was dismissed in default, stands disposed of in terms of our order recording the consent terms.
F FIR No. 0552 dated 01.08.2023 at P.S.-Begampur, Rohini, Delhi under section 498-A, 406, 34 IPC 12 after complaint filed by Petitioner/Wife against Respondent/Husband and his family members before police stands quashed.
G. Written Complaint dated 10.01.2025 at P.S.- Prashant Vihar, Delhi filed by Petitioner/Wife against Respondent/Husband before police stands quashed/withdrawn.
9. Copy of this order shall be sent to the respective Courts 8 of 10 as mentioned in paragraph nos. 8(A) to (G) for follow up action.
10. In view of the above, Transfer Petitions and Joint Application being IA No. 211614 of 2025 are disposed of. The Registry will draw a decree in the aforesaid terms.
11. It is further directed that the parties shall abide by the terms of this settlement implicitly.
12. Pending applications(s), if any, are disposed of.
…………………………………………………………………………J. [PAMIDIGHANTAM SRI NARASIMHA] …………………………………………………………………………J. [ATUL S. CHANDURKAR] NEW DELHI;
SEPTEMBER 22, 2025
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ITEM NO.1 COURT NO.7 SECTION XIV
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). 679/2025
BHAWNA RANI Petitioner(s)
VERSUS
KAMAL KUMAR Respondent(s)
FOR ADMISSION
IA No. 61378/2025 - STAY APPLICATION WITH T.P.(C) No. 809/2025 (XIV) IA No. 75818/2025 - EX-PARTE STAY Date : 22-09-2025 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ATUL S. CHANDURKAR For Petitioner(s) :Ms. Azra Rehman, Adv.
Ms. Vanya Gupta, AOR Ms. Zara Sheikh, Adv.
Mr. Harinder Singh, Adv.
For Respondent(s) :Mr. Kumar Gaurav, Adv.
Dr. Linto K.b., AOR Ms. Kristen Sleeth, Adv.
Mr. Tom Joseph, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. The Transfer Petitions and Joint Application being IA No. 211614 of 2025 are disposed of in terms of Signed Order.
2. Pending application(s), if any, shall stand disposed of.
(KAPIL TANDON) (NIDHI WASON)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed Order is placed on the file)
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