Supreme Court - Daily Orders
Asha Chaudhary vs Tulika Lath on 9 October, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRL.) NO. 317 OF 2024
ASHA CHAUDHARY Petitioner(s)
VERSUS
TULIKA LATH & ANR. Respondent(s)
O R D E R
1. The petitioner has filed the petition under Section 406 of the Criminal Procedure Code, 1973 read with Order XXXIX of the Supreme Court Rules, 2013 before this Court seeking transfer of the case, details of which are as under:
“M.C. No. 296 of 2023 titled as “Tulika Lath Vs. Sanket Chaudhary & Anr.” from 2nd Judicial Magistrate, Serampore, Hooghly, West Bengal to the District Court at Gurgaon, Haryana.”
2. During the pendency of aforesaid transfer petition, the parties were referred to the Supreme Court Mediation Centre vide order dated 24.04.2025. 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 19.09.2025 which has been signed by both the parties, their respective counsel and the Mediator, copy of which has been filed by the Supreme Court Mediation Centre.
Signature Not Verified Digitally signed by3. Learned counsel for the parties has filed a joint Jayant Kumar Arora Date: 2025.11.01 13:40:46 IST Reason: application being IA No. 248009 of 2025 with the following prayers:
2“a) Allow the present application by directing that the Settlement Agreement dated 19.09.2025 be given effect; and
b) Pass an order by exercising the power under Article 142 of the Constitution of India and pass a decree of divorce by mutual consent between Respondent No. 1 and Respondent No. 2 under the Hindu Marriage Act; and
c) Pass an order by exercising the power under Article 142 of the Constitution of India disposing all the pending cases between the Respondent No. 1 and Respondent No. 2 and their family members including those mentioned in paragraph 4 as being quashed/dismissed as withdrawn;”
4. Further, the terms and conditions and the relevant paragraphs as set out in Settlement Agreement dated 19.09.2025 are as under:
“SETTLEMENT AGREEMENT The Primary matrimonial dispute is between the Respondent No.1(Wife) and Respondent No 2 (Husband). The petitioner is the mother of Respondent No.2 and thus this Settlement Agreement is entered into between the Respondent No.1 i.e. Mrs. Tulika Lath D/o Mr. Lalit Kumar Lath Rio 89/114/2 D.N. Banerjee Road, Bangur Park, PS Rishra, Hooghly 712248. West Bengal and Respondent No.2 ie. Mr. Sanket Chaudhary Sio Suresh Kumar Chaudhary Rio Tower B-6, Flat No. 101, Vatika City Homes, Sector 83 Gurgaon-122004, Haryana
1. Whereas the marriage between the Respondent No. 1 & 2, was solemnized as per Hindu rites and ceremonies on 12.12.2019 at West Bengal. After marriage parties resided together at Gurgaon and there is no issue out of this wedlock
2. Both the parties resided together as husband and wife till 1st September 2020, and thereafter disputes and differences arose between the parties and since then she is staying with her parents at West Bengal.3
3. Whereas the Parties have filed following cases against each other-
(i) Respondent No.2/Husband has filed divorce petition bearing HMA No. 1551/ 2021 pending before the Ld. Addl. District Judge, Serampore Court, District Hooghly West Bengal seeking dissolution of marriage.
(ii) Petitioner has filed Section, 12 DV Act, 2005 bearing Case No. MC460/2023 before Judicial Magistrate II at Sarampore Court District Hooghly, West Bengal.
(iii) Respondent No.1, has filed Section 12 DV Act, 2005 bearing Case No. MC296/2023 before Judicial Magistrate III at Serampore Court District Hooghly, West Bengal.
(iv) Respondent No.1, has filed FIR bearing No. 41 of 2022 P.S. Rishra, West Bengal Under Section 498 A, 406, 1208 of IPC and Section 3 & 4 of DP. Act, 1961, pending before Judicial Magistrate IV at Serampore Court District Hooghly, West Bengal.
(V) Respondent No. 1, has filed Maintenance Case bearing No. MC132/2022, Under Section 125 of Cr.P.C.
pending before Judicial Magistrate IV at Serampore Court District Hooghly, West Bengal.
(v) Respondent No.1, has filed Misc Execution Petition bearing Misc Execution Case No. 14 of 2025 pending before Judicial Magistrate IV at Serampore Court District Hooghly. West Bengal.
(vii) Respondent No. 2, has filed Application under Section 439, 442 and 528 of Bhartiya Nagrik Suraksha Sanhita, 2023, bearing No. CRR 2207 of 2025 pending before High Court of Calcutta.
(viii) Respondent No. 2 has filed Quashing Petition u/s 482 of Cr.P.C. bearing No. CRR 2396 of 2024 before pending before High Court of Calcutta.
4. Whereas Hon'ble Supreme Court vide Order dated 24.04.2025 in Transfer Petition (Criminal) No. 317 of 2024 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 02.05.2025, 09.05.2025, 15.05 2025, 23.05.2025, 26.05.2025, 29.05.2025, 08.07.2025, 16.07.2025, 06.08.2025, 25.08 2025, 28.08.2025 (physical and virtual both) and today i.e. 02.09,2025 (physically for signing of the present Settlement 4 Agreement).
5. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent :-
A That the Respondent No 2-husband has paid to the Respondent No 1-wife a total sum of Rs.6,75,000/- (Rupees Six Lakhs and Seventy Five Thousand Only) by handing over the Demand Draft bearing No. 514278, ICICI Bank in the name of Respondent No.1, Tulika Lath, towards full and linal settlement towards all her past, present and future claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever.
B. In compliance of the Mutual Settlement the parties have handed over the personal belongings to each other as mentioned herein below.
a. Items handed over to Respondent No.2 by Respondent No.1 are as follows 1 piece gold chain (4 Tola) 4 Piece Silver Com (10 Gram each) 1 Piece Diamond Necklace 1 Full Gold Jewellery Set (Necklace + 1 Pair Bangle + 1 Pair Earring + 1 Ring) 1 Pair Gold Earring 1 Piece trolly bag 1 piece air bag 7 piece suit 1 piece saree + Bangles
b) Items handed over to Respondent No.1 by Respondent No. 2 are as follows 4 Piece silver coin (10 gram each) 1 Pc Gold Ginni (5 Gm) 3 Polki Set 1 Diamond Ring 1 Gold Chain 13 gm 1 Wrist Watch 1 Pc Dushala 1 Pc Carpet 5 6 Dabba X 2 Pcs = 12 Pcs Silver Fruit Set 1 Pc Silver Jug Set 1 Pc Silver Arta Thali Set 16 Pcs Silver Coin packed 7 Pc Silver Sindoor Dani 6 Saree 2 Gown 1 Suit 2 Bedsheet 3 Pant Shirt Set 1. Chunari 1 Trolley Bag C. It is agreed between the parties that they will move an application jointly before the Hon'ble Supreme Court under Article 142 of Constitution of India for invoking inherent powers of the Hon'ble Supreme Court praying for divorce by mutual consent are staying separately since 01 September, 2020 i.e. for the last more than five years and there is irretrievable break down of the marriage and withdrawal of all the pending cases filed by the parties against each other or their family members as parties.
D. The Parties have read the contents of the joint application to be filed Under Article 142 of the Constitution and have signed the affidavits thereto for filing of the same before the Hon'ble Supreme Court after signing of this agreement.
E It is further agreed between the parties that the parties will not initiate any other legal action or complaint against each other or against the family members of each other in respect of their matrimonial dispute in future.
F It is specifically agreed between the parties that any other complaint/litigation which may have been instituted by them which may not be 6 mentioned in the present Settlement Agreement and which may not be known to one or the other party shall also be deemed to be withdrawn upon signing of the present Settlement Agreement.
G. 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 on 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 of against the family members and friends of either party shall stand withdrawn unequivocally upon the signing of the present Settlement Agreement.
6. 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 in presence of their respective counsels/advocates and they have understood the contents of the same in its true letter and spirit.
7. That subject to the aforesaid terms of the parties have resolved all the disputes amicably in relation to the marriage and have been left with no claims against each other or their respective family members.
8.That by signing this Agreement the parties hereto solemnly state and affirm that they have no further claim or demands against each other including maintenance, or any movable or immovable property and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation.
9. The parties undertake to abide by the terms and conditions set out in the above mentioned Settlement Agreement, which have been arrived with free will of the parties without any coercion, duress or collusion and parties undertake not to raise any dispute whatsoever henceforth.
710. The contents of this settlement - agreement have been explained to all the parties through their respective counsels and they have understood the same.”
5. We have taken the Joint Application and Settlement Agreement dated 19.09.2025 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. Tulika Lath, Respondent No. 1 and Mr. Sanket Choudhary, Respondent No. 2, 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 12.12.2019 stands dissolved by a decree of divorce by mutual consent.
7. We further direct that the following cases pending between the parties before the courts below stand disposed of in terms of the consent terms recorded in our order :
(i) Divorce petition bearing HMA No. 1551/ 2021 pending before the Ld. Addl. District Judge, Serampore Court, District Hooghly West Bengal seeking dissolution of marriage.
(ii) Case No. MC460/2023 before Judicial Magistrate II at Serampore Court District Hooghly, West Bengal.
(iii) Case No. MC296/2023 before Judicial Magistrate III at Serampore Court District Hooghly, West Bengal.
(iv) FIR bearing No. 41 of 2022 P.S. Rishra, West Bengal Under Section 498 A, 406, 120B of IPC and Section 3 & 4 of D.P. Act, 1961, pending before Judicial Magistrate IV at Serampore Court District Hooghly, West Bengal.8
(v) Maintenance Case bearing No. MC132/2022, Under Section 125 of Cr.P.C pending before Judicial Magistrate IV at Serampore Court District Hooghly, West Bengal.
(vi) Misc. Execution Petition bearing Misc.
Execution Case No. 14 of 2025 pending before Judicial Magistrate IV at Serampore Court District Hooghly, West Bengal.
(vii) Application under Section 439, 442 and 528 of Bhartiya Nagrik Suraksha Sanhita, 2023, bearing No. CRR 2207 of 2025 pending before High Court of Calcutta.
(viii) Quashing Petition u/s. 482 of Cr.P.C. bearing No. CRR 2396 of 2024 before pending before High Court of Calcutta.
8. Copy of this order shall be sent to the respective Courts as mentioned in the above Paragraph for follow up action.
9. In view of the above, Transfer Petition and Joint Application being IA No. 248009 of 2025 are disposed of. The Registry will draw a decree in the aforesaid terms.
10. It is further directed that the parties shall abide by the terms of this settlement implicitly.
11. Pending applications(s), if any, are disposed of.
…………………………………………………………………………J. [PAMIDIGHANTAM SRI NARASIMHA] …………………………………………………………………………J. [ATUL S. CHANDURKAR] NEW DELHI;
OCTOBER 09, 2025
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ITEM NO.1 COURT NO.7 SECTION II-B
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)(Criminal) No(s). 317/2024 ASHA CHAUDHARY Petitioner(s) VERSUS TULIKA LATH & ANR. Respondent(s) IA No. 248009/2025 - PASSING APPROPRIATE ORDER OR DECREE UNDER ARTICLE 142 OF THE CONSTITUTION IA No. 29487/2025 - PERMISSION TO APPEAR AND ARGUE IN PERSON IA No. 80738/2024 - STAY APPLICATION Date : 09-10-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ATUL S. CHANDURKAR For Petitioner(s) : Ms. Radhika Gautam, AOR For Respondent(s) : Mr. Sandeep Malik, Adv.
Mr. Neeraj Jha, Adv.
Mr. Amit, AOR Mr. Ravi Bharuka, AOR Mr. Shashank Chamoli, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. The Transfer Petition is disposed of in terms of the signed order.
2. Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (NIDHI WASON) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)