Supreme Court - Daily Orders
Jagriti Sharma vs Saurabh Nandan Sharma on 23 July, 2025
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.1971/2025(@Diary No.22789/2024)
JAGRITI SHARMA Petitioner(s)
VERSUS
SAURABH NANDAN SHARMA Respondent(s)
O R D E R
1. Delay condoned.
2. Exemption Application is allowed.
3. We are informed by the learned counsel appearing for the parties that their clients have been able to resolve the dispute before the Supreme Court Mediation Centre.
4. The Settlement Agreement dated 25-4-2025 has been reduced into writing duly signed by the parties, their respective counsel and the learned Mediator, Supreme Court Mediation Centre.
5. The terms of the Settlement read thus:-
“SETTLEMENT AGREEMENT This Settlement Agreement is executed at New Delhi on 25th day of April 2025 Between Ms. Jagriti Sharma, D/o Dan Bihari Lal Sharma Resident of 36,37, Joshi Niwas, Gopi Nath Bazar, Vrindavan, Mathura, Uttar Pradesh, Aadhar No. 4610 8095 6486, Mob. 7078328104, E-mail: [email protected] , hereinafter referred as the First Party.
AND Signature Not Verified Digitally signed by VISHAL ANAND Date: 2025.07.24 18:42:42 IST Reason: Mr. Saurabh Nandan Sharma, S/o Shri Laxmi Nandan Sharma, Resident of 5/32 Gajju Katra, Shahadra, East Delhi - 110032, Aadhar No. 4350-6832- 1120 Mob. No.+91-9319147496, E-mail:
[email protected] , hereinafter referred as the Second Party.2
WHEREAS, the Parties hereto got married on 30.01.2015 at 36- 37, Joshi Niwas, Gopi Nath Bazaar, Vrindavan, Uttar Pradesh. Their marriage was solemnized as per Hindu rites and rituals. Both parties resided together as Husband and Wife till 02.05.2015. A boy child by the name of master Navyansh was born on 10.12.2015 from this marriage. Due to the irreconcilable differences between the Parties, they started living separately with their respective parents effectively from 02.05.2015. Since the time First Party has left her matrimonial home, custody of master Navyansh has been with the First Party.
WHEREAS this Hon'ble Court vide its order dated 23.01.2025 was pleased to refer the matter to Mediation Centre, Supreme Court of India, New Delhi to conduct mediation. The effective portion of the said order reads as under:
"1. We take notice of the fact that the marital life of the parties is just about four months.
2. In such circumstances, there is no point in wasting time in such type of litigation. Parties to sit together and part ways honorably. "
WHEREAS comprehensive mediation sessions were conducted by Ms. Nina Gupta, Mediator in virtual mode with the Parties and their respective Advocates separately and jointly on 04.02.2025, 06.03.2025, 04.04.2025, 09.04.2025 and physically on 25th April 2025. With the efforts of counsel for the Parties and indulgence of the Mediator, the Parties have arrived at an amicable settlement on the following terms and conditions:
1. Both the Parties viz Ms. Jagriti Sharma and Mr. Saurabh Nandan Sharma hereto confirm and declare that they have decided not to live as husband and wife and have arrived at this Settlement at their free will without any pressure, force or coercion in the presence of the Mediator and their respective Advocates.
2. Both the Parties have agreed not to live together and hence agree to jointly request the Hon'ble Supreme Court to exercise its powers/ jurisdiction under Article 142 of the Constitution of India to pass decree of divorce between them without relegating the Parties to the Trial Court to withdraw all cases filed by them against each other.
3. That the following cases are pending between the parties:
Cases filed by Ms. Jagriti Sharma 3
(i) Transfer Petition (Civil) Diary No.: 22789/ 2024 before the Hon 'ble Supreme Court of India.
(ii) Case No. 952 of 2023 for Maintenance before the Court of Ld. Principal Judge, Mathura, Uttar Pradesh
(iii) Complaint under Section 498A of IPC and the same is pending investigation with concerned Police authorities at Mathura, Uttar Pradesh.
(iv) Complaint Case no 3010 of 2023 before the Court of Judicial Magistrate-07, Mathura, Uttar Pradesh under The Protection of Women from Domestic Violence Act, 2005 Cases filed by Mr. Saurabh Nandan Sharma.
(i) HMA No. 1369/2024 i.e., a Divorce Petition under section 13 (1) (ia) and (ib) of Hindu Marriage Act 1955 before the Court of Ld. Principal Judge, Family Court, Shahdara, Karkardooma Courts, Delhi.
Any other pending cases/complaints (Civil or Criminal) against either Parties, if any.
4. Both the Parties have entered into a full and final Settlement/ Agreement in respect to the above-mentioned cases, dissolution of marriage and other claims of the First party or the minor child master Navyansh on the following terms & conditions:
(I) Dissolving their marriage by a decree of divorce by mutual consent subject to one-time lumpsum payment of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) by the Second Party to the First Party towards full and final settlement of claim for maintenance (past, present and future), Istridhan, or any other claim (either made in past or intended to make in future) of the First Party and their Son master Navyansh. The First Party further covenants and agrees that upon payment of the aforesaid amount of Rs. 20,00,000/- by the Second Party to the First Party, no further claim shall survive and be made by First Party or by master Navyansh or by any other family member or representative of the First Party against the Second Party or his family members. The Second Party has requested for a period of 6 weeks from the date of signing of the agreement to arrange the abovementioned funds. Therefore, the said sum of Rs. 20,00,000/-
(Rupees Twenty Lakhs Only) shall be paid by Second Party to the First Party by way of demand draft of the said amount before the Hon'ble Supreme Court when the 4 present Transfer Petition is listed after the reopening of the Court in July, 2025.
(II)(a)However, if the Hon'ble Supreme Court does not dissolve the marriage by mutual consent by exercising its power under Article 142 of Constitution of India and quash/dispose the cases mentioned in para 3 of the present Agreement, then the First Party and Second Party undertake to withdraw their respective cases as mentioned in para 3 above pending before the respective Courts, within four weeks after the disposal of the Transfer Petition before the Hon'ble Supreme Court. Further, in such an eventuality both the Parties undertake to file a fresh petition for divorce by mutual consent (First Motion) under Section 13-B (1) of the Hindu Marriage Act 1955 before the Competent Court at Mathura, U.P. within 4 weeks of the date of Order of the Hon'ble Supreme Court, and both Parties agree and undertake to be present in the appropriate Court for the recording of their respective statements during both, the First Motion as well as the Second Motion.
II(b) In the eventuality as mentioned in para II(a) above the Second Party shall pay the amount of Rs. 20 lakhs by handing over a Bank Draft for the said amount to the Second Party before the Court at the time of disposal of the Transfer Petition by the Hon'ble Supreme Court and both Parties shall undertake before the Hon 'ble Supreme Court that they would cooperate and present themselves for adjudication of Petition under Section 13B (1) of Hindu Marriage Act 1955 and thereafter at the time of motion under Section 13B (2) of Hindu Marriage Act.
(III) Both Parties agreed that in the event that the present matter is not listed before the Hon'ble Court till the third week of July 2025, Advocates of both the Parties shall jointly mention the matter before the Hon'ble Court with a request for having the same listed on an early date for disposal of all pending cases in terms of this Settlement/ Agreement.
(IV) The Second Party has agreed that the custody of the child viz. master Navyansh shall always remain with the First Party and that the Second Party shall never claim custody of the said child.
(V) The Second Party has agreed that he would never claim any visitation rights in respect of visiting or meeting with child any time in future.
55. At the time of the disposal of this Transfer Petition, both Parties agreed to pray before the Hon'ble Supreme Court to invoke its powers under Article 142 of the Constitution of India and dispose of all the pending cases, complaints and petitions including but not limited to those enlisted in para 3 above, filed inter-alia, by the Parties, or their relatives or friends against each other and, if any, known or unknown as against their family members or relatives or friends as unconditionally withdrawn to avoid all present and future litigation. In case any other case is found to be pending at the instance of either of the party, the said party shall withdraw the same.
6. Both the Parties henceforth in good faith undertake and agree that they take back all allegations as may be made against each other till date and furthermore in future will not level allegations of any kind against each other and their family members either by word of mouth or electronically on the internet including but not limited to any social networking websites such as Facebook, WhatsApp, Instagram, Twitter etc. directly or indirectly, through the people known/ related to them and/ or print media and electronic media etc. Both the Parties also agree and undertake not to convey anything by spoken/ written words against each other as well as their respective families.
7. Both Parties also undertake not to use or make public in any manner whatsoever any correspondence that they may have had with each other including but not limited to call-recordings, SMSs, Emails, WhatsApp Chats, Facebook post etc. and not to use any such material that they may have in their possession in future.
8. The Parties undertake to abide by the terms and condition as set out herein above, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth and are bound by the aforesaid terms and conditions.
9. It is agreed between the Parties that in case any of the Party violates the terms and conditions of this Settlement Agreement, the aggrieved party is free to avail the legal remedies in accordance with law.
10. That the contents of this Settlement Agreement have been read by the Parties and contents of the same have been explained to them by their respective Advocates in the presence of the Mediator in vernacular language i.e., Hindi and both the Parties have agreed and understood the same and have accordingly voluntarily with their free will affixed their respective signatures today i.e. on 25th day 6 of April 2025 on this Settlement Agreement in presence of the Mediator and their respective Advocates, to authenticate their will to comply with the same as agreed above.
11. Both the Parties further agree that while carrying out the above said stipulations no Party should take advantage of its own.”
6. The parties are directed to abide by the terms and conditions of the settlement.
7. In terms of the said settlement, a demand draft of the amount of Rs.20,00,000/- drawn in favour of the petitioner – wife, which is being handed-over in the open Court todayby the learned counsel appearing for the respondent – husband to the learned counsel appearing for the petitioner - wife.
8. In terms of the said settlement, the marriage between the parties stands dissolved in exercise of our jurisdiction under Article 142 of the Constitution.
9. The Registry shall draw a decree accordingly in terms of the settlement.
10. The original Agreement of Settlement shall be kept with the record of the case.
11. All proceedings between the parties, civil and criminal stand terminate.
12. The Transfer Petition stands disposed of accordingly.
713. Pending application, if any, stand disposed of …………………………………………J (J.B. PARDIWALA) …………………………………………J (R. MAHADEVAN) NEW DELHI 23RD JULY, 2025.
8ITEM NO.1 COURT NO.9 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 (CIVIL) Diary No.22789/2024 JAGRITI SHARMA Petitioner(s) VERSUS SAURABH NANDAN SHARMA Respondent(s) [MEDIATION REPORT RECEIVED] (IA No. 174325/2024 - CONDONATION OF DELAY IN REFILING TP, IA No. 174322/2024 - EX-PARTE STAY & IA No. 174324/2024 - EXEMPTION FROM FILING O.T.) Date : 23-07-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) :
Mr. Varad Dwivedi, Adv.
Mr. Deepak Singh, AOR Ms. Sukriti Chauhan, Adv.
Ms. Radha Gupta, Adv.
Ms. Pratima Singh, Adv.
Ms. Hitaishi Tulsian, Adv.
For Respondent(s) :
Mr. Prashant Bhardwaj, AOR Mr. Aditya Pratap Singh, Adv.
Mr. Rishi Bharadwaj, Adv.
Mr. Rahul Mehalwal, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. The Transfer Petition stands disposed of, in terms of the signed order.
2. Pending applications, if any, also stand disposed of.
(VISHAL ANAND) (POOJA SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed Order is placed on the file)