Supreme Court - Daily Orders
Nisha Sah vs Brijesh Prasad @ Prasad Brijesh ... on 6 November, 2025
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(Civil) No.2011/2024
NISHA SAH Petitioner(s)
VERSUS
BRIJESH PRASAD @ PRASAD BRIJESH RAVINDRA Respondent(s)
WITH
Diary No.3057/2025 AND Diary No.3074/2025
O R D E R
1. The parties have been able to arrive at an amicable settlement before the Supreme Court Mediation Centre.
2. The Settlement Agreement dated 2-8-2025 has been reduced into writing duly signed by the parties, their respective counsel and the learned Mediator, Supreme Court Mediation Centre.
3. The Settlement Agreement reads thus:-
“SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Petitioner- Ms. Nisha Sah W/o Mr. Brijesh Prasad D/o. Sh. Shashi Kumar Sah, R/o Mangal Sah chowk, Dalsinghsarai, District- Samastipur, Bihar 848114 (here in after referred to as Petitioner-Wife) and Mr. Brijesh Prasad S/o Shri Ravinder Prasad H/o Mrs. Nisha Sah, R/o 576, Second Floor, Guru Ram Das Nagar, Gali No.3, Laxmi Nagar, Delhi-110092. (here in after referred to as Respondent- Husband).
Whereas the marriage between the petitioner and respondent husband was solemnized as per Hindu rites and ceremonies on 28.06.2023 at Janak puri Delhi. There is no issue Signature Not Verified out of this wedlock.Digitally signed by VISHAL ANAND Date: 2025.11.08
1. Both the parties resided together as husband and wife 12:04:20 IST Reason: till December 2023, and thereafter disputes and differences arose between the parties and since then she is staying with her parents at Samastipur Bihar.2
Whereas the Parties have filed following cases against each other:-
(i) Petitioner wife has filed a Ct. case No. 5/2024 under section 498 under Section 498 A, 323, 342, 506, 406, of IPC and under section 3 and 4 of Dowry Prohibition Act. Which is pending in the court of JMFC Dalsinghsarai, District- Samastipur, Bihar.
(ii) Petitioner wife has filed Mt. No. 82/2024 under section 125 of Cr.P.C. which is pending in before Principal Judge Family Court-ii Samastipur, Bihar.
(iii) Respondent’s mother Rekha Devi has filed Case under D.V. Act vide Ct No. 510/2025 pending in JMFC Mahila Court 01 East, Karkardooma, Delhi as Rekha Devi Vs Nisha Sah before the Hon’ble Judicial Magistrate.
(iv) Respondent has filed Petition under section 482 Cr.P.C. in Hon’ble High Court of Judicature at Patna in CR.MISC. 69543 of 2024 as Shri Brijesh Prasad @ Prasad Brijesh Ravindra vs. State of Bihar and Ors.
(v) Respondent’s mother Rekha Devi has filed a Civil Suit No. 64 of 2023 before Principal Judge Family Court East, Karkardooma as Rekha Devi Vs Nisha Sah.
(vi) Respondent has filed Transfer Petition (Crl.) Vide Diary. No. 3057/2025 and another Transfer Petition (Crl.) Vide Diary No. 3074/2025 Before Supreme court of India, seeking Transfer of Crl. Cases from Samastipur to Delhi.
2. Whereas Hon’ble Supreme Court vide Order dated 13.11.2024 in Transfer Petition (C) No. 2011 of 2024 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 13.12.2024, 18.01.2024, 15.02.2025, 21.03.2025, 19.04.2025, 22.05.2025 (physical) and today i.e. 02.08.2025 (physically for signing of the present Settlement Agreement).
3. 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. 14,50,000/- (Rupees Fourteen Lakh Fifty Thousand Only) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever.
B. It is agreed between the parties that Respondent shall pay first instalment of Rs.4,50,000/- in Account no. 16262341000328, IFSC Code PUNB80640400, Punjab National Bank, Dalsinghsarai, District- Samastipur, Bihar in the name of Nisha Kumari by way 3 of RTGS/Bank Transfer on or before 30.08.2025, second instalment of Rs. 5,00,000/- in Account no. 16262341000328, IFSC Code PUNB80640400, Punjab National Bank, Dalsinghsarai, District- Samastipur, Bihar in the name of Nisha Kumari by way of RTGS/Bank Transfer on or before 30.09.2025, third instalment of Rs. 5,00,000/- in Account no. 16262341000328, IFSC Code PUNB80640400, Punjab National Bank, Dalsinghsarai, District- Samastipur, Bihar on or before 30.10.2025.
C. Thereafter both parties 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 as parties are staying separately since December 2023 i.e. for the last more than one year and there is irretrievable break down of the marriage.
4. 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.
5. 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.
6. 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.
7. 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.
8 The contents of this settlement - agreement have been explained to all the parties through their respective counsels and they have understood the same.”
4. The parties are directed to abide by the terms and conditions of the settlement agreement without fail.
5. In accordance with the terms and conditions of the Settlement Agreement, the respondent – husband has paid a total sum of 4 Rs.14,50,000/- (Rupees Fourteen Lakh and Fifty Thousand only) towards full and final settlement to his wife, i.e.,the petitioner.
6. In such circumstances, referred to above, the marriage between the parties stands dissolved in exercise of our jurisdiction under Article 142 of the Constitution.
7. The Registry shall draw a decree accordingly.
8. The original Settlement Agreement shall be kept with the record of this case.
9. All proceedings between the parties, civil and criminal, stand terminated.
10. With the aforesaid, the Transfer Petition stands disposed of.
11. Pending application, if any, stand disposed of Diary No.3057/2025 AND Diary No.3074/2025 :-
1. Delay condoned.
2. In view of disposal of the Transfer Petition filed by the petitioner – wife, nothing remains in the above-mentioned Transfer Petitions which have been filed by the husband.
3. The Transfer Petitions are also disposed of.
…………………………………………J (J.B. PARDIWALA) …………………………………………J (K.V. VISWANATHAN) NEW DELHI 6TH NOVEMBER, 2025.
5ITEM NO.2 COURT NO.8 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) No.2011/2024
NISHA SAH Petitioner(s)
VERSUS
BRIJESH PRASAD @ PRASAD BRIJESH RAVINDRA Respondent(s)
[MEDIATION REPORT ALONG WITH SETTLEMENT AGREEMENT RECEIVED] (IA No. 168655/2024 - STAY APPLICATION) WITH Diary No.3057/2025 (II-A) (IA No. 107068/2025 - CONDONATION OF DELAY IN REFILING & IA No. 107067/2025 - STAY APPLICATION Diary No.3074/2025 (II-A) (IA No. 142922/2025 - CONDONATION OF DELAY IN REFILING & IA No. 142923/2025 - STAY APPLICATION) Date : 06-11-2025 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) :
Mr. Rakesh Chander Agrawal, Adv. Mr. Kartik Kumar Aggarwal, Adv. Mr. Shivansh Aggarwal, Adv. Mr. Rohit Lochav, Adv. Mr. Vikrant Narayan Vasudeva, AOR Mr. Arindam Gupta, Adv. Mr. Shah Mohd, Adv.
Mr. Atishi Dipankar, AOR Mr. Amit Dubey, Adv.
Mr. Anurag Dubey, Adv. Mr. Sarthak Dubey, Adv. Mr. Rishabh Rai, Adv.
Ms. Aayushi Singh, Adv. Ms. Nikita Motwani, Adv. For Respondent(s) :
Mr. Rakesh Chander Agrawal, Adv. Mr. Kartik Kumar Aggarwal, Adv. Mr. Kapil Kumar, Adv.
Mr. Vikrant Narayan Vasudeva, AOR 6 UPON hearing the counsel the Court made the following O R D E R The Transfer Petitions are disposed of, in terms of the common signed order.
(VISHAL ANAND) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Common Signed Order is placed on the file)