Supreme Court – Daily Orders
Dheeru Amit Tibrewala vs Amit Kamal Tibrewala on 20 March, 2026
Author: Pankaj Mithal
Bench: Pankaj Mithal
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.1553/2025
DHEERU AMIT TIBREWALA PETITIONER(S)
VERSUS
AMIT KAMAL TIBREWALA RESPONDENT(S)
ORDER
1. Heard learned counsel for the parties.
2. The present petition has been filed by the
petitioner-wife seeking transfer of a case
instituted by the respondent-husband bearing
Marriage Petition No. 24 of 2025 titled as “Amit
Kamal Tibrewala Vs. Dheeru Amit Tibrewala” pending
before the Court of 3rd Joint Civil Judge, S.D. and
Additional C.J.M., Thane, Maharashtra to the Court
of Additional Family Judge at Vishakhapatnam,
Andhra Pradesh.
3. During the pendency of the present petition,
with the consent of the parties, the matter was
referred to the Supreme Court Mediation Centre for
exploring the possibility of an amicable
settlement.
Signature Not Verified
Digitally signed by
SNEHA DAS
Date: 2026.03.24
4. The parties have entered into a settlement
18:17:36 IST
Reason:
and the Settlement Agreement dated 18.02.2026 is on
record.
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5. In terms of the aforesaid settlement, a
joint application bearing I.A. No.75721 of 2026
seeking dissolution of marriage between the parties
by a decree of divorce on the basis of mutual
consent has been filed under Article 142 of the
Constitution of India.
6. Under the settlement, the parties have inter
alia agreed to dissolve their marriage by a decree
of divorce subject to the respondent-husband paying
a sum of Rs.65,00,000/-(Rupees sixty-five lakhs
only) to the petitioner-wife as full and final
settlement of all the claims towards alimony,
maintenance and welfare etc. The said amount was
already paid by the respondent-husband to the
petitioner-wife. In addition, the respondent shall
return items received by the respondent i.e.,
jewellery and personal effects.
7. They have also agreed that the custody of
the minor daughters shall remain with the
petitioner, with the respondent having unhindered
visitation and communication rights with respect to
the minor daughters.
8. It has also been agreed that all civil and
criminal cases pending between the parties shall
stand closed, namely:
“a) Case No. FCOP/1477/2022(Including
3M.P. No. 242/2024) filed by the Petitioner,
being Petition under Section 125 of Code of
Criminal Procedure, 1973, pending before
Ld. Additional Family Court,
Vishakhapatnam;
b) Complaint being DVC No.23 of
2023(including CRLMP 4628/2023) filed by
Petitioner against the Respondent and his
family members namely Mr. Kamal Kumar
Tibrewala and Mrs. Santosh Kamal Tibrewala
under Section 12 read with Section 13, 19,
20 and 22 of the Protection of Women from
Domestic Violence Act, 2005 before the
Court of Ld. III Additional Chief
Metropolitan Magistrate at Gajuwaka,
Vishakhapatnam, Andhra Pradesh;
c) FIR No. 336 of 2023 dated
17.11.2023 against the Respondent and his
family members namely Mr. Kamal Kumar
Tibrewala and Mrs. Santosh Kamal Tibrewala
at Disha UPS Women Police Station,
Vishakhapatnam Commissionerate under
Section 498A and Section 506 of the Indian
Penal Code, 1860 read with Section 3 and 4
of the Dowry Prohibition Act, 1961.
Consequently to filing of chargesheet, Case
No.CC 2826/2025 has been registered before
the Ld. I Additional Chief Judicial
Magistrate Court, Vishakhapatnam;
d) Divorce Petition being Marriage
Petition No. 24 of 2025 filed by Respondent
before the Ld. III Joint Civil Judge, S.D.
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and Additional CJM Thane Maharashtra;
e) CRLRC 990/2024 registered on
04.10.2024 filed by Respondent before the
Hon’ble High Court of Andhra Pradesh at
Amaravathi Bench, for setting aside the
interim order dated 19/01/2024 passed in
CRL MP No.129/2023 in F.C.O.P. NO.
1477/2022.
f) CRLP 6471/2024 registered on
13/09/2024 filed by Respondent and his
family members namely Mr. Kamal Kumar
Tibrewala and Mrs. Santosh Kamal Tibrewala
before the Hon’ble High Court of Andhra
Pradesh at Amaravathi Bench for quashing of
FIR No.336 of 2023 lodged at the Disha UPS
Women Police Station, Visakhapatnam
Commissionerate, on date: 17-11-2023 for
the offence punishable under Section 498-A
and 506 of the Indian Penal Code, 1860 and
Section 3 and 4 of Dowry Prohibition Act;
g) Transfer Petition bearing Diary No.
49545 of 2025 filed by Respondent before
the Hon’ble Supreme Court seeking transfer
of DVC No. 23 of 2023 pending before the
Court of Ld. III Additional Chief
Metropolitan Magistrate at Gajuwaka,
Vishakhapatnam, Andhra Pradesh; and
h) Transfer Petition bearing Diary No.
49546 of 2025 filed by Respondent before
the Hon’ble Supreme Court seeking transfer
of F.C.O.P. No. 1477 of 2022 pending before
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the Court of Ld. Additional Family Judge,
Vishakhapatnam situated at Additional
Family Court, Visakhapatnam for maintenance
of Petitioner and the minor daughters.”
9. Considering the fact that the marriage has
been irretrievably broken down and the parties have
agreed to live separately, we consider it proper to
exercise our power under Article 142 of the
Constitution of India and direct for drawing a
decree of divorce by mutual consent in Divorce
Petition being Marriage Petition No. 24 of 2025
filed by Respondent before the Ld. III Joint Civil
Judge, S.D. and Additional CJM Thane Maharashtra
which shall stand closed accordingly.
10. Similarly, all other cases referred to above
shall also stand closed.
11. The parties shall remain bound by the terms
and conditions of the Settlement Agreement.
12. The application being I.A. No.75721 of 2026
is allowed in the above terms and the transfer
petition stands disposed of accordingly.
13. The settlement agreement shall form part of
this order.
14. The Registry shall inform the respective
Courts about this order where the proceedings are
pending in the aforesaid cases.
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15. We place on record our appreciation for the
sincere work done by the Supreme Court Mediation
Centre in facilitating the parties to arrive at a
settlement.
16. Pending application(s), if any, shall stand
disposed of.
……………………………………………………J.
[PANKAJ MITHAL]
……………………………………………………J.
[S.V.N. BHATTI]
NEW DELHI;
MARCH 20, 2026.
SD
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ITEM NO.50 COURT NO.9 SECTION IX-A
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. 1553/2025
DHEERU AMIT TIBREWALA Petitioner(s)
VERSUS
AMIT KAMAL TIBREWALA Respondent(s)
[INTERIM MEDIATION REPORT RECEIVED]
(IA No. 134010/2025 – STAY APPLICATION)
Date : 20-03-2026 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE PANKAJ MITHAL
HON’BLE MR. JUSTICE S.V.N. BHATTI
For Petitioner(s) Mr. Vishisht Singh, Adv.
Mr. Abhijit Sengupta, AOR
Mr. Paras Chauhan, Adv.
Mr. Navneet Singh, Adv.
Mr. Vijay Chauhan, Adv.
Mr. Vansh Kalra, Adv.
Mr. Vishal Kumar Singh, Adv.
For Respondent(s) Mr. Bhushan Mahendra Oza, AOR
Mr. Kuldeep Sharma, Adv.
Mr. Amber Dwivedi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The application being I.A. No.75721 of 2026
is allowed and the transfer petition stands
disposed of in terms of the signed order which is
placed on the file.
2. Pending application(s), if any, shall stand
disposed of.
(SNEHA DAS) (NIDHI MATHUR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
