Supreme Court - Daily Orders
Yogyata Bhardwaj vs Amar Kumar Sharma on 16 April, 2025
Bench: Vikram Nath, Sanjay Karol
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL ) NO. 742 OF 2024
YOGYATA BHARDWAJ ... PETITIONER(S)
Versus
AMAR KUMAR SHARMA ... RESPONDENT(S)
O R D E R
1. Heard the learned counsels appearing for the parties.
2. Both the parties, namely the petitioner-wife Ms. Yogyata Bhardwaj and the respondent-husband Mr. Amar Kumar Sharma, are present in person before this Court today. The Court has interacted with both parties, and their respective submissions have been heard.
3. The marriage between the parties was solemnized on 11th December 2018. Unfortunately, due to irreconcilable differences and the failure of all efforts towards amicable resolution of disputes, both parties have mutually agreed that it would be in their best interest to dissolve the marriage through mutual consent.
4. On the previous date of hearing, i.e., 27th March, Signature Not Verified 2025, this Court had passed the following order: Digitally signed by SONIA BHASIN Date: 2025.04.24 16:42:23 IST Reason:
“Learned counsel for the petitioner-wife, 1 upon instructions, states that the petitioner is agreeable for a dissolution of marriage. He has also submitted a rejoinder affidavit in Court. The same may be taken on record.
On the other hand, learned counsel appearing for the respondent-husband also states that the respondent-husband has also filed a petition for divorce, of which transfer is being sought from Family Court, Aligarh, Uttar Pradesh to Family Court, Karkardooma, Delhi.
It is thus apparent that both the parties are agreeable on dissolution of marriage.
Further, learned counsel for the petitioner-wife, upon instructions, has stated that the wife is not interested in any permanent alimony from the respondent- husband. She only wants her streedhan, which was given to her at the time of marriage, to be returned, for which a list of such items had been furnished before the courts below in some other proceedings. Let a copy of the same be provided to the learned counsel for the respondent-husband within a week.
List this matter again on 16.04.2025. On the said date, both the parties shall remain present before the Court.”
5. In compliance with the previous order, both parties have today submitted their respective lists of claimed items in open Court.
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6. Upon careful consideration and interaction with both parties, a comprehensive settlement has been arrived at and recorded in the following mutually agreed terms and conditions:
I. The Bank Locker bearing No. 1933 maintained with Corporation Bank/Union Bank of India, Branch Block B, Sector 62, Noida, Uttar Pradesh, which is currently held in joint names of the petitioner and the respondent, shall henceforth be transferred exclusively in the sole name of the petitioner-wife, Ms. Yogyata Bhardwaj. The respondent-husband, Mr. Amar Kumar Sharma, shall extend full and unconditional cooperation to effectuate the removal of his name from the said locker. This shall include appearing in person before the bank officials and signing all necessary documentation and declarations required by the bank for such deletion.
II. The motor vehicle bearing registration number UP-81-CB-3151, model Honda WRV, which is presently registered in the name of the respondent-husband, shall be transferred in the name of the petitioner-wife. The respondent-husband has agreed to execute all necessary forms and documents and to appear 3 before the concerned authorities, as and when required, to facilitate the completion of the ownership transfer in favour of the petitioner-wife.
7. It is reiterated that the petitioner-wife has expressly stated that she does not seek or claim any permanent alimony or lump-sum maintenance amount from the respondent-husband. Her only claim is limited to the return of her streedhan, which includes the abovementioned car. After evaluating the list of articles submitted by the petitioner, this Court is of the considered opinion that the remaining items as claimed therein do not qualify as streedhan and are not to be considered for the same. Therefore, the request for return of such items stands rejected.
8. In view of the amicable and voluntary settlement arrived at between the parties, and in order to bring quietus to all disputes and litigations arising out of their matrimonial relationship, this Court deems it appropriate to invoke its plenary powers under Article 142 of the Constitution of India to dissolve the marriage. This Court hereby orders the dissolution of the marriage solemnized between the petitioner-wife and the respondent- husband.
9. Accordingly, we pass the following order:
(i) The marriage solemnized on 11.12.2018 4 between the petitioner Yogyata Bhardwaj and the respondent-Amar Kumar Sharma is hereby dissolved by a decree of divorce by mutual consent.
(ii) All ongoing legal proceedings, whether civil or criminal in nature, filed by either party against the other or against their respective family members, shall stand quashed and deemed to be finally disposed of in light of this order. These include but are not limited to the following matters:
‘1. FIR No. 982 of 2020 P.S. Quarsi, Aligarh, Uttar Pradesh.
2. Rev. Petition 62/2024, Aligarh, Uttar Pradesh.
3. FIR No. 56 of 2020 PIA, Delhi
4. Crl.M.C. 2944/2023, Delhi High Court
5. Crl.M.C. 2430/2023, Delhi High Court
6. Crl.M.C. 2452/2023, Delhi High Court 7. H.M.A. No. 1447/2023,PJFC No. 2 Aligarh, Uttar Pradesh.
8. Any other case arising therefrom.
10.Both parties, present in Court, have voluntarily affirmed that they will strictly adhere to the terms of the settlement as recorded hereinabove and shall not raise any further claims or initiate any future litigation with 5 respect to their matrimonial relationship or the subject matter of this order.
11. Accordingly, the Registry is directed to forward a copy of this order to the respective Courts and authorities for passing formal orders.
12. The Registry to draw-up a decree of divorce in accordance with the present order.
13. The Transfer Petition and pending application(s) shall stand disposed of.
………………………………………………. .J. [VIKRAM NATH] ………………………………………………. .J. [SANJAY KAROL] ………………………………………………. .J. [ SANDEEP MEHTA] NEW DELHI;
APRIL 16, 2025.
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ITEM NO.14 COURT NO.5 SECTION XI
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). 742/2024
YOGYATA BHARDWAJ Petitioner(s)
VERSUS
AMAR KUMAR SHARMA Respondent(s)
[MEDIATION REPORT HAS BEEN RECEIVED.] IA No. 213627/2024 - EXEMPTION FROM FILING O.T. IA No. 66235/2024 - STAY APPLICATION Date : 16-04-2025 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) :
Mr. Sanchit Vashisthe, Adv. Mr. Himanshu Nagarwal, Adv. Mr. Mudit Chaudhary, Adv. Mr. Deepak Panwar, Adv. Mr. Hemant Kr. Niranjan, Adv. Mr. Devesh Kumar Mishra, AOR For Respondent(s) :
Mr. K C Agarwal, Adv.
Mr. Rizwan Ahmad, AOR Mr. Syed Faizan Ali, Adv. Mr. Himanshu Gupta, Adv. Mr. Mohd Tauheed, Adv.
UPON hearing the counsel the Court made the following O R D E R The transfer petition and pending pending application(s) shall stand disposed of in terms of the signed order.
(SONIA BHASIN) (RANJANA SHAILEY) ASSISTANT REGISTRAR-CUM-PS ASSISTANT REGISTRAR [Signed order is placed on the file] 7