Supreme Court - Daily Orders
Soujit Singha vs Arkabrati Singha (Neogi) on 25 November, 2025
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2025
(Arising out of SLP(C) No. 13352 of 2025)
SOUJIT SINGHA APPELLANT
VERSUS
ARKABRATI SINGHA (NEOGI) RESPONDENT
O R D E R
Heard learned counsel for the parties.
2. Leave granted.
3. The challenge is to the interim order dated 24.12.2024 passed by the High Court of Calcutta in C.O. No. 3223 of 2023, by which the earlier interim order dated 11.10.2023 has been further extended. However, upon the parties being referred to mediation, a settlement has been worked out.
4. Pursuant thereto, the parties have arrived at a settlement and a joint application being I.A. No.302318 of 2025 has been filed bringing on record the settlement agreement dated 20.11.2025. For the sake of convenience, we deem it appropriate to reproduce the same, which is as follows:-
Signature Not VerifiedDigitally signed by DEEPAK SINGH Date: 2025.12.02 17:19:56 IST Reason: 1
“SETTLEMENT AGREEMENT BETWEEN Mr. Soujit Singha son of Samir Singha, R/o Dangapara, PO Pandapara, Kalibalt, PS Kotawali, District Jalpaiguri, West Bengal -753132 Hereinafter referred as the First Party AND Ms. Arkabrati Singha Neogi daughter of Late Anil Kumar Neogi resident of 356/A, Lake Town, Green Park, B Block, Jessore Road, Kolkata – 700089, West Bengal Hereinafter referred as the Second Party The first party and the second party shall be collectively referred to as parties.
I. Preliminary a. The parties hereto got married on 20.1.2000 as per Hindu rites and customs. The
marriage was later duly registered under the extant provisions of the Hindu Marriage Act, 1955.
b. Both parties led their conjugal life as husband and wife till 2015. Two sons were born from the wedlock. The older son Anurag Singha was born on 27.12.2000. The younger son Souhardya Singha was born on 10.04.2010. Thereafter, due to the irreconcilable differences between the parties, they started living separately.
c. This Hon’ble Court vide its order dated 25.8.2025 was pleased to refer the matter to Mediation Centre, Supreme Court of India, New Delhi. Comprehensive mediation sessions were conducted by Mr. CP Singh, Ld. Mediator with the parties both by video conferencing and by way of physical mode on 25.8.2025, 1.9.2025, 9.9.2025, 12.9.2025, 6.10.2025, 13.10.2025, 28.10.2025 and 30.10.2025.
d. Following the with the efforts of the Ld. Mediator, the parties have arrived at an amicable settlement on the following terms and conditions:
II. Terms
1. Both the parties hereto confirm and declare that they have, voluntarily and of their own freewill, have decided not to live together as husband and wife and have arrived at this Settlement in the presence of the mediator, their respective counsels and their family members.
2. The particulars of the cases between the parties are set out below: 2
S. Case No. Prayer/Proceeding challenged
No.
i. Mat Suit 62/2023 before Filed by Shri Soujit Singha
the Ld. District Judge seeking divorce
Malda
ii. CO 3223 of 2023 pending Filed by Ms. Arkabrati Singha
before the Hon’ble Neogi, praying for the transfer of
Calcutta High Court Mat Suit 62 of 2023
iii. FMA 1735 of 2019 Appeal against order passed in
pending before the Misc Case 24/16, filed by the
Hon’ble Calcutta High Shri Soujit Singha.
Court
iv. Misc. 16/23 (pending Prayer for interim Maintenance of
before the Ld. District the minor son, Souhardya, filed
Judge, Malda) by the respondent.
v. Misc. Case 24/16 Prayer for Custody of Minor Son,
(disposed of by Ld. District Souhardya Singha. Filed by
Judge, Birbhum) Arkabrati Neogi. Ordered by
giving permanent custody to
Arkabrati Neogi, but temporary
custody for holidays was given to
Soujit Singha.
vi. Misc Execution 7/24 Prayer for execution of the order
(pending before the Ld. passed in Misc Case 24/16. Filed District Judge, Birbhum) by Soujit Singha.
3. The parties have entered into a full and final settlement/agreement in respect to the above-mentioned cases on the following terms & conditions:
(I) Both parties herein agree that they shall jointly pray to the Hon’ble Supreme Court to exercise its power under Article 142 of the Constitution of India to grant a Decree of Divorce by mutual consent, without relegating the parties to the Trial Court.
(II) In addition, the parties shall also pray that the Hon’ble Court pass an order 3 closing all the pending cases and make the order passed in disposed cases between the parties ineffective.
(III) That the second party/ respondent, Ms. Arkabrati Singha Neogi, has agreed to forgo her claims to alimony. The first party/ petitioner has agreed to pay a sum of Rs. 60,00,000 towards the future requirements of his sons, Mr. Anurag Singha and Mr. Souhardya Singha. The Petitioner has also agreed to hand over a demand draft in the sum of Rs. 60,00,000/- in the name of Mr. Anurag Singha on or before 25.11.2025, i.e. the next date of hearing before the Hon’ble Supreme Court. This is on the condition that 50 percent of the said sum, i.e. Rs. 30,00,000 will be kept in a fixed deposit and the amount along with interest will be transferred to the younger son Mr. Souhardya Singha upon his turning major on 10.04.2028.
(IV) The parties have agreed that the custody of the minor child Mr. Souhardya Singha will remain with the Second party/ Respondent, Ms. Arkabrati Singha Neogi. First party has voluntarily agreed not to claim permanent/temporary custody of minor son Souhardya Singha. The First Party will not take any initiative to take temporary custody of Souhardya, nor shall he take any further measures to execute the order passed in Misc. Case No. 24/16.
(V) With regard to visitation, both parties agreed that in case the minor child, Mr. Souhardya Singha, wishes to meet the First Part/ Petitioner, Shri Soujit Singha, the Petitioner can meet the child at the residential house of the Second party/ Respondent or any other place as agreed by the parties. If the younger son Souhardya Singha wishes to meet his father, i.e. the first party/ petitioner, the second party/respondent, or the elder son Anurag Singha, will communicate the same to the first party/petitioner through mobile call or via WhatsApp. The petitioner can meet Souhardya with prior intimation to the respondent, for one hour, at a time convenient to Souhardya, as he is studying in 10 th Standard at the residential house of the respondent or any other place as agreed by the parties. The residential house is currently at 356/A, Lake Town, Green Park, B Block, Jessore Road, Kolkata – 700089, West Bengal. In case of a change in address on account of the transfer of the Second Party/ Respondent or otherwise, the 4 Second Party/ Respondent will notify the First Party/ Petitioner of the same.
The aforesaid Clause, i.e. Clause V, will remain in operation till the time the minor child Mr. Souhardya Singha turns major on 10.04.2028. (VI) Both the parties herein agree that all the pending and disposed cases, whether specifically mentioned herein or not, between the parties shall be withdrawn and brought to a closure within two weeks after the passing of the order by this Hon'ble Court in this Special Leave Petition. The parties also undertake to not initiate any other litigation with regard to previous disputes regarding the matrimonial relationship or with regard to custody of the children born from the marriage.
(VII) In case the Hon’ble Supreme Court is not inclined to pass the decree of divorce by mutual consent under Article 142 of the Constitution of India, then both the parties undertake that they shall appear before the jurisdictional Trial Court before District Judge North 24 Parganas within 4 weeks of the disposal of these proceedings and pray that the Matrimonial Suit for divorce be decreed by mutual consent.
4. By signing this Agreement, the parties hereto solemnly state and affirm that they have no further claims or demands against each other and that all the disputes and differences have been amicably settled by the parties hereto, through the process of Mediation.
5. Both parties, henceforth in good faith, undertake and agree that they take back all allegations made against each other till date.
6. Both parties also undertake not to use or make public in any manner whatsoever any correspondence that they may have had with each other.
7. The parties undertake to abide by the terms and conditions as set out in the above, which have been arrived at without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth and are bound by the aforesaid terms and conditions.
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8. It is agreed between the parties that in case any of the parties violates the terms and conditions of this Settlement Agreement, the aggrieved party is free to avail the legal remedies in accordance with the law.
9. Both parties have agreed upon and understood the terms of the agreement and are accordingly signing this settlement agreement in the presence of the Mediator, respective Counsels, hitherto to authenticate their will to comply with the same as agreed above.
10. Both parties further agree that while carrying out the above-mentioned stipulations, no party should take advantage of its own wrong.”
5. Basically, in the I.A. No.302318 of 2025, the stand is that the parties have agreed for mutual divorce and have prayed to this Court to grant the same by exercising this Court’s power under Article 142 of the Constitution of India.
6. We have interacted with the appellant-husband, who is present in person and also the respondent-wife, who has joined the proceedings through virtual mode. They have been identified by their respective counsel. Upon interaction, it transpires that they have agreed to the settlement and have filed the present application jointly.
7. In the Settlement Agreement, at paragraph No.2, there is a list of six cases pending, inter se, between the parties. Prayer is made that the same be closed/quashed.
8. It has further been stated that the parties have agreed to a settlement in respect of mutual divorce, whereby a total sum of Rs.60,00,000/- (Rupees Sixty Lakhs) is to be paid to their two sons. Out of said amount Rs.30,00,000/- (Rupees Thirty Lakhs) shall be paid immediately to the elder son, who 6 is a major and the remaining sum of Rs.30,00,000/- (Rupees Thirty Lakhs) shall be invested in a Fixed Deposit Receipt (F.D.R.) in a nationalized bank carrying the maximum rate of interest, till he attains the majority.
9. At this stage, on concern expressed by this Court regarding the permanent foreclosure of the rights of the sons against their father in respect of inheritable properties, to which they may be legally entitled, we are glad to record the stand of the appellant-father that there was no intention to disentitle them of their rights and that such a clause was not incorporated inadvertently. However, he takes a categorical stand that whatever share is due to them in law, the same shall not be denied in future also.
10. We are informed that the demand draft of Rs.60,00,000/- (Rupees Sixty Lakhs) bearing No. 801628, drawn on the State Bank of India, in the name elder son, Anurag Singha has been handed over by the appellant-husband to the respondent-wife in Court physically. The said amount includes the elder son’s share of Rs.30,00,000/-(Rupees Thirty Lakhs) as well as Rs.30,00,000/- (Rupees Thirty Lakhs) towards the share of his younger brother, Souhardya Singha. It is submitted by the learned counsel for the respondent-wife, with whom both the sons are residing, that the elder son shall give a sum of Rs.30,00,000/- (Rupees Thirty Lakhs) to the younger son, which shall be deposited in his name in a nationalized bank in an F.D.R. carrying the maximum rate of interest, to be operated through the respondent-wife, till the time he attains 7 majority.
11. Having interacted with the parties and going through the material on record and the terms of the Settlement Agreement, we are inclined to allow the prayer for dissolution of marriage of the parties. I.A. No.302318 of 2025 is allowed. Accordingly, the marriage between the parties stands dissolved by mutual consent.
12. Further, in view of the settlement arrived at between the parties, we are also inclined to quash all the six cases mentioned in paragraph 2 of the Settlement Agreement dated 20.11.2025. Ordered accordingly.
13. The parties shall strictly abide by the terms of Settlement Agreement dated 20.11.2025 as reproduced hereinabove.
14. The appeal is disposed of in the aforementioned terms.
15. Registry is directed to draw up the decree of divorce.
16. Pending application(s), if any, shall also stand disposed of.
……………………………………………………………………J. [AHSANUDDIN AMANULLAH] …………………………………………………………………………J. [K. VINOD CHANDRAN] NEW DELHI 25th NOVEMBER, 2025 8 9 ITEM NO.23 COURT NO.12 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) NO. 13352 /2025 (Arising out of impugned final judgment and order dated 24.12.2024 in C.O. No. 3223/2023 passed by the High Court at Calcutta) SOUJIT SINGHA Appellant(s) VERSUS ARKABRATI SINGHA (NEOGI) Respondent(s) (IA No. 110157/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 25-11-2025 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Appellant(s) : Mr. Ranjan Mukherjee, AOR For Respondent(s) : Mr. Pranjal Kishore , AOR UPON hearing the counsel the Court made the following O R D E R
1. Leave granted.
2. The civil appeal is disposed of in terms of the signed order.
3. Pending application(s), if any, stand disposed of.
(DEEPAK SINGH) (ANJALI PANWAR)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
[Signed order is placed on the file]
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