Supreme Court - Daily Orders
Swagata Das Deb vs Kaushik Deb on 19 December, 2025
Author: J.K. Maheshwari
Bench: J.K. Maheshwari
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 447 OF 2024
SWAGATA DAS DEB …. PETITIONER
VERSUS
KAUSHIK DEB …. RESPONDENT
ORDER
1. The present petition was filed by the petitioner (wife) seeking transfer of Case No. T.S. (Divorce) 218 of 2023 titled as “Sri Kaushik Deb Vs. Smt. Swagata Das Deb” pending before the Court of Addl. Judge, Family Court, Agartala, West Tripura filed by the Respondent-husband, in the Family Court, Barasat, North 24 Pargana, West Bengal.
2. With the consent of both the parties, the matter was referred to the Supreme Court Mediation Centre vide order dated 13.02.2025. The Mediation remained successful, and a settlement agreement dated 05.05.2025 was produced by the Supreme Court Mediation Centre which is reproduced hereunder: -
Signature Not VerifiedSETTLEMENT AGREEMENT Digitally signed by Gulshan Kumar Arora Date: 2026.01.08 16:25:18 IST Reason: “This Settlement Agreement is entered into between Petitioner- Mrs. Swagata Das Deb, W/o Mr. Kaushik Deb D/o Shri Ganesh 2 Ch. Das R/o. 61/A, Uttarayan Barasat, Beside Nabarun Sangha, North 24 Pargana, West Bengal Pin-700124 (here in after referred to as Petitioner-Wife) and Mr. Kaushik Deb S/o Late Kajal Kr. Deb Residing at A.D. Nagar, Road No.6, Arundhutinagar, Charipara, Agartala, Tripura West-799003 (here in after referred to as Respondent-Husband).
1. Whereas the marriage between the petitioner-wife and respondent husband was solemnized as per Hindu rites and ceremonies on 16th July 2011 at AD Nagar Agartala, Tripura.
After marriage parties resided together at Tripura and there is one girl child namely ANVI SINGH DEB born on 18 AUGUST 2016 and one male child namely RYAN SINGH DEB, born on 3RD MAY 2012 out of this wedlock.
2. Both the parties resided together as husband and wife till 29.05.2023 and thereafter disputes and differences arose between the parties and since then she is staying with her parents at Barasat, West Bengal. The Respondent - husband filed T.S. (Divorce) Petition No. 218 of 2023 pending before Ld. Additional Family Judge, Agartala, West Tripura, seeking dissolution of marriage. Thereafter, the Petitioner-wife preferred the present Petition seeking transfer of the abovementioned case.
3. Whereas the Parties have filed following cases against each other:
I. Respondent - husband filed T.S. (Divorce) Petition No. 218 of 2023 pending before Ld. Additional Family Judge, Agartala, West Tripura.
II. Petitioner wife has filed Mat Suit No. 2034 of 2023 U/s 9 of the Hindu Marriage Act, 1955 pending before Ld. District Judge at Barasat.
III. Petitioner wife has filed C. Case No. 808 of 2024 U/s 12 of the Protection of Women from Domestic Violence Act, 2005 pending before North 24 Parganas in the Court of Ld. C.J.M. at Barasat.
IV. Petitioner wife has filed M Case No. 3184 of 2024 being an application U/s 125 of Cr.P.C. pending before North 24 Parganas in the Court of Ld. C.J.M. at Barasat.
4. Whereas Hon'ble Supreme Court vide Order dated 13.02.2025 in Transfer Petition (C) No. 447 of 2024 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 21.02.2025, 06.03.2025, 24.03.2025, 08.04.2025, 16.04.2025 (virtual/physical) and today i.e. 05.05.2025 3 (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. 25,00,000/- (Rupees Twenty Five Lakhs 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 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 as parties are staying separately 29.05.2023 i.e. for the last more than two and Half years and there is irretrievable break down of the marriage.
C. It is further agreed between the parties that if Hon'ble Supreme Court of India is pleased to allow application filed by both the parties under Article 142 of Constitution of India then both the parties shall withdraw all the cases filed by them. The Respondent-husband shall pay to the Petitioner-wife a total sum of Rs. 25,00,000/- (Rupees Twenty-Five Lakh Only) via Demand Draft in the Name of MS. SWAGATA DAS DEB. The Respondent - husband will pay amount of Rs. 25,00,000/- in 2 installments is as under: -
I. The Respondent -husband has paid first installment an amount of Rs. 14,00,000/- (Rupees Fourteen Lakh only) in favour of the Petitioner wife by way of demand draft No. 005292 for Rs. 7,00,000/- (Rupees Seven Lakhs Only) D.D. No. 004948 for Rs. 7,00,000/- (Rupees Seven Lakhs Only) at the time of signing the present Settlement agreement. A copy of the demand drafts are annexed with this Settlement agreement.
II. The Respondent -husband shall pay Second installment of Rs. 11,00,000/- (Rupees Eleven Lakhs only) in favour of the Petitioner wife by way of via Demand Draft / RTGS /NEFT before the date of filing of the Joint Application under 142 of the Constitution of India before the Hon'ble Supreme Court.
III. The Respondent husband shall bear whole the education expenses of both the Children namely Master Ryan Singh Deb and Miss. Anvi Singh Deb. It is specifically stated that the 4 Respondent Husband shall bear all other expenses of the said daughter Miss. Anvi Singh Deb including her marriage expenses.
IV. The Respondent Husband shall cause to transfer the Flat No. G- 404, Fourth Floor, having 23% super built-up area of 698 sqr. Feet in the building named Block-G, Type -A forming Part of the Complex named PUSHPAKALAY within ICCHAPORE NILGUNG Gram Panchayat, Mauza Sadarpur, J.L. No. 32 P.S. Barasat District Sub. Register Barasat, A.D.S.R.O, Kadambagachi, District North 24 Parganas, West Bengal.
V. That the Girl Child namely Miss. Anvi Singh Deb will stay with the Petitioner-wife and the Respondent Husband has visitation right to meet her at any time.
VI. That the male Child namely Master Ryan Singh Deb will stay with the Respondent-husband and the Petitioner-wife has visitation right to meet him at any time.
VII. The Respondent Husband shall pay the amount for monthly expenses of the Girl Child namely Miss. Anvi Singh Deb on or before 10th day of every month in bank account of Petitioner-wife.
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 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 agreed by the Parties, and both the parties are educated persons, and they 5 have understood the same.”
3. On 07.08.2025, this court had granted six weeks’ time to the parties to file the joint application for decree of divorce by mutual consent and pursuant to that, a joint application was filed on behalf of the parties. However, in the said joint application, visitation right of the parties with the children has not been specified and therefore, this court vide order dated 13.10.2025 granted time to the parties to file the joint affidavit specifying the visitation rights of the parties with the children. The petitioner has filed I.A. No. 274662 of 2025 specifying the visitation rights of the parties with children however, this Court vide order dated 31.10.2025 found the said arrangement regarding visitation of the parties with children as unreasonable and therefore, one month’s time was granted to the parties to file appropriate fresh application along with the Affidavit specifying the city and the place of meeting in detail with a schedule. Pursuant to the same, the parties have filed a joint application specifying the details with regard to the city and place of meeting in detail and the following arrangements have been specified:
“Custody Arrangement – The son shall reside with the father at the father’s house in Agartala, Tripura, and the daughter shall reside with the mother at the mother’s house in Barasat, West Bengal. Subject to the visitation rights stipulated herein. Both parents shall have reasonable visitation rights, with the welfare and best interests of the children being paramount.
I. Regular Visitation Daily video calls and phone calls between the children and 6 the non-residential parent.
II. Shared Holidays & Special Occasions Holiday and Occasions schedule:
a. Summer Vacation: The son shall stay with his mother and sister at the mother’s house in Barasat, West Bengal. b. Durga Puja Holidays: The sister shall stay with her father and brother at the father’s house in Agartala, Tripura. c. Kali Puja, Bhai Dooj, Rakhi: The brother shall stay with his mother and sister at the mother’s house in Barasat, West Bengal.
d. Brother’s Birthday: The sister shall stay at the father's house in Agartala, Tripura.
e. Sister’s Birthday: The brother shall stay at the mother's house in Barasat, West Bengal.
f. Other special occasions shall be mutually agreed upon.
III. Alternate Visitation Both children shall spend 5-7 days with each parent at their respective houses every two months on an alternating basis.
4. Transportation and costs-
a. The father shall receive the girl child from the mother at Kolkata Airport and see her off, and the mother shall receive the son from the father at Kolkata Airport and see him off, for the visitations.
b. The father shall bear all expenses related to the children’s stay, including travel, accommodation, and other necessities according to the settlement agreement.
c. The siblings have the right to love and affection from both parents. Regarding visitation schedules shall be maintained by both parents.
5. That the terms of visitation right as quoted hereinabove shall be considered as part of the settlement agreement dated 05.05.2025.
6. The mediation between the parties to the present proceeding thus succeeded with the intervention of the Supreme Court Mediation Centre.
7. In such view of the matter, it is most humbly submitted that it would be just, equitable and proper to dissolve the marriage in between the petitioner No. 1 and the petitioner No. 2 invoking the inherent jurisdiction of this Hon’ble Court under Article 142 of the Constitution of India as unless otherwise, the parties to the present proceeding would be exposed to prolonged miseries.
78. This application is made bona fide and in the interest of justice and in accordance with the terms agreed upon and/or recorded in paragraph 4 of the present application in addition of the mediated settlement agreement dated 05.05.2025 filed before the Supreme Court Mediation Centre.
9. Unless orders, as prayed for hereunder, are passed, both the parties to the present proceeding would suffer irreparable prejudice.
10. The present application is being jointly filed by the parties on their own will and volition and without being influenced or coerce or cajoled by any third party.
PRAYER A. The terms of visitation right as quoted hereinabove in Paragraph-4 of the instant application may be considered as part of the settlement agreement dated 05.05.2025; and/or B. The marriage in between the petitioner and the respondent solemnised under the Hindu Marriage Act, 1954 on 16.07.2011 be dissolved invoking the inherent jurisdiction of this Hon’ble Court under Article 142 of the Constitution of India as prayed for in IA No. 258701 of 2025; and/or C. Such other and/or further order or orders be passed and/or direction or directions be issued, as to the Hon’ble Court may deem fit and proper;”
4. We have heard the learned counsel for the parties and have also gone through the settlement agreement between the parties regarding the visitation rights of the parties with children and are satisfied with the terms of settlement. The petitioner is present in person along with her Advocate and the respondent has joined the proceedings through video conferencing (VC) along with his Advocate present in the Court. The petitioner-in-person verified about the terms of settlement and also verified that she has received the agreed amount as per the settlement.
5. In view of the foregoing, accepting the terms of the settlement and 8 as consented to by the parties, on their request in exercise of our jurisdiction under Article 142 of the Constitution, we grant the decree of divorce by mutual consent. Consequently, the marriage between the petitioner-wife and respondent-husband shall stand dissolved. By an outcome of the dissolution of marriage, the parties are free to lead their lives separately as per their own will. The settlement agreement dated 05.05.2025 arrived at between the parties shall form a part of this order. Ordered accordingly.
6. Decree sheet be prepared.
7. Information of this order to be sent to the courts concerned for necessary action.
8. The transfer petition stands disposed of.
9. Pending applications, if any, shall stand disposed of accordingly.
……………………J. (J.K. Maheshwari) ….……………….J. (Vijay Bishnoi) New Delhi.
19th December, 2025.
9ITEM NO.1 COURT NO.3 SECTION XV
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). 447/2024 SWAGATA DAS DEB Petitioner(s) VERSUS KAUSHIK DEB Respondent(s) [SETTLEMENT AGREEMENT RECEIVED] Date : 19-12-2025 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE VIJAY BISHNOI For Petitioner(s) : Ms. Reshmi Rea Sinha, AOR For Respondent(s) :Mr. Rajesh Sen, Adv.
Mrs. Shibani Bhattacharjee, Adv.
Mr. Shaveer Ahmed, AOR Mr. Shashi Kant Yadav, Adv.
Mr. Kamal Pundir, 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, shall stand disposed of.
(GULSHAN KUMAR ARORA) (NAND KISHOR)
DEPUTY REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)