Supreme Court - Daily Orders
Gopika Arun Aeri vs Arun Aeri on 24 September, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CIVIL) NO(S). 3013/2024
GOPIKA ARUN AERI Petitioner(s)
VERSUS
ARUN AERI Respondent(s)
O R D E R
1. The petitioner-wife has filed the petition 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 the case, details of which are as under:
“Petition No. A/1345/2024 titled as “Arun Aeri Vs. Gopika Arun Aeri” pending before the Principal Judge, Family Court, Bandra, Mumbai to the Court of Principal Judge, Family Court, Jammu District Court in Jammu and Kashmir”
2. During the pendency of aforesaid transfer petition, the parties were referred to the Supreme Court Mediation Centre vide order dated 03.03.2025. 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 22.08.2025 which has been signed by Signature Not Verified Digitally signed by both the parties, their respective counsel and the Mediator, Jayant Kumar Arora Date: 2025.10.11 12:21:35 IST Reason: copy of which has been filed by the Supreme Court Mediation Centre.
23. Learned counsel for the parties has filed a joint application being IA No. 241655 of 2025 with the following prayers:
“Allow the present Application in terms of the settlement agreement dated 22.08.2025 by granting a decree of Divorce by Mutual Consent to the Applicants and quash the cases between the parties referred in para 11 of the application in exercise of Power U/A 142 of the Constitution of India”
4. Further, the terms and conditions and the relevant paragraphs as set out in Settlement Agreement dated 22.08.2025 are as under:
“SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Petitioner – Ms. Gopika Arun Aeri Aged 38 years W/o Mr. Arun Aeri R/o H. No. 72/4, Sarika Nagar Gold, Panjpeer, Talab Tillo, Jammu (here in after referred to as Petitioner – Wife) and Mr. Arun Aeri, age 40 years S/o Shri Naresh Kumar Sharma, R/o A-203, Sheth Montana CHS Ltd., Vasant Oscar, Mulund West, Mumbai, Maharashtra, Permanent R/o 179, Aman Nagar, Tanda Road, Jalandhar, Punjab (here in after referred to as Respondent – Husband), on this the 22nd day of August, 2025 at New Delhi.
1. Whereas the marriage between the petitioner Wife and respondent Husband was solemnized as per Hindu rites and ceremonies on 04/12/2011 3 at Jammu. After marriage parties resided together at Gurgaon, Haryana and Chandigarh and there is one child from this wedlock named Advik Aeri aged 12 years currently residing with mother.
2. Both the parties resided together as husband and wife till 11/10/2019 and thereafter disputes and differences arose between the parties since then she is staying with her parents at Jammu. The Respondent Husband filed divorce petition A / 1345 / 2024 before the Family Court Bandra, Mumbai, Maharashtra seeking dissolution of marriage u/s 13 (1) HMA.
3. Whereas the Parties have filed following cases against each other:
S. Particulars of Case, Cause Details of Court No. title etc. before whom Pending
1. Matrimonial Case 7231 / Principal Judge, 2019 Family Court, Jammu Case No. 753 / 2019 U/s 13 HMA, 1955 CRN No. JKJM020074202019 Gopika Aeri Vs Arun Aeri
2. D.V Act 2550/2019 Chief Judicial CRN No. JKJM030079502019 Magistrate, Jammu U/s 12 of J & K Protection of Women from DVA, 2010 Gopika Aeri Vs Arun Aeri & Others 4
3. CRN No. JKJM020045262020 Principal Judge, U/s 25 Guardian Wards Act Family Court, Jammu Matrimonial Case / Civil / 486 / 2020 Arun Aeri Vs. Gopika Aeri
4. CRN No. MHFC10035662024 Principal Judge, U/s 13 (1) (ia) & 13 (1) Family Court, Mumbai
(b) HMA, 1955 at Bandra, Petition A / 1345 / 2024 Maharashtra Arun Aeri Vs Gopika Aeri
4. Whereas Hon’ble Supreme Court vide Order dated 14.07.2025 in Transfer Petition (C.) No. 3013 of 2024 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 26.07.2025, 03.08.2025, 06.08.2025 (by virtual conference) and today i.e. 22.08.2025 (physically for signing of the present Settlement 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 parties have agreed that the Respondent - husband will pay to the Petitioner
- wife a total sum of Rs. 17,00,000/- (Rupees Seventeen Lakhs Only) towards full and final one time settlement of all her claims towards her permanent alimony, Stridhan, maintenance 5 (past, present, future) and there shall be no other claim whatsoever in future.
B. It is agreed between the parties to jointly request this Hon’ble Court to pass direction for grant of divorce by mutual consent as parties are staying separately since 11.10.2019 i.e. for the last more than five years and there is irretrievable break down of the marriage, and quashing of all Criminal and Civil cases filed by them against each other as enlisted in Para No. 3. Or if directed 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 the above.
C. It is agreed that the Respondent – husband will pay to the Petitioner – wife a total sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) via RTGS /NEFT on the date of signing of this agreement. And remaining Rs. 12,00,000/-
(Rupees Twelve Lakhs Only) will be paid in three equal instalments as per payment plan below:
On or Rs. By RTGS
before 4,00,000/- /NEFT /
22/09/2025 (Rupees Four Demand
Lakhs Only) Draft in
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On or Rs. the account
before 4,00,000/- of the
22/10/2025 (Rupees Four Petitioner.
Lakhs Only)
On or Rs.
before 4,00,000/-
22/11/2025 (Rupees Four
Lakhs Only)
D. CUSTODY: It is agreed between the parties
that the Petitioner – wife will have the Sole Custody of the minor Child Master Advik Aeri aged 12 years.
E. VISITATION RIGHTS: It is agreed between the parties that the Respondent Husband shall have Visitation Rights of the Child. The husband will call / video call the child on (once a week preferably Sunday) during Non – School Hours.
F. It is agreed between the parties that the Child will have unfettered access to his father and the mother will not create any encumbrance with the child’s access.
G. It is agreed between the parties that the Child will interact with his paternal grandparents in the presence of his father and mother.
H. It is agreed between the parties that 7 under no circumstances the child will be fed with negative content against the other parent or their families. The child will be encouraged to have a healthy relationship with both parents and their respective families. The child will also have access to all of them.
I. It is agreed between the parties that during summer / winter or any other vacations the father / visiting parent may take the child for vacation trip, however in case the child is desirous of being accompanied by both the parents then the father / visiting parent will make arrangements for the mother / custody parent’s lodging, boarding etc. J. It is agreed between the parties that the father / visiting parent is at liberty to send gifts to the child and the mother / custody parent will not object to the same however, the father / visiting parent may consult the mother / custody parent before sending the gift.
K. It is agreed between the parties that the belonging of the Petitioner Wife will be returned by the Respondent Husband which is at present in the lying at the house of the Respondent Husband in Jalandhar, Punjab etc., which will be sent by the Respondent Husband to the Petitioner Wife at her residence in Jammu.
L. It is agreed between the parties that the 8 documents such as passport, educational certificates etc. belonging to the Petitioner Wife and the minor child, will be returned by the Respondent Husband which is at present in the lying at the house of the Respondent Husband in Mumbai, Maharashtra. The same will be sent by Courier / By hand to the Petitioner wife latest by October, 2025.
6. That the Petitioner and the Respondent have agreed that none of them will 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.
7. That subject to the aforesaid terms, 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 claims 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 9 with free will of the parties without any coercion, duress or collusion and parties undertake not to raise any dispute whatsoever henceforth.
10. 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 22.08.2025 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. Gopika Arun Aeri (petitioner-
wife) and Mr. Arun Aeri (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 04.12.2011 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 :
S. No. Particulars of Case, Cause Details of Court title etc. before whom Pending
1. Matrimonial Case 7231 / 2019 Principal Judge, Case No. 753 / 2019 Family Court, Jammu U/s 13 HMA, 1955 10 CRN No. JKJM020074202019 Gopika Aeri Vs Arun Aeri
2. D.V Act 2550/2019 Chief Judicial CRN No. JKJM030079502019 Magistrate, Jammu U/s 12 of J & K Protection of Women from DVA, 2010 Gopika Aeri Vs Arun Aeri & Others
3. CRN No. JKJM020045262020 Principal Judge, U/s 25 Guardian Wards Act Family Court, Jammu Matrimonial Case / Civil / 486 / 2020 Arun Aeri Vs. Gopika Aeri
4. CRN No. MHFC10035662024 Principal Judge, U/s 13 (1) (ia) & 13 (1) (b) Family Court, Mumbai HMA, 1955 at Bandra, Maharashtra Petition A / 1345 / 2024 Arun Aeri Vs Gopika Aeri
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. 241655 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] 11 …………………………………………………………………………J. [ATUL S. CHANDURKAR] NEW DELHI;
SEPTEMBER 24, 2025
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ITEM NO.4 COURT NO.7 SECTION IX
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). 3013/2024
GOPIKA ARUN AERI Petitioner(s)
VERSUS
ARUN AERI Respondent(s)
IA No. 258712/2024 - EXEMPTION FROM FILING O.T. IA No. 258711/2024 - STAY APPLICATION Date : 24-09-2025 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) : Mr. Amit Verma , AOR For Respondent(s) : Mr. Ashutosh Thakur, AOR Mr. Chinmay Kumar, Adv.
Mr. Sachin Gupta, Adv.
Mr. Amit Kumar, 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 COURT MASTER (Signed order is placed on the file)